February 24, 2005, Introduced by Reps. Walker, Pastor, Palmer, Casperson, Stahl, Emmons, Moolenaar, Brown, Adamini and Lemmons, III and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 30501, 30502, and 30506 (MCL 324.30501,
324.30502, and 324.30506), as added by 1995 PA 59.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30501. As used in this part:
(a) "Free flowing" means existing or flowing in natural
condition without impoundment, diversion, straightening,
riprapping, or other modification.
(b) "Local unit of government" means a city, village,
township, or county.
(c) "Municipality" means a city or village.
(d) (b)
"Natural river" means a
river that has been
designated by the department for inclusion in the wild, scenic, and
recreational rivers system.
(e) "Plan" means the long-range comprehensive plan for a
natural river area.
(f) (c)
"River" means a flowing
body of water or a portion
or tributary of a flowing body of water, including streams, creeks,
or impoundments and small lakes thereon.
(g) (d)
"System" means all of
those rivers or portions of
rivers designated under this part.
Sec.
30502. (1) The department, in the interest of the people
of
the state and future generations, may designate a Any
person
may nominate a river for designation as a natural river area at a
regularly scheduled meeting of the commission.
(2) A river
or portion of a river may
be designated as a
natural river area for the purpose of preserving and enhancing its
values for water conservation, its free flowing condition, and its
fish, wildlife, boating, scenic, aesthetic, floodplain, ecologic,
historic,
and recreational values and uses. The
area natural
river designation shall include adjoining or related lands as
appropriate
to the purposes of the designation. The
(3) Following consideration of all testimony on the nomination
received by the commission, if the commission determines that the
nomination meets the purpose for designation as a natural river
area under subsection (2), the commission shall do both of the
following:
(a) Direct the department to proceed with consideration of a
designation as a natural river area, to gather public input as
provided in section 30506, and to prepare the long-range
comprehensive plan for the natural river area as provided in
subsection (4).
(b) Place on the agenda of a future meeting of the commission
the consideration of a designation as a natural river area.
(4) Upon direction of the commission under subsection (3)(a),
the
department shall prepare and adopt a
long-range comprehensive
plan
for a designated natural river area that sets forth the
purposes of the designation, proposed uses of lands and waters, and
management
measures designed to accomplish the purposes. State
(5) At a meeting of the commission scheduled for consideration
of a designation as a natural river area, the commission shall do
all of the following:
(a) Review the plan for the natural river area.
(b) Receive testimony from the department on the input the
department received under section 30506.
(c) Receive testimony from the general public on the
designation and the plan.
(6) Upon consideration of the plan and testimony under
subsection (5), the commission may designate the river as a natural
river area and approve the plan for the natural river area.
(7) Following designation by the commission of a natural river
area, state land within the designated area shall be administered
and managed in accordance with the plan, and state management of
fisheries, streams, waters, wildlife, and boating shall take
cognizance of the plan. The department shall publicize and inform
private and public landowners or agencies as to the plan and its
purposes, so as to encourage their cooperation in the management
and use of their land in a manner consistent with the plan and the
purposes of the designation. The department shall cooperate with
federal agencies administering any federal program concerning
natural river areas, and with any watershed council established
under part 311, when such cooperation furthers the interest of the
state.
(8) If the commission determines that it is in the best
interest of the natural river area and the state, the commission,
at a meeting of the commission, may modify the plan for a natural
river area. If the commission modifies the plan for a natural river
area, the department shall notify the counties and townships in
which the natural river area is located of the modifications.
Sec.
30506. Before designating the
commission designates a
river
as a natural river area
under section 30502, the department
shall
conduct do all of the
following:
(a) Conduct public hearings in the county seat of any county
in
which a portion of the designated proposed natural river area
is located. Notices of the hearings shall be advertised at least
twice, not less than 30 days before the hearing, in a newspaper
having general circulation in each such county and in at least 1
newspaper having general circulation in the state and 1 newspaper
published in the Upper Peninsula.
(b) Notify in writing each landowner within the proposed
natural river area and provide each landowner an opportunity to
receive regular updates on meetings related to the proposed
designation as a natural river area.
(c) Notify all local units of government in which the proposed
natural river area is located. The department shall encourage the
local units of government to notify affected landowners within
their jurisdiction.
(d) Attend a meeting of the governing body of each township
and county in which the proposed natural river area is located to
receive input on the designation of the natural river area and on
the plan for the natural river area.