Act No. 344
Public Acts of 2006
Approved by the Governor*
August 15, 2006
Filed with the Secretary of State
August 16, 2006
EFFECTIVE DATE: August 16, 2006
*Item Vetoes
Sec. 108. PARKS AND RECREATION
Petoskey breakwall $ 0400,000 (Page 6)
Sec. 112. GRANTS
Grant to Gladwin County - Chappel dam maintenance $ 300,000 (Page 8)
Sec. 603.
Entire Section. (Page 13)
Sec. 709.
Entire Section. (Page 14)
Sec. 1104.
Entire Section. (Page 15)
STATE OF MICHIGAN
93RD LEGISLATURE
REGULAR SESSION OF 2006
Introduced by Senators Barcia and Emerson
ENROLLED SENATE BILL No. 1094
AN ACT to make appropriations for the department of natural resources for the fiscal year ending September 30, 2007; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
The People of the State of Michigan enact:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of natural resources for the fiscal year ending September 30, 2007, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,086.4
GROSS APPROPRIATION $ 291,513,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 3,765,900
ADJUSTED GROSS APPROPRIATION $ 287,747,300
Federal revenues:
Total federal revenues 43,464,300
Special revenue funds:
Total local revenues 0
Total private revenues 3,125,100
Total other state restricted revenues 215,888,300
State general fund/general purpose $ 25,269,600
FUND SOURCE SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,086.4
GROSS APPROPRIATION $ 291,513,200
Interdepartmental grant revenues:
IDG, engineering services to work orders 1,904,700
IDG, land acquisition services to work orders 414,800
IDG, MacMullan conference center revenue 1,446,400
Total interdepartmental grants and intradepartmental transfers 3,765,900
ADJUSTED GROSS APPROPRIATION $ 287,747,300
Federal revenues:
DAG, federal 7,237,800
DAG, timber revenue 3,300,000
DHS-USCG, federal 5,743,300
DOC, federal 69,200
DOE, federal 1,000
DOI, federal 24,584,400
DOI, oil and gas royalty revenue 150,000
DOT, federal 2,100,000
EPA, federal 278,600
Total federal revenues 43,464,300
Special revenue funds:
Private funds 2,625,100
Private - gift revenues 500,000
Total private revenues 3,125,100
Aircraft fees 252,700
Air photo fees - geographic information system 34,300
Cervidae licensing and inspection fees 95,700
Clean Michigan initiative fund 56,000
Clean Michigan initiative - clean water fund 2,000,000
Commercial forest fund 49,600
Forest development fund 34,277,900
Forestland user charges 326,500
Forest recreation fund 1,439,500
Game and fish protection fund 64,965,900
Game and fish protection fund - deer habitat reserve 2,565,400
Game and fish protection fund - fisheries settlement 964,700
Game and fish protection fund - turkey permit fees 1,751,600
Game and fish protection fund - waterfowl fees 106,100
Game and fish - wildlife resource protection fund 1,643,200
Game and fish protection fund - youth hunting and fishing education and outreach fund 27,700
Harbor development fund 290,100
Land exchange facilitation fund 6,086,700
Marine safety fund 4,716,000
Michigan civilian conservation corps endowment fund 1,137,300
Michigan natural resources trust fund 3,095,000
Michigan state parks endowment fund 12,974,000
Michigan state waterways fund 16,689,600
Nongame wildlife fund 696,100
Off-road vehicle trail improvement fund 4,297,400
Park improvement fund 41,173,600
Publications revenue 900
Recreation improvement fund 1,463,200
Safety education fund 211,000
Shop fees 66,300
Snowmobile registration fee revenue 2,258,200
Snowmobile trail improvement fund 9,926,100
Sportsmen against hunger fund 250,000
Total other state restricted revenues $ 215,888,300
State general fund/general purpose $ 25,269,600
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 45.6
Commission (including travel expense--per diem) $ 91,300
Unclassified salaries--6.0 FTE positions 416,500
Communications--33.6 FTE positions 3,615,700
Executive direction--12.0 FTE positions 2,158,000
Project F.I.S.H. 25,000
GROSS APPROPRIATION $ 6,306,500
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 23,100
Special revenue funds:
Aircraft fees 500
Air photo fees - geographic information system 1,100
Forest development fund 324,700
Forestland user charges 6,500
Forest recreation fund 27,300
