September 19, 2012, Introduced by Senators CASPERSON and BOOHER and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 501 and 503 (MCL 324.501 and 324.503), section
503 as amended by 2012 PA 294.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 501. (1) A department of natural resources for this state
is created which shall possess the powers and perform the duties
granted and imposed by this act and as otherwise provided by law.
(2)
The commission of natural resources commission is created.
as
the head of the department of natural resources and may
establish
general policies related to natural resources management
and
environmental protection for the guidance of the director. In
addition,
the The commission has appellate authority as provided in
section 1101. The commission shall be composed of 7 members, not
more than 4 of whom shall be members of the same political party,
appointed by the governor by and with the advice and consent of the
senate. A member of the commission shall be selected with special
reference to that person's training and experience related to at
least 1 of the principal lines of activities vested in the
department of natural resources and the ability and fitness of that
person to deal with those activities. The term of office of each
member of the commission shall be 4 years. An individual is not
eligible to serve more than 2 terms on the commission. An
individual who serves more than 2 years of a term shall be
considered to have served a full term. An individual serving in a
third or subsequent term on the commission when the amendatory act
adding this 2-term limitation takes effect may continue to serve
for the balance of his or her term. The governor shall fill a
vacancy occurring in the membership of the commission and may
remove a member of the commission for cause after a hearing. Each
member of the commission shall hold office until the appointment
and qualification of that member's successor.
(3) The commission, within 30 days after having qualified and
annually after that time, shall meet at its office in Lansing and
organize by appointing a secretary, who need not be a member of the
commission. The governor shall appoint a chairperson of the
commission
from among its members. , who The
chairperson shall
serve as chairperson at the pleasure of the governor. Four members
of the commission constitute a quorum for the transaction of
business. The business which the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with
the open meetings act, Act No. 267 of the Public Acts of 1976,
being
sections 15.261 to 15.275 of the Michigan Compiled Laws. 1976
PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and
place
of the meeting shall be given in the manner required by Act
No.
267 of the Public Acts of 1976. that
act. A meeting may be
called by the chairperson and shall be called on request of a
majority
of the members of the commission. A meeting Meetings may
be held as often as necessary and at other places than the
commissioners' offices at Lansing. The commission shall meet at
least once each month.
(4)
The commission shall appoint and employ a director who
shall
continue in office at the pleasure of the commission. The
commission shall advise the director of the department of natural
resources on matters related to natural resources and conservation.
The director of the department of natural resources shall be
appointed by the governor and shall serve at the pleasure of the
governor. The director shall appoint 1 or more deputy directors and
other assistants and employees as are necessary to implement this
part and any other law of this state affecting the powers and
duties of the department of natural resources. A person to whom the
director has lawfully delegated decision making authority in
writing may perform a duty or exercise a power conferred by law
upon the department at the time and to the extent the duty and
power is delegated to that person by the director. When a vacancy
in the office of director occurs, or the director is unable to
perform the director's duties or is absent from the state, the
powers and duties of the director as prescribed by law shall be
imposed on and transferred to a deputy director until the vacancy
is filled or the director's inability or absence from the state
ceases.
(5) The compensation of the deputy directors, the assistants,
and the employees and the number of assistants and employees shall
be subject to the approval of the state administrative board. The
members of the commission shall not receive compensation under this
part, but each member and the other officers and employees of the
department
of natural resources shall be are
entitled to reasonable
expenses while traveling in the performance of their duties
prescribed by this act. The salaries and expenses authorized under
this act shall be paid out of the state treasury in the same manner
as the salaries of other state officers and employees are paid. The
department of technology, management, and budget shall furnish
suitable
offices and office equipment, at in Lansing, for the use
of the department of natural resources. Each member of the
commission and the director shall qualify by taking and subscribing
to the constitutional oath of office and by filing it in the office
of the secretary of state.
