May 26, 2011, Introduced by Reps. MacMaster and Foster and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 504, 72101, 72102, 72110a, 72114, and 72115
(MCL 324.504, 324.72101, 324.72102, 324.72110a, 324.72114, and
324.72115), section 504 as amended by 2009 PA 47, sections 72101
and 72102 as amended and section 72110a as added by 2010 PA 46, and
sections 72114 and 72115 as added by 2010 PA 45.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 504. (1) The department shall promulgate rules to protect
and preserve lands and other property under its control from
depredation, damage, or destruction or wrongful or improper use or
occupancy.
(2) Subject to subsection (4), the department shall do all of
the following:
(a) Keep land under its control open to hunting unless the
department determines that the land should be closed to hunting
because of public safety, fish or wildlife management, or homeland
security concerns or as otherwise required by law.
(b) Manage land under its control to support and promote
hunting opportunities to the extent authorized by law.
(c) Manage land under its control to prevent any net decrease
in the acreage of such land that is open to hunting.
(3)
Subject to subsection (4), by April 1
, 2010 and each
year, thereafter,
the department shall submit to the legislature a
report that includes all of the following:
(a) The location and acreage of land under its control
previously open to hunting that the department closed to hunting
during the 1-year period ending the preceding March 1, together
with the reasons for the closure.
(b) The location and acreage of land under its control
previously closed to hunting that the department opened to hunting
during the 1-year period ending the preceding March 1 to compensate
for land closed to hunting under subdivision (a).
(4) Subsections (2) and (3) do not apply to commercial
forestland as defined in section 51101.
(5) This section does not authorize the department to
promulgate a rule that applies to commercial fishing except as
otherwise provided by law.
(6) The department shall not promulgate or enforce a rule that
prohibits an individual who is licensed or exempt from licensure
under 1927 PA 372, MCL 28.421 to 28.435, from carrying a pistol in
compliance with that act, whether concealed or otherwise, on
property under the control of the department.
(7) The department shall issue orders necessary to implement
rules promulgated under this section. These orders shall be
effective upon posting. However, the department shall not issue or
enforce an order under this section that restricts the use of pack
and saddle animals on pack and saddle trailways as defined in
section 72101.
(8) A person who violates a rule promulgated under this
section or an order issued under this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
Sec. 72101. As used in this part:
(a) "Advisory council" means the Michigan snowmobile and
trails advisory council created in section 72110.
(b) "Council" means a Michigan trailway management council
established pursuant to section 72106.
(c) "Department" means the department of natural resources.
and
environment.
(d) "Equine access locations" means open access roads,
management roads, forestry access roads, 2-track and single-track
trails that are not wildlife paths, staging areas for pack and
saddle animals to be dropped off or picked up, and associated
wilderness campsites.
(e) "Fund" means the Michigan trailways fund created in
section 72109.
(f) "Governmental agency" means the federal government, a
county, city, village, or township, or a combination of any of
these entities.
(g) "Michigan trailway" means a trailway designated by the
commission pursuant to section 72103.
(h)
"Pack and saddle trailways" means trailways trails and
equine
access locations that may be currently
are or at any time
previously were used by pack and saddle animals.
(i) "Rail-trail" means a former railroad bed that is in public
ownership and used as a trailway at any time.
(j) "Trail" means a right-of-way adapted to foot, horseback,
motorized, or other nonmotorized travel.
(k) "Trailway" means a trail or other land corridor that
features a broad trail capable of accommodating a variety of public
recreation uses.
Sec.
72102. The legislature finds and declares: that a
(a) A statewide system of trails, trailways, and pack and
saddle trailways will provide for public enjoyment, health, and
fitness; encourage constructive leisure-time activities; protect
open space, cultural and historical resources, and habitat for
wildlife and plants; enhance the local and state economies; link
communities, parks, and natural resources; create opportunities for
rural-urban exchange, agricultural education, and the marketing of
farm products; and preserve corridors for possible future use for
other public purposes. Therefore, the planning, acquisition,
development, operation, and maintenance of trails, trailways, and
pack and saddle trailways are in the best interest of the state and
are declared to be a public purpose.
(b) In providing and developing facilities for outdoor
recreation under sections 503 and 70301, the use of trails,
trailways, and pack and saddle trailways by pack and saddle animals
and other nonmotorized users is an allowed recreational use and is
permitted under chapter 21 of part 522 of the services manual of
the federal fish and wildlife service.