Game and fish protection fund 1,829,800
Game and fish protection fund - deer habitat reserve 37,200
Game and fish protection fund - fisheries settlement 10,200
Game and fish protection fund - turkey permit fees 15,900
Game and fish protection fund - waterfowl fees 900
Game and fish - wildlife resource protection fund 15,600
Game and fish protection fund - youth hunting and fishing education and outreach fund 27,700
Harbor development fund 600
Land exchange facilitation fund 63,600
Marine safety fund 29,100
Michigan civilian conservation corps endowment fund 2,600
Michigan natural resources trust fund 32,100
Michigan state parks endowment fund 130,100
Michigan state waterways fund 281,700
Nongame wildlife fund 11,000
Off-road vehicle trail improvement fund 23,400
Park improvement fund 2,404,500
Publications revenue 500
Recreation improvement fund 13,000
Snowmobile registration fee revenue 4,400
Snowmobile trail improvement fund 46,200
State general fund/general purpose $ 943,200
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions 81.0
Budget and support services--10.0 FTE positions $ 1,006,700
Financial services--27.0 FTE positions 2,670,200
Grants management--15.0 FTE positions 1,317,400
Human resources--21.0 FTE positions 2,163,600
Human resources optimization user charges 158,700
Internal audit--8.0 FTE positions 849,200
GROSS APPROPRIATION $ 8,165,800
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 14,800
Federal revenues:
DOI, federal 355,400
Special revenue funds:
Aircraft fees $ 3,200
Air photo fees - geographic information system 3,500
Clean Michigan initiative fund 56,000
Commercial forest fund 1,800
Forest development fund 990,200
Forestland user charges 1,000
Forest recreation fund 81,100
Game and fish protection fund 1,595,200
Game and fish protection fund - deer habitat reserve 53,800
Game and fish protection fund - fisheries settlement 21,400
Game and fish protection fund - turkey permit fees 32,600
Game and fish protection fund - waterfowl fees 4,500
Game and fish - wildlife resource protection fund 35,000
Harbor development fund 7,000
Land exchange facilitation fund 74,400
Marine safety fund 167,400
Michigan civilian conservation corps endowment fund 49,100
Michigan natural resources trust fund 811,000
Michigan state parks endowment fund 204,000
Michigan state waterways fund 470,400
Nongame wildlife fund 23,100
Off-road vehicle trail improvement fund 68,600
Park improvement fund 1,498,200
Publications revenue 400
Recreation improvement fund 20,500
Safety education fund 2,500
Shop fees 400
Snowmobile registration fee revenue 99,700
Snowmobile trail improvement fund 238,100
State general fund/general purpose $ 1,181,500
Sec. 104. LAND AND FACILITIES
Full-time equated classified positions 134.2
Land and facilities--134.2 FTE positions $ 20,009,500
GROSS APPROPRIATION $ 20,009,500
Appropriated from:
Interdepartmental grant revenues:
IDG, engineering services to work orders 1,904,700
IDG, land acquisition services to work orders 414,800
IDG, MacMullan conference center revenue 1,374,100
Special revenue funds:
Aircraft fees 124,900
Forest development fund 1,766,400
Forestland user charges 13,100
Forest recreation fund 10,700
Game and fish protection fund 7,096,700
Land exchange facilitation fund 5,848,200
Marine safety fund 72,700
Michigan natural resources trust fund 5,600
Michigan state parks endowment fund 112,300
Michigan state waterways fund 295,200
Off-road vehicle trail improvement fund 23,100
Park improvement fund 535,500
Snowmobile trail improvement fund 65,200
State general fund/general purpose $ 346,300
Sec. 105. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges $ 2,111,100
Rent - privately owned property 515,000
Gifts and bequests 500,000
GROSS APPROPRIATION $ 3,126,100
Appropriated from:
Special revenue funds:
Private - gift revenues 500,000
Forest development fund 882,500
Forest recreation fund 20,700
Game and fish protection fund 546,300
Game and fish protection fund - deer habitat reserve 21,100
Game and fish protection fund - fisheries settlement 6,800
Game and fish protection fund - turkey permit fees 20,200
Game and fish - wildlife resource protection fund 7,600
Land exchange facilitation fund 13,000
Marine safety fund 34,500