Sec. 503. (1) The department shall protect and conserve the
natural resources of this state while maximizing natural resource
based economic activity and recreational opportunities on land
owned or controlled by the department; provide and develop
facilities for outdoor recreation; prevent the destruction of
timber and other forest growth by fire or otherwise; promote the
reforesting of forestlands belonging to this state; prevent and
guard against the pollution of lakes and streams within this state
and enforce all laws provided for that purpose with all authority
granted by law; and foster and encourage the protection and
propagation of game and fish.
(2) The department has the power and jurisdiction over the
management, control, and disposition of all land under the public
domain, except for those lands under the public domain that are
managed by other state agencies to carry out their assigned duties
and responsibilities. On behalf of the people of this state, the
department may accept gifts and grants of land and other property
and may buy, sell, exchange, or condemn land and other property,
for any of the purposes of this part. Beginning September 30, 2012,
the department shall not acquire surface rights to land unless the
department has estimated the amount of annual payments in lieu of
taxes on the land, posted the estimated payments on its website for
at least 30 days, and notified the affected local units of the
estimated payments at least 30 days before the acquisition.
(3) Before May 1, 2015, the department shall not acquire
surface rights to land if the department owns, or as a result of
the acquisition will own, the surface rights to more than 4,626,000
acres of land.
(4) Beginning May 1, 2015, the department shall not acquire
surface rights to land north of the Mason-Arenac line if the
department owns, or as a result of the acquisition will own, the
surface rights to more than 3,910,000 acres of land north of the
Mason-Arenac line. This subsection does not apply after the
enactment of legislation adopting the strategic plan.
(5) For the purposes of subsections (3) and (4), the number of
acres of land in which the department owns surface rights does not
include any of the following:
(a) Land in which the department has a conservation easement.
(b) Land platted under the land division act, 1967 PA 288, MCL
560.101 to 560.293, or a predecessor act before July 2, 2012 if
acquired by the department before July 2, 2012.
(c) Any of the following if acquired on or after July 2, 2012:
(i) Land with an area of not more than 80 acres, or a right-of-
way, for accessing other land owned by the department.
(ii) A trail, subject to all of the following:
(A) If the traveled portion of the trail is located within an
abandoned railroad right-of-way, the land excluded is limited to
the abandoned railroad right-of-way.
(B) If the traveled portion of the trail is located in a
utility easement, the land excluded is limited to the utility
easement.
(C) If sub-subparagraphs (A) and (B) do not apply, the land
excluded is limited to the traveled portion of the trail and
contiguous land. The area of the contiguous land shall not exceed
the product of 100 feet multiplied by the length of the trail in
feet.
(iii) Land that, on July 2, 2012 was commercial forestland as
defined in section 51101 if the land continues to be used in a
manner consistent with part 511.
(iv) Land acquired by the department by gift, including the
gift of funds specifically dedicated to land acquisition.
(v) Land acquired by the department through litigation.
(6) The department shall maintain a record of land as
described in subsection (5)(a) to (c). The record shall include the
location, acreage, date of acquisition, and use of the land. The
department shall post and maintain on its website all of the
following information:
(a) The number of acres of land, including land as described
in
subsection (5), (5)(a) to
(c), in which the department owns
surface rights north of the Mason-Arenac line, south of the Mason-
Arenac line, in total for this state, and by program.
(b) The number of acres of land, excluding land as described
in
subsection (5), (5)(a) to
(c), in which the department owns
surface rights north of the Mason-Arenac line, south of the Mason-
Arenac line, in total for this state, and by program.
(7) By October 1, 2014, the department shall develop a written
strategic plan to guide the acquisition and disposition of state
lands managed by the department, submit the plan to the senate and
house committees with primary responsibility for natural resources
and outdoor recreation and the corresponding appropriation
subcommittees, and post the plan on the department's website. In
developing the plan, the department shall solicit input from the
public and local units of government.
(8) The strategic plan shall do all of the following:
(a) Divide this state into regions.
(b) Identify lands managed by the department in each region.
(c) Set forth for each region measurable strategic performance
goals with respect to all of the following for land managed by the
department:
(i) Maximizing availability of points of access to the land and
to bodies of water on or adjacent to the land.
