November 10, 2011, Introduced by Rep. 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 72114 and 72115 (MCL 324.72114 and 324.72115),
as added by 2010 PA 45.
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 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. The plan for a statewide trail network shall assure
that there will not be a cumulative net loss of pack and saddle
trailways on state-owned lands from the number of pack and saddle
trailways and the amount of trailway miles that existed on pack and
saddle trailways on the effective date of the 2011 amendatory act
that amended this section. 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 Any
modifications to the
statewide trail network shall be in conformance with section 72115
and determinations made under section 72115. In addition, by
January 1, 2022, the department shall modify the plan for a
statewide trail network to increase the number of trailway miles
for pack and saddle trailways by at least 15% from the number of
trailway miles that existed on the effective date of the 2011
amendatory act that amended this section.
(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. The department
shall include on the website the trail rating for pack and saddle
trailways as provided for in section 72115.
(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 April
2, 2010.
(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 April
2, 2010.
(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 April 2, 2010, 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.
(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.
(5) The commission shall establish criteria for a rating
system to evaluate the conditions of pack and saddle trailways. The
rating system shall provide for an "excellent" rating, a "good"
rating, and a rating for pack and saddle trailways that do not
satisfy criteria for designation as being in excellent or good
condition. Upon adoption of criteria for a rating system for pack
and saddle trailways under this subsection, the commission shall
submit a report to the legislature that describes the criteria, the
rating system, and a rationale for the determinations of the
commission. The commission shall annually review the rating system
adopted under this subsection, and if it updates the rating system,
the commission shall submit a report to the legislature that
describes the updated criteria, the rating system, and the
rationale for the updated rating system.
(6) Upon adoption of criteria for a rating system to evaluate
the conditions of pack and saddle trailways or upon the update of
criteria, the department shall, using the criteria, evaluate the
conditions of all pack and saddle trailways on state-owned lands
and provide a rating for those pack and saddle trailways. If
conditions at pack and saddle trailways are not rated as excellent
or good, the department shall, within 2 years after originally
rating the trailways or within 2 years after the criteria have been
updated, make improvements to the pack and saddle trailways that
will result in a rating of excellent or good.