SB-0578, As Passed House, March 25, 2010

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 578

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding sections 72114 and 72115.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 72114. (1) Within 1 year after receiving recommendations

from the advisory council under subsection (4), the department

shall establish a plan for a statewide trail network that includes

Michigan trailways, pack and saddle trailways, and other

recreational use trails. The plan for a statewide trail network

shall be designed to accommodate a variety of public recreation

uses and shall specify the types of uses that are allowed on each

trail segment. The plan for a statewide trail network shall be in

conformance with section 72115 and the determinations made under

section 72115. Prior to the department establishing the plan for a

statewide trail network, the commission shall hold a public meeting

to receive testimony from the general public.

(2) After the plan for a statewide trail network is

established under subsection (1), if the department is informed

that additional trails should be added to the plan or that uses on

particular trail segments should be modified, the department may

modify the plan to include additional trails or to modify the uses

on particular trails. However, any modifications shall be in

conformance with section 72115 and determinations made under

section 72115.

(3) Upon establishment of a plan for a statewide trail network

under subsection (1), the department shall make the plan available

on the department's website. If the department modifies the plan

for a statewide trail network, the department shall make the

updated plan available on the department's website.

(4) Within 1 year after receiving recommendations from the

equine trailways subcommittee under section 72110a, the advisory

council shall review recommendations from the equine trailways

subcommittee as well as other interested trailway users and shall

make recommendations to the department for the establishment of a

plan for a statewide trail network. If the advisory council does

not submit recommendations to the department as provided for in

this subsection, within 2 years after the effective date of the

amendatory act that added this section, the department shall review

the recommendations of the equine trailways subcommittee under

section 72110a and recommendations of other interested trail users

and shall establish a plan for a statewide trail network as

provided for in subsection (1).

Sec. 72115. (1) Subject to subsections (2) and (3), pack and

saddle animals shall be allowed to access pack and saddle trailways

on public land managed by the department as follows:

(a) Access on land of the state forest system is allowed

unless restricted by statute, deed restriction, land use order, or

other legal mechanism, in effect on the effective date of the

amendatory act that added this section.

(b) Access on land of the state park system or state game area

system is prohibited unless authorized by land use order or other

legal mechanism in effect on the effective date of the amendatory

act that added this section.

according to the specific authorization or restriction applicable

to the land.

(2) Access by pack and saddle animals may only be restricted

on lands described in subsection (1) after the effective date of

the amendatory act that added this section if conditions are not

suitable for pack and saddle animals because of public safety

concerns, necessary maintenance, or for reasons related to the

mission of the department. Restrictions related to the mission of

the department shall be supported, to the greatest extent

practicable, by a written science-based rationale that is supported

with documentation that is made available to the public. Prior to

determining that access by pack and saddle animals be restricted,

the department shall make every effort to resolve any public safety

or maintenance concerns. Subject to subsection (3), the department

shall not restrict pack and saddle animals from lands described in

subsection (1) unless all of the following conditions are met:

(a) The commission, upon request of the department, holds a

public meeting on a proposal to restrict access by pack and saddle

animals on pack and saddle trailways to receive testimony from the

general public. The commission shall invite the advisory council,

the equine trailways subcommittee created in section 72110a, and

the Michigan horse council to attend the meeting.

(b) The department, after considering testimony at the

commission meeting under subdivision (a), provides a specific

rationale for its determination to restrict access by pack and

saddle animals.

and saddle animals shall not take effect for a period of time set

by the department, but not less than 60 days. However, if the

director determines that a restriction must be imposed because of

user conflicts or due to an imminent threat to public health,

safety, welfare, or to natural resources or the environment, the

director may issue a temporary order restricting access by pack and

saddle animals for 30 days or until the threat or user conflict is

abated. A temporary order under this subdivision may be reissued if

the threat or user conflict persists.

(d) A written statement shall be posted at the trailhead in

which the restriction is imposed stating the cause and estimated

duration of the closure.

(e) A list of pack and saddle trailways on which the

department has restricted access for pack and saddle animals,

including temporary orders, shall be posted on the department's

website and notification shall be provided to the equine trailways

subcommittee created in section 72110a.

(3) Any restrictions described in subsection (1) on access by

pack and saddle animals that were in effect on the effective date

of the amendatory act that added this section shall remain in

effect until those restrictions are reviewed using the process

outlined in subsection (2). For the following areas, the department

shall review the restrictions on access by pack and saddle animals

previously imposed by the department according to the following

timelines:

(a) Not later than June 15, 2010, the Pigeon river country

state forest.

(b) Not later than January 1, 2011, the Lapeer state game area

and the Gladwin field trial area.

area and the Blueberry Ridge pathway.

(4) A person shall not use pack and saddle animals on state

owned land except on pack and saddle trailways that are open for

access by pack and saddle animals.

Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4610 of the 95th Legislature is enacted into

law.