(ii) Maximizing outdoor recreation opportunities.
(iii) Forests.
(iv) Wildlife and fisheries.
(d) To assist in achieving the goals set forth in the
strategic plan pursuant to subdivision (c), identify all of the
following:
(i) Land to be acquired.
(ii) Land to be disposed of.
(iii) Plans for natural resource management.
(e) To the extent feasible, identify public lands in each
region that are not managed by the department but affect the
achievement of the goals set forth in the strategic plan pursuant
to subdivision (c).
(f) Identify ways that the department can better coordinate
the achievement of the goals set forth in the strategic plan
pursuant to subdivision (c), recognizing that public lands are
subject to multiple uses and both motorized and nonmotorized uses.
(9) The department shall not implement the strategic plan as
it applies to land north of the Mason-Arenac line. This subsection
does not apply after the enactment of legislation adopting the
strategic plan.
(10) The department shall annually report on the
implementation of the plan and submit and post the report in the
manner provided in subsection (7).
(11) Beginning July 2, 2020 and every 6 years thereafter, the
department shall update the strategic plan and submit and post the
updated plan in the manner provided in subsection (7). At least 60
days before posting the updated plan, the department shall prepare,
submit, and post in the manner provided in subsection (7) a report
on progress toward the goals set forth pursuant to subsection
(8)(c) in portions of this state where, subject to subsection (9),
the plan is being implemented and any proposed changes to the
goals, including the rationale for the changes. The submittal and
posting shall include department contact information for persons
who wish to comment on the report.
(12) At least 30 days before acquiring or disposing of land,
the department shall submit to the senate and house committees with
primary responsibility for natural resources and outdoor recreation
and the corresponding appropriations subcommittees a statement
identifying the land and describing the effect of the proposed
transaction on achieving the goals set forth in the strategic plan
pursuant to subsection (8)(c). The statement shall include
department contact information for persons who wish to comment on
the acquisition or disposition and be in a standard format. The
department shall also post the statement on its website for at
least 30 days before the acquisition or disposition. This
subsection does not apply before the department submits the
strategic plan to legislative committees as required under
subsection (7).
(13) The department may accept funds, money, or grants for
development of salmon and steelhead trout fishing in this state
from the government of the United States, or any of its departments
or agencies, pursuant to the anadromous fish conservation act, 16
USC 757a to 757f, and may use this money in accordance with the
terms and provisions of that act. However, the acceptance and use
of federal funds does not commit state funds and does not place an
obligation upon the legislature to continue the purposes for which
the funds are made available.
(14) The department may appoint persons to serve as volunteers
for the purpose of facilitating the responsibilities of the
department as provided in this part. Subject to the direction of
the department, a volunteer may use equipment and machinery
necessary for the volunteer service, including, but not limited to,
equipment and machinery to improve wildlife habitat on state game
areas.
(15) The department may lease lands owned or controlled by the
department or may grant concessions on lands owned or controlled by
the department to any person for any purpose that the department
determines to be necessary to implement this part. In granting a
concession, the department shall provide that each concession is
awarded at least every 7 years based on extension, renegotiation,
or competitive bidding. However, if the department determines that
a concession requires a capital investment in which reasonable
financing or amortization necessitates a longer term, the
department may grant a concession for up to a 15-year term. A
concession granted under this subsection shall require, unless the
department authorizes otherwise, that all buildings and equipment
shall
be removed at the end of the
concession's term. Any lease
entered into under this subsection shall limit the purposes for
which the leased land is to be used and shall authorize the
department to terminate the lease upon a finding that the land is
being used for purposes other than those permitted in the lease.
Unless otherwise provided by law, money received from a lease or a
concession of tax reverted land shall be credited to the fund
providing financial support for the management of the leased land.