Michigan natural resources trust fund 42,500
Michigan state parks endowment fund 242,600
Michigan state waterways fund 180,100
Park improvement fund 412,800
Snowmobile trail improvement fund 22,000
State general fund/general purpose $ 173,400
Sec. 106. WILDLIFE MANAGEMENT
Full-time equated classified positions 195.7
Wildlife management--186.7 FTE positions $ 27,192,300
Natural resources heritage--9.0 FTE positions 1,311,100
Cormorant control 150,000
State game and wildlife area maintenance 500,000
GROSS APPROPRIATION $ 29,153,400
Appropriated from:
Federal revenues:
DAG, federal 100,400
DOI, federal 11,379,300
EPA, federal 1,000
Special revenue funds:
Private funds 111,300
Cervidae licensing and inspection fees 95,700
Forest development fund 61,600
Game and fish protection fund 10,363,800
Game and fish protection fund - deer habitat reserve 2,358,000
Game and fish protection fund - turkey permit fees 1,620,600
Game and fish protection fund - waterfowl fees 100,700
Nongame wildlife fund 622,600
Sportsmen against hunger fund 250,000
State general fund/general purpose $ 2,088,400
Sec. 107. FISHERIES MANAGEMENT
Full-time equated classified positions 225.0
Aquatic resource mitigation--3.0 FTE positions $ 899,400
Fish production--62.0 FTE positions 8,318,800
Fisheries resource management--160.0 FTE positions 20,800,100
GROSS APPROPRIATION $ 30,018,300
Appropriated from:
Federal revenues:
DOC, federal 51,700
DOE, federal 1,000
DOI, federal $ 8,441,200
EPA, federal 160,100
Special revenue funds:
Private funds 112,800
Clean Michigan initiative - clean water fund 2,000,000
Game and fish protection fund 18,353,100
Game and fish protection fund - fisheries settlement 898,400
State general fund/general purpose $ 0
Sec. 108. PARKS AND RECREATION
Full-time equated classified positions 794.9
Bay City State Park $ 100,000
Michigan civilian conservation corps--3.0 FTE positions 1,057,000
Petoskey breakwall 400,000
Recreational boating--163.5 FTE positions 14,038,100
State parks--628.4 FTE positions 45,663,600
State parks improvement revenue bonds - debt service 1,119,600
GROSS APPROPRIATION $ 62,378,300
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
EPA, federal 116,500
Special revenue funds:
Private funds 352,300
Harbor development fund 277,000
Michigan civilian conservation corps endowment fund 1,057,000
Michigan state parks endowment fund 11,695,000
Michigan state waterways fund 14,261,100
Off-road vehicle trail improvement fund 235,500
Park improvement fund 34,383,900
State general fund/general purpose $ 0
Sec. 109. FOREST, MINERAL, AND FIRE MANAGEMENT
Full-time equated classified positions 342.5
Adopt-a-forest program $ 25,000
Cooperative resource programs--10.5 FTE positions 2,647,600
Forest and timber treatments--121.0 FTE positions 16,116,500
Forest fire equipment 1,700,000
Forest fire protection--133.5 FTE positions 10,838,100
Forest management initiatives--9.2 FTE positions 902,700
Forest management planning--18.0 FTE positions 5,600,100
Forest recreation and trails--33.0 FTE positions 4,978,600
Minerals management--17.3 FTE positions 2,145,400
GROSS APPROPRIATION $ 44,954,000
Appropriated from:
Federal revenues:
DAG, federal 2,312,400
DOI, federal 2,000
EPA, federal 1,000
Special revenue funds:
Private funds 898,700
Aircraft fees 124,100
Air photo fees - geographic information system 26,300
Commercial forest fund 46,300
Forest development fund 28,806,900
Forestland user charges 293,100
Forest recreation fund 1,176,200
Game and fish protection fund $ 1,654,700
Michigan natural resources trust fund 1,112,600
Michigan state parks endowment fund 548,700
Michigan state waterways fund 374,000
Off-road vehicle trail improvement fund 399,600
Recreation improvement fund 313,000
Shop fees 65,900
Snowmobile trail improvement fund 2,147,600
State general fund/general purpose $ 4,650,900
Sec. 110. LAW ENFORCEMENT
Full-time equated classified positions 267.5
General law enforcement--257.5 FTE positions $ 29,909,300
Wildlife resource protection--10.0 FTE positions 1,644,700
GROSS APPROPRIATION $ 31,554,000
Appropriated from:
Federal revenues:
DHS-USCG, federal 4,273,300
DOC, federal 17,500
DOI, federal 1,239,600
Special revenue funds:
Forest recreation fund 57,500