Sec. 72110a. (1) The equine trailways subcommittee is created
as a subcommittee of the advisory council. The department may
provide staffing and administrative support to the equine trailways
subcommittee. The equine trailways subcommittee may also be staffed
and funded by user groups and other interested persons.
(2) Subject to subsection (3), the equine trailways
subcommittee shall consist of the following members appointed by
the director of the department:
(a) One individual representing the state's tourism industry.
(b) Five individuals representing the equine industry as
follows:
(i) One individual from the Upper Peninsula.
(ii) One individual from the northern Lower Peninsula.
(iii) One individual from the central Lower Peninsula.
(iv) One individual from the southeastern Lower Peninsula.
(v) One individual from the southwestern Lower Peninsula.
(3) The senate majority leader and the speaker of the house of
representatives shall each submit a list of 3 persons to the
director of the department. The director shall appoint at least 1
person from each of those lists to the equine trailways
subcommittee.
The members first appointed to the equine trailways
subcommittee
shall be appointed within 60 days after the effective
date
of the amendatory act that added this section.
(4) Members of the equine trailways subcommittee shall serve
for terms of 4 years or until a successor is appointed, whichever
is later, except that of the members first appointed 2 shall serve
for 2 years, 2 shall serve for 3 years, and 2 shall serve for 4
years.
(5) If a vacancy occurs on the equine trailways subcommittee,
an appointment for the unexpired term shall be made in the same
manner as the original appointment.
(6) A member of the equine trailways subcommittee may be
removed
for incompetency incompetence, dereliction of duty,
malfeasance, misfeasance, or nonfeasance in office, or any other
good cause.
(7) The first meeting of the equine trailways subcommittee
shall be called by the department within 30 days after the
appointments have been made. At the first meeting, the equine
trailways subcommittee shall elect from among its members a
chairperson and other officers as it considers necessary or
appropriate. After the first meeting, the equine trailways
subcommittee shall meet at least quarterly, or more frequently at
the call of the chairperson or if requested by 3 or more members.
(8) A majority of the members of the equine trailways
subcommittee constitute a quorum for the transaction of business at
a meeting of the equine trailways subcommittee. A majority of the
members present and serving are required for official action of the
equine trailways subcommittee.
(9) The business that the equine trailways subcommittee may
perform shall be conducted at a public meeting of the equine
trailways subcommittee held in compliance with the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the equine trailways subcommittee in the performance of
an official function is subject to the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(11) Members of the equine trailways subcommittee shall serve
without compensation. However, subject to the availability of
funding, members of the equine trailways subcommittee may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the equine
trailways subcommittee.
(12) The equine trailways subcommittee shall do all of the
following:
(a) Within 1 year after the appointment of its initial
members, prepare and submit to the advisory council a recommended
plan for a statewide network of pack and saddle trailways. The
recommended plan for a statewide pack and saddle trailways network
shall include both of the following:
(i) All pack and saddle trailways on state-owned land that have
previously been open for use by pack and saddle animals at any time
and that the equine trailways subcommittee determines are
appropriate for pack and saddle trailways.
(ii) All additional state lands that the equine trailways
subcommittee determines would be appropriate for pack and saddle
animals and would contribute to a statewide network of pack and
saddle trailways.
(b) Advise the advisory council and the department on the
development and use of the pack and saddle trailways network.
(c) Advise the advisory council and the department on other
matters related to the promotion of the state's equine industry.
(d)
Advise the advisory council and the department on funding
to
conduct pack and saddle trailway reviews under section 72115 and
to
provide for the reopening of
previously closed pack and saddle
trailways, the preservation of existing pack and saddle trailways,
and the development of new pack and saddle trailways across the
state.
(13) If the equine trailways subcommittee is not appointed as
provided
for in this section, the department shall, within 2 years
after
the effective date of the amendatory act that added this
section
not later than April 2, 2012, work with the equine industry
to develop a plan for a statewide network of pack and saddle
trailways.
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 and trailways. 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 trail 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 not
later than April 2,
2012, 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 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.
(c)
Access on other land managed by the department is allowed
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.
(c)
Any decision by the department to restrict access by pack
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.
(c)
Not later than January 1, 2012, the Lost Nation state game
area
and the Blueberry Ridge pathway.
(2) (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.