Money received from a lease of all other land shall be credited to
the fund from which the land was purchased. However, money received
from program-related leases on these lands shall be credited to the
fund providing financial support for the management of the leased
lands. For land managed by the forest management division of the
department, that fund is either the forest development fund
established pursuant to section 50507 or the forest recreation
account of the Michigan conservation and recreation legacy fund
provided for in section 2005. For land managed by the wildlife or
fisheries division of the department, that fund is the game and
fish protection account of the Michigan conservation and recreation
legacy fund provided for in section 2010.
(16) When the department sells land, the deed by which the
land is conveyed may reserve all mineral, coal, oil, and gas rights
to this state only when the land is in production or is leased or
permitted for production, or when the department determines that
the land has unusual or sensitive environmental features or that it
is in the best interest of this state to reserve those rights as
determined by commission policy. However, the department shall not
reserve the rights to sand, gravel, clay, or other nonmetallic
minerals. When the department sells land that contains subsurface
rights, the department shall include a deed restriction that
restricts the subsurface rights from being severed from the surface
rights in the future. If the landowner severs the subsurface rights
from the surface rights, the subsurface rights revert to this
state. The deed may reserve to this state the right of ingress and
egress over and across land along watercourses and streams.
Whenever an exchange of land is made with the United States
government, a corporation, or an individual for the purpose of
consolidating the state forest reserves, the department may issue
deeds without reserving to this state the mineral, coal, oil, and
gas rights and the rights of ingress and egress. The department may
sell the limestone, sand, gravel, or other nonmetallic minerals.
However, the department shall not sell a mineral or nonmetallic
mineral right if the sale would violate part 353, part 637, or any
other provision of law. The department may sell all reserved
mineral, coal, oil, and gas rights to such lands upon terms and
conditions as the department considers proper and may sell oil and
gas rights as provided in part 610. The owner of those lands as
shown by the records shall be given priority in case the department
authorizes any sale of those lands, and, unless the landowner
waives that priority, the department shall not sell such rights to
any other person. For the purpose of this section, mineral rights
do not include rights to sand, gravel, clay, or other nonmetallic
minerals.
(17) The department may enter into contracts for the sale of
the economic share of royalty interests it holds in hydrocarbons
produced from devonian or antrim shale qualifying for the
nonconventional source production credit determined under section
45k of the internal revenue code of 1986, 26 USC 45k. However, in
entering
into these contracts, the department shall assure ensure
that revenues to the natural resources trust fund or other
applicable fund as provided by law under these contracts are not
less than the revenues the natural resources trust fund or other
applicable fund as provided by law would have received if the
contracts were not entered into. The sale of the economic share of
royalty interests under this subsection may occur under contractual
terms and conditions considered appropriate by the department and
as approved by the state administrative board. Funds received from
the sale of the economic share of royalty interests under this
subsection shall be transmitted to the state treasurer for deposit
in the state treasury as follows:
(a) Net proceeds allocable to the nonconventional source
production credit determined under section 45k of the internal
revenue code of 1986, 26 USC 45k, under this subsection shall be
credited to the environmental protection fund created in section
503a.
(b) Proceeds related to the production of oil or gas from
devonian or antrim shale shall be credited to the natural resources
trust fund or other applicable fund as provided by law.
(18) As used in this section:
(a) "Concession" means an agreement between the department and
a person under terms and conditions as specified by the department
to provide services or recreational opportunities for public use.
(b) "Lease" means a conveyance by the department to a person
of a portion of this state's interest in land under specific terms
and for valuable consideration, thereby granting to the lessee the
possession of that portion conveyed during the period stipulated.
(c) "Mason-Arenac line" means the line formed by the north
boundaries of Mason, Lake, Osceola, Clare, Gladwin, and Arenac
counties.
(d) "Natural resources trust fund" means the Michigan natural
resources trust fund established in section 35 of article IX of the
state constitution of 1963 and provided for in section 1902.
(e) "Net proceeds" means the total receipts received from the
sale of royalty interests under subsection (17) less costs related
to the sale. Costs may include, but are not limited to, legal,
financial advisory, geological or reserve studies, and accounting
services.
(f) "Strategic plan" or "plan" means the plan developed under
subsection (7).