Game and fish protection fund 18,213,200
Game and fish - wildlife resource protection fund 1,529,700
Marine safety fund 1,521,900
Off-road vehicle trail improvement fund 1,189,800
Park improvement fund 239,900
Safety education fund 58,500
Snowmobile registration fee revenue 980,900
State general fund/general purpose $ 2,232,200
Sec. 111. PAYMENTS IN LIEU OF TAXES
Swamp and tax reverted lands $ 7,071,500
Purchased lands 5,400,000
Special payments to counties 170,000
Commercial forest reserves 2,662,600
GROSS APPROPRIATION $ 15,304,100
Appropriated from:
Special revenue funds:
Game and fish protection fund 2,040,000
Michigan natural resources trust fund 520,000
Michigan state waterways fund 140,000
State general fund/general purpose $ 12,604,100
Sec. 112. GRANTS
Federal - clean vessel act grants $ 100,000
Federal - forest stewardship grants 625,000
Federal - land and water conservation fund payments 3,066,900
Federal - rural community fire protection 300,000
Federal - urban forestry grants 4,000,000
Grants to communities - federal oil, gas, and timber payments 3,450,000
National recreational trails 2,150,000
Accessibility grants 1,000,000
Game and nongame wildlife fund grants 10,000
Grant to counties - marine safety 4,275,000
Inland fisheries resources grants 200,000
Off-road vehicle safety training grants 150,000
Off-road vehicle trail improvement grants $ 2,357,400
Recreation improvement fund grants 1,100,000
Grant to Gladwin County - Chappel dam maintenance 300,000
Snowmobile law enforcement grants 1,142,000
Snowmobile local grants program 7,314,000
GROSS APPROPRIATION $ 31,540,300
Appropriated from:
Federal revenues:
DAG, federal 4,825,000
DAG, timber revenue 3,300,000
DHS-USCG, federal 1,470,000
DOI, federal 3,166,900
DOI, oil and gas royalty revenue 150,000
DOT, federal 2,100,000
Special revenue funds:
Private funds 1,150,000
Game and fish protection fund 500,000
Marine safety fund 2,805,000
Nongame wildlife fund 10,000
Off-road vehicle trail improvement fund 2,357,400
Recreation improvement fund 1,100,000
Safety education fund 150,000
Snowmobile registration fee revenue 1,142,000
Snowmobile trail improvement fund 7,314,000
State general fund/general purpose $ 0
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects $ 9,002,900
GROSS APPROPRIATION $ 9,002,900
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 34,400
Special revenue funds:
Air photo fees - geographic information system 3,400
Commercial forest fund 1,500
Forest development fund 1,445,600
Forestland user charges 12,800
Forest recreation fund 66,000
Game and fish protection fund 2,773,100
Game and fish protection fund - deer habitat reserve 95,300
Game and fish protection fund - fisheries settlement 27,900
Game and fish protection fund - turkey permit fees 62,300
Game and fish - wildlife resource protection fund 55,300
Harbor development fund 5,500
Land exchange facilitation fund 87,500
Marine safety fund 85,400
Michigan civilian conservation corps endowment fund 28,600
Michigan natural resources trust fund 571,200
Michigan state parks endowment fund 41,300
Michigan state waterways fund 687,100
Nongame wildlife fund 29,400
Park improvement fund 1,698,800
Recreation improvement fund 16,700
Snowmobile registration fee revenue 31,200
Snowmobile trail improvement fund 93,000
State general fund/general purpose $ 1,049,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2006-2007 is $241,157,900.00 and state spending from state resources to be paid to local units of government for fiscal year 2006-2007 is $29,482,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
PAYMENTS IN LIEU OF TAXES
Commercial forest reserves $ 2,662,600
Purchased lands 5,400,000
Special payments to counties 170,000
Swamp and tax reverted lands 7,071,500
GRANTS
Grants to counties - marine safety $ 2,805,000
Grant to Gladwin County - Chappel dam maintenance 300,000
Off-road vehicle safety training grants 150,000
Off-road vehicle trail improvement grants 2,357,400
Recreation improvement fund grants 110,000
Snowmobile law enforcement grants 1,142,000
Snowmobile local grants program 7,314,000
TOTAL $ 29,482,500
Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this act:
(a) "Commission" means the commission of natural resources.
(b) "DAG" means the United States department of agriculture.
(c) "Department" means the department of natural resources.
(d) "DHS" means the United States department of homeland security.
(e) "DOC" means the United States department of commerce.
(f) "DOE" means the United States department of energy.
(g) "DOI" means the United States department of interior.
(h) "DOT" means the United States department of transportation.
(i) "EPA" means the United States environmental protection agency.
(j) "FTE" means full-time equated.
(k) "IDG" means interdepartmental grant.
(l) "USCG" means the United States coast guard.
Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report quarterly to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous quarter and the reasons to justify the exceptions.
Sec. 206. The department shall use the Internet to fulfill the reporting requirements of this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an Internet or Intranet site.
Sec. 207. Within 14 days after the release of the executive budget recommendation, the department shall provide the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies with an annual report on estimated restricted fund balances, projected revenues, and expenditures for the fiscal years ending September 30, 2006 and September 30, 2007.
Sec. 208. (1) From the funds appropriated under part 1, the department shall prepare a report that lists all of the following regarding grant, loan, or grant and loan programs administered by the department for the fiscal year ending on September 30, 2007:
(a) The name of each program.
(b) The goals, criteria, filing fees, nominating procedures, eligibility requirements, processes, and deadlines for each program.
(c) The maximum and minimum grant and loan available and whether there is a match requirement for each program.
(d) The amount of any required match, and whether in-kind contributions may be used as part or all of a required match.
(e) Information pertaining to the application process, timeline for each program, and the contact people within the department.
(f) The source of funds for each program, including the citation of pertinent authorizing acts.
(g) Information regarding plans for the next fiscal year for the phaseout, expansion, or changes for each program.
(h) A listing of all recipients of grants or loans awarded by the department by type and amount of grant or loan during the fiscal year ending September 30, 2006.
(2) The reports required under this section shall be submitted to the state budget director, the senate and house appropriations committees, and the senate and house fiscal agencies by January 1, 2007.
Sec. 209. Appropriations of state-restricted game and fish protection funds have been made to the following departments and agencies in their respective appropriation acts. The amounts appropriated to these departments and agencies are listed below:
Department of civil service $ 409,100
History, arts, and libraries 2,400
Legislative auditor general 21,400
Attorney general 740,800
Department of management and budget 259,100
Department of treasury 11,700
Sec. 210. Before January 31, 2007, the department, in cooperation with the Michigan state waterways commission, shall provide to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies a list of projects completed by the commission in fiscal year 2005-2006, including the county and municipality in which each project is located.
Sec. 211. Pursuant to section 43703(3) of the natural resources and environmental protection act, 1994 PA 451, MCL324.43703, there is appropriated from the game and fish protection trust fund to the game and fish protection fund, $6,000,000.00 for the fiscal year ending September 30, 2007.
Sec. 212. From the funds appropriated in part 1 for information technology, departments and agencies shall pay user fees to the department of information technology for technology-related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the department and the department of information technology.
Sec. 213. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of information technology. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 214. (1) Due to the current budgetary problems in this state, out-of-state travel for the fiscal year ending September 30, 2007 shall be limited to situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.
(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate funds.
(2) If out-of-state travel is necessary but does not meet 1 or more of the conditions in subsection (1), the state budget director may grant an exception to allow the travel. Any exceptions granted by the state budget director shall be reported on a monthly basis to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department shall prepare a travel report listing all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the chairs and members of the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state-restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the immediately preceding fiscal year.
Sec. 215. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and comparable quality American goods or services, or both, are available. Preference should be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality.
Sec. 216. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 218. (1) From the funds appropriated in part 1, the department is prohibited from transporting employees of institutions of higher education on state-owned aircraft, unless the transport is consistent with the mission of the department.
(2) From the funds appropriated in part 1, the department is prohibited from transporting legislators or legislative staff on state-owned aircraft without prior approval from the senate majority leader or the speaker of the house of representatives, or both.
(3) From the funds appropriated in part 1, the department is prohibited from transporting local government employees on state-owned aircraft.
(4) It is the intent of the legislature that state elected officials use commercial or other private air service, unless air travel on state-owned aircraft is part of official state business.
(5) This section does not apply to transportation that is related to law enforcement or homeland security activities.
Sec. 219. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities and Baldwin in Lake County compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 220. The department shall develop a plan for allocating restricted funds among department administrative support and regulatory activities. This plan shall be submitted to the house and senate appropriations subcommittees on natural resources by January 30, 2007. This plan shall include a cost allocation plan for financial services support, office space rent and building occupancy charges, and support division service for information systems and technology and a methodology to use information generated through activity reports that identifies the percentage of employee time spent on restricted fund activities.
EXECUTIVE
Sec. 301. The amount appropriated in part 1 for Project F.I.S.H. is a grant to that organization. The department shall collaborate with Project F.I.S.H. to increase the number of anglers in Michigan through the continuation and expansion of Project F.I.S.H. By January 31, 2007, the department shall provide to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies a cost-benefit analysis of the effectiveness of these efforts.
ADMINISTRATIVE SERVICES
Sec. 401. The department may charge the appropriations contained in part 1, including all special maintenance and capital projects appropriated for the fiscal year ending September 30, 2007, for engineering services provided, a standard percentage fee to recover actual costs. The department may use the revenue derived to support the engineering services charges provided for in part 1.
Sec. 402. The department may charge land acquisition projects appropriated for the fiscal year ending September30, 2007, and for prior fiscal years, a standard percentage fee to recover actual costs, and may use the revenue derived to support the land acquisition service charges provided for in part 1.
Sec. 403. The department may charge both application fees and transaction fees related to the exchange or sale of state-owned land or rights in land authorized by part 21 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2162. The fees shall be set by the director at a rate which allows the department to recover its costs for providing these services.
Sec. 404. The department shall prominently display in a prominent place in the fishing guide provided to each licensed fisher and paid for from the funds appropriated in part 1, the website address for the department of community health. In addition, the fishing guide shall include information on alternative sources where interested parties without Internet access may find information on fish advisories issued by the department of community health.
Sec. 405. Within 21 days after the end of each fiscal quarter, the department shall submit to the senate and house appropriations subcommittees on natural resources a report on all land transactions completed by the department in the previous fiscal quarter. For each land transaction, the report shall include, but not be limited to, the size of the parcel, the county and municipality in which the parcel is located, the dollar amount of the transaction, the fund source affected by the transaction, and the type of transaction, such as purchase, public auction, transfer, exchange, or conveyance.
WILDLIFE MANAGEMENT
Sec. 501. Of the funds appropriated in part 1, the department shall reimburse the department of agriculture for costs incurred for indemnification payments for livestock losses caused by wolves, coyotes, or cougars under the animal industry act, 1988 PA 466, MCL 287.701 to 287.745.
Sec. 502. (1) The appropriation in part 1 for cormorant control shall be used to enter into a partnership agreement with the United States department of agriculture - wildlife services agency to provide for additional control activities in areas of the state most affected by the double-crested cormorant, and such agreement shall contain conditions requiring the United States department of agriculture to document that the state appropriation was used to control double-crested cormorants within Michigan boundary waters in sufficient detail to allow verification by the legislative auditor general.
(2) The funds shall only be expended if the federal government has provided funding for cormorant control in an amount equal to or greater than the amount appropriated in part 1. The department shall submit a report not later than September 30, 2007 on how these funds were used, the efforts taken to improve the state and federal relationship, and, to the extent practical, any impacts made on cormorant control in Michigan to the chairs of the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies.
Sec. 503. From the funds appropriated in part 1 for wildlife management, the department shall spend up to $20,000.00 to study the bobcat population in Michigan and, in coordination with the natural resources commission, develop appropriate, science-based hunting quotas in both the upper and lower peninsulas. By September 30, 2007, the department shall report to the senate and house appropriations subcommittees on natural resources, the senate and house fiscal agencies, and the state budget director on the results of the study.
FISHERIES MANAGEMENT
Sec. 601. As a condition of expenditure of fisheries management appropriations under part 1, the department shall not impede the certification process for water control structures on Michigan waterways. The department shall fund from funds appropriated in part 1 all non-water-quality studies or requirements that the department requests of either of the following:
(a) The department of environmental quality as a condition for issuance of a certification under the federal water pollution control act, 33 USC 1341.
(b) The federal energy regulatory commission as a condition of licensing under the federal power act, 16 USC 791a to 825r.
Sec. 602. (1) From the appropriation in part 1 for aquatic resource mitigation, not more than $758,000.00 shall be allocated for grants to watershed councils, resource development councils, soil conservation districts, local governmental units, and other nonprofit organizations for stream habitat stabilization and soil erosion control.
(2) The fisheries division of the department shall develop priority and cost estimates for all recommended projects.
Sec. 603. (1) From the funds appropriated in part 1 for fisheries resources management, $2,000,000.00 is provided for preparation activities for removal, including engineering projects, and the removal of publicly or privately owned dams at Otsego, Plainwell, and Trowbridge on the Kalamazoo River. Any unused funds from the appropriation provided in part 1 shall lapse to the clean Michigan initiative - clean water fund.
(2) The appropriation in part 1 shall not preclude the department from pursuing cost recovery for dam removal costs from responsible parties. The department shall pursue aggressive action with regard to the responsible parties and pursue additional funding sources for corrective action at these sites. If the department recovers funds from responsible parties at these locations, the department shall restore funding to the clean Michigan initiative - clean water fund.
PARKS AND RECREATION
Sec. 701. Pursuant to section 1902(2) of the natural resources and environmental protection act, 1994 PA 451, MCL324.1902, there is appropriated from the Michigan natural resources trust fund to the Michigan state parks endowment fund an amount not to exceed $10,000,000.00 for the fiscal year ending September 30, 2007.
Sec. 702. (1) The department shall prepare detailed reports for construction projects in state parks that will involve campsite or campground closures. These reports shall include expected costs, impacts on recreation opportunities, impacts on state park revenues, and the expected impact on state park users. The department shall also prepare reports on average monthly campground occupancy rates for every state park during the previous summer season. The department shall provide reports described in this subsection to the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies not later than April 1, 2007.
(2) The department shall notify the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies if it intends to reduce operations or reduce recreation opportunities at any state park or recreation area.
Sec. 703. From the funds appropriated in part 1, the department shall maintain an appropriate number of defibrillators in state parks. State parks shall accept donations of defibrillators.
Sec. 704. By September 30, 2007, the department shall report to the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies any misuse of complimentary or discounted day passes at state recreational facilities during the 2006-2007 fiscal year.
Sec. 705. The department shall not alter or halt operations of the ski hill or demolish buildings related to the ski hill, the assistant manager residence, the 3-unit apartment building, or the carpenter's shop and garage in Porcupine Mountains wilderness state park. The department shall collaborate with travel Michigan for the marketing and promotion of the ski hill.
Sec. 706. Regardless of the results of the pending shooting range litigation, from the funds appropriated in part 1, the department shall retain the services of a licensed engineer specializing in acoustics to further study and design range modifications to mitigate sound from the shooting range at the Island Lake recreation area.
Sec. 707. From the funds appropriated in part 1, the department shall work with the Michigan state waterways commission to develop both a short-term and a long-term plan to improve public boating access throughout the state. By July 1, 2007, the department shall submit the plans to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies.
Sec. 708. The appropriation in part 1 for Bay City state park shall be used to provide floating docks for recreation purposes and for barrier-free access.
Sec. 709. Subject to the provisions of this section, the funds appropriated in part 1 for the Petoskey breakwall shall be expended to repair the breakwall under the jurisdiction of the United States army corps of engineers. This funding shall not be expended unless the department has entered into an agreement with the United States army corps of engineers or other appropriate federal agency in which the United States army corps of engineers or other appropriate federal agency agreed to repay the Michigan state waterways fund for its expenditures for this project.
FOREST, MINERAL, AND FIRE MANAGEMENT
Sec. 801. In addition to the funds appropriated in part 1, $350,000.00 is appropriated to cover costs related to any declared emergency involving the collapse of any abandoned mine shaft located on state land. This appropriation shall not be expended unless the state budget director recommends the expenditure and the department notifies the house and senate committees on appropriations.
Sec. 802. As a condition of expenditure of appropriations in part 1 from forest development funds, on October 15, 2006 the department shall provide $1,000,000.00 from cooperative resources programs as an interdepartmental grant to the department of agriculture for the cooperative resources management initiative program for the purposes of supporting forestry programs in local conservation districts.
Sec. 803. From the funds appropriated in part 1, the department shall develop a motorized snowmobile trail connecting Gaylord and Cheboygan.
Sec. 804. By February 1, 2007, the department shall report to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies on the planned use, expenditure, and action taken by the Michigan forest finance authority regarding the grant from the Michigan strategic fund of $26,000,000.00 appropriated from the 21st century jobs trust fund under section 88j of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088j.
Sec. 805. The department shall spend amounts appropriated in part 1 for forest-related activities to employ or contract for additional foresters to mark timber, pursuant to section 806.
Sec. 806. Of the funds appropriated in part 1, the department shall, subject to the forest certification process, prescribe appropriate treatment on not less than 63,000 acres at the current average rate of 12.5 to 13 cords per acre, and put those cords up for sale in 2007, provided that the department shall take into consideration the impact of timber harvesting on wildlife habitat and recreation uses. The department shall, subject to the forest certification process, increase marking or treatment of hardwood timber for sale and harvest by 10% over 2006 levels. In addition, the department shall take into consideration silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management of timber. The department shall provide quarterly reports on the number of acres treated, pursuant to this section, to the senate and house appropriations subcommittees on natural resources and the standing committees of the senate and house of representatives with primary responsibility for natural resources issues.
Sec. 807. From the funds appropriated in part 1, the department shall allow for a designated snowmobile route connecting the Village of Bellaire to the Jordan River Trail across state-owned land with associated reasonable restrictions that mitigate negative impacts on the natural resources.
LAW ENFORCEMENT
Sec. 901. The appropriation in part 1 for snowmobile law enforcement grants shall be used to provide grants to county law enforcement agencies to enforce part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82160, including rules promulgated under that part and ordinances enacted pursuant to that part. The department shall consider the number of enforcement hours and the number of miles of snowmobile trails in each county in allocating these grants. Any funds not distributed to counties revert back to the snowmobile registration fee fund created under section 82111 of the natural resources and environmental protection act, 1994 PA451, MCL 324.82111. Counties shall provide semiannual reports to the department.
PAYMENTS IN LIEU OF TAXES
Sec. 1001. From the funds appropriated in part 1 for special payment to counties, $170,000.00 shall be used to replace a loss of revenue to a county with a fiscal year ending September 30, 2007, caused by a single annual statement and billing for payments in lieu of taxes authorized under sections 2153 and 2154 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2153 and 324.2154, and as a result of revenue due for set-aside to the revenue-sharing reserve fund generated by county allocated millage as authorized under section 44a of the general property tax act, 1893 PA 206, MCL 211.44a.
GRANTS
Sec. 1101. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 for grants to communities - federal oil, gas, and timber payments and that do not require additional state matching funds are appropriated for the purposes intended. By November 30, 2006, the department shall report to the senate and house appropriations subcommittees on natural resources, the senate and house fiscal agencies, and the state budget director on all amounts appropriated under this section during the fiscal year ending September 30, 2006.
Sec. 1102. The use of federal funding received by the state from the land and water conservation fund and appropriated in part 1 shall be coordinated with state grants to local units of government from the Michigan natural resources trust fund. The coordination of the 2 funding sources shall be conducted in a manner that minimizes the total matching funds required from local units of government for local land acquisition or recreational development projects.
Sec. 1103. Subject to part 811 of the natural resources and environmental protection act, 1994 PA 451, MCL324.81101 to 324.81150, from the funds appropriated in part 1 for off-road vehicle trail improvement grants, not less than $980,000.00 shall be spent on the development of new trails in accordance with the off-road vehicle trail expansion plan submitted to the legislature pursuant to section 807 of article 14 of 2005 PA 154.
Sec. 1104. The appropriation in part 1 for federal - land and water conservation fund payments includes $500,000.00 for the Cascades Park in Jackson County.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor