February 26, 2013, Introduced by Reps. Pettalia, LaFontaine, Victory, McBroom, Goike, Foster, Rendon and Potvin and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 9301, 9302, 9304, 9307, 9308, and 9310 (MCL
324.9301, 324.9302, 324.9304, 324.9307, 324.9308, and 324.9310),
sections 9301, 9302, 9304, 9308, and 9310 as amended by 1998 PA 463
and section 9307 as amended by 2004 PA 439, and by adding sections
51301, 51302, 51305, and 51306; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9301. As used in this part:
(a) "Agency of this state" includes the government of this
state and any subdivision, agency, or instrumentality, corporate or
otherwise, of the government of this state.
(b) "Board" or "conservation district board" means the
governing body of a conservation district.
(c) "Compliance assistance agent" means an individual who
provides technical assistance to individuals, organizations,
agencies, or others to aid them in complying with federal and state
laws and local conservation ordinances.
(d) "Conservation species" means those plant species
beneficial
for conservation practices as authorized included on the
list prepared under section 9304a by the conservation species
advisory panel.
(e) "Conservation species advisory panel" means the
conservation species advisory panel created in section 9304a.
(f) "Department" means the department of agriculture and rural
development.
(g) "Director" means 1 of the members of the conservation
district board, elected or appointed in accordance with this part.
(h) "District" or "conservation district" means a governmental
subdivision of this state, and a public body corporate and politic,
organized in accordance with this part, for the purposes, with the
powers, and subject to the restrictions set forth in this part.
(i) "Government" or "governmental" includes the government of
this state, the government of the United States, and any
subdivision, agency, or instrumentality, corporate or otherwise, of
either of them.
(j) "Landowner" includes any person who holds title to or has
contracted to purchase any land lying within a district organized
under this part or former 1937 PA 297.
(k) "Person" means an individual, partnership, or corporation.
(l) "Plant rescue" means to physically move native conservation
species of plants from 1 location in Michigan to another location
in Michigan for the purpose of reestablishing the native
conservation species.
(m) "Qualified forester" means that term as defined in section
51301.
(n) (m)
"Resident" means a person
who is of legal age to vote
and
can demonstrate residency in the district via with 1
piece of
identification.
(o) (n)
"State" means this state.
(p) (o)
"United States" or
"agencies of the United States"
includes the United States of America, the natural resources
conservation service of the United States department of
agriculture, and any other agency or instrumentality, corporate or
otherwise, of the United States of America.
Sec. 9302. It is the policy of the legislature to provide for
the conservation of the natural resources of the state, including
soil, water, farmland, forestland, and other natural resources, and
to provide for the control and prevention of soil erosion, and
thereby to conserve the natural resources of this state, control
floods, prevent impairment of dams and reservoirs, assist in
maintaining the navigability of rivers and harbors, preserve
wildlife, protect the tax base, protect public lands, and protect
and promote the health, safety, and general welfare of the people
of this state.
Sec. 9304. In addition to the other duties and powers
conferred upon the department under this part, the department has
the following duties and powers:
(a) To offer such assistance as may be appropriate to the
directors of conservation districts in implementing any of their
responsibilities under this part and as otherwise provided by law.
(b) To keep the directors of each of the districts informed of
the activities and experience of all other districts and to
facilitate
an interchange cooperation
and sharing of advice and
experience
between the districts. and cooperation between them.
(c) To approve and coordinate the programs of all conservation
districts.
(d) To secure the cooperation and assistance of the United
States and any of its agencies, and the state and any of its
agencies, in the work of the districts, and to formulate policies
and procedures as the department considers necessary for the
extension of aid in any form from federal or state agencies to the
districts.
(e) To disseminate information throughout the state concerning
the activities and programs of the conservation districts and to
encourage the formation of districts in areas where their
organization is desirable.
(f) To review district budgets and financial information,
including audit reports.
Sec. 9307. (1) A conservation district board shall consist of
5
directors. , elected or appointed as provided in this part. The
directors shall designate a chairperson annually.
(2) The term of office of each director shall be 4 years. All
directors shall be elected at an annual meeting by residents of the
district. The election shall be nonpartisan and the directors shall
be elected by the residents of the district at large. At least 60
days prior to the annual meeting, a candidate for conservation
district
director must shall file at the conservation district
office a petition signed by 5 residents of the district. A
candidate must be a resident of the district. The annual meeting
shall be held at a date determined by the board of directors of the
district. Notice of the annual meeting shall be published in the
official newspaper of record for the area in which the district is
located at least 45 days prior to the date of the annual meeting.
This notice shall include the date, time, and location of the
annual meeting, an agenda of items to be considered at the meeting,
and a list of all candidates for directors of the conservation
district. A resident of a district who is unable to attend the
annual meeting may vote for the directors of the conservation
district by absentee ballot as follows:
(a) In person at the conservation district office, during
regular business hours of the conservation district office, at any
time after publication of the notice and prior to the annual
meeting.
(b) By mail received at the conservation district office at
any time after publication of the notice and prior to the annual
meeting.
(3) Director elections shall be certified by the department. A
director shall hold office until a successor has been elected and
qualified. Vacancies shall be filled by appointment by the board
until the next annual meeting.
(4) A majority of the directors constitutes a quorum, and the
concurrence of a majority in any matter within their duties is
required for its determination. A director is entitled to expenses,
including traveling expenses necessarily incurred in the discharge
of his or her duties. A director may be paid a per diem for time
spent undertaking his or her duties as a director in an amount not
to exceed the per diem paid to a member of the commission of
agriculture and rural development.
(5)
The directors A
conservation district board may employ
a
secretary, technical experts, and such other officers, agents, and
employees,
permanent and temporary, as they the board may require,
and shall determine their qualifications, duties, and compensation.
The
directors may A board shall call upon the attorney general of
the
state for legal services as they the board may require. The
directors
A board may delegate to their its chairperson,
to 1 or
more directors, or to 1 or more agents or employees any powers and
duties
that they consider the
board considers proper. The
directors
A board shall furnish to the department, upon request, copies of
ordinances, rules, regulations, orders, contracts, forms, and other
documents
that they adopt or employ, the
board adopts or utilizes
and
any other information concerning their the board's activities
that the department may require in the performance of its duties
under this part.
(6)
The directors A
conservation district board shall do
all
of the following:
(a) Provide for the execution of surety bonds for all
conservation district employees and officers who are entrusted with
funds or property.
(b) Provide for the keeping of a full and accurate record of
all proceedings and of all resolutions, regulations, and orders
issued or adopted.
(c) Determine the fiscal year of the district.
(7) To be eligible for a grant of $50,000.00 or more from the
department, a conservation district shall do all of the following:
(a) Annually submit to the department a budget setting forth
the purpose and amount of the expenses expected to be incurred and
the source and amount of revenue expected to be received during the
ensuing fiscal year.
(b) Maintain accurate financial records of receipts and
disbursements and uniform accounting in accordance with generally
accepted accounting principles under procedures prescribed by the
department.
(c) (d)
Provide for an annual a biennial independent certified
audit
by a certified public accountant of the accounts of receipts
and
disbursements.financial
records, accounts, and procedures of
the district. The audit report shall show profits and losses and
the financial condition of the district.
(e)
Maintain accurate financial records of receipts and
disbursements
of state funds, which records shall be made available
to
the department.
(d) Agree to comply with subsection (8), and agree to return
any grant funds received if subsection (8) is violated.
(8) A professional forester employed under a grant described
in subsection (7) shall not use his or her position to do either or
both of the following:
(a) Compete with a private sector business.
(b) Develop a client base for forestry consultation during
hours when he or she is not employed by the conservation district.
(9) The department may promulgate rules to implement
subsection (7). However, rules promulgated under this subsection
shall remain in effect not later than 3 years after the effective
date of the 2013 amendatory act that amended this section.
(10) A conservation district board is responsible for the
exercise of the powers and the performance of the duties of a
conservation district under this part.
(11) (7)
Any director may be removed by the
department upon
notice and hearing for neglect of duty or malfeasance in office,
but for no other reason.
(12) (8)
The directors A conservation
district board may
invite the legislative body of any municipality or county located
near the territory comprised within the district to designate a
representative
to advise and consult with the directors of the
district
board on all questions of program and policy that may
affect the property, water supply, or other interests of the
municipality or county.
Sec. 9308. (1) A conservation district organized under this
part constitutes a governmental subdivision of this state and a
public body corporate and politic, exercising public powers, and a
conservation
district and the conservation district's district
board has all of the following powers, in addition to powers
otherwise granted in this part:
(a) To conduct surveys, investigations, and research relating
to the conservation of farmland, forestland, and natural resources,
to publish the results of the surveys, investigations, or research,
and to disseminate that information upon obtaining the consent of
the landowner or the necessary rights or interest in the lands. In
order to avoid duplication of research activities, a district shall
not initiate any research program except in cooperation with the
government of this state or any of its agencies or with the United
States. or
any of its agencies.
(b) To conduct demonstrational projects within the district on
lands owned or controlled by this state or any of its agencies,
with the cooperation of the agency administering and having
jurisdiction of the lands, and on any other lands within the
district upon obtaining the consent of the owner of the lands or
the
necessary rights or interest in the lands, in order to
demonstrate by example the means, methods, and measures by which
farmland, forestland, and natural resources may be conserved and
soil erosion in the form of soil blowing and soil washing may be
prevented and controlled.
(c) To carry out preventive and control measures within the
district including, but not limited to, engineering operations,
methods of cultivation, the growing of vegetation, changes in use
of land, and other measures to achieve purposes listed in
declaration of policy, on lands owned or controlled by this state
or any of its agencies, with the cooperation of the agency
administering and having jurisdiction of the lands, and on any
other lands within the district upon obtaining the consent of the
landowners or the necessary rights or interests in the lands.
(d) To cooperate or enter into agreements with and, within the
limits of appropriations made available to it by law, to furnish
financial or other aid to any agency, governmental or otherwise, or
any landowner within the district or his or her designated
representative, in the conducting of erosion-control and prevention
operations within the district, subject to conditions as the
directors consider necessary to advance the purposes of this part.
(e) To obtain options upon and to acquire, by purchase,
exchange, lease, gift, grant, bequest, devise, or otherwise, any
property,
real or personal, or rights or interests in that
property; to maintain, administer, and improve any properties
acquired, to receive income from the properties, and to expend
income in carrying out the purposes and provisions of this part;
and to sell, lease, or otherwise dispose of any of its property or
interests in property in furtherance of the purposes and provisions
of this part.
(f) To make available, on the terms it prescribes, to
landowners or their designated representatives within the district
and
to other conservation districts, in Michigan, agricultural and
engineering machinery and equipment, fertilizer, seeds, and
seedlings,
and other material or equipment as that will assist
landowners or their designated representatives to carry on
operations upon their lands for the conservation of farmland,
forestland, and natural resources and for the prevention and
control of soil erosion.
(g) To engage in plant rescue operations and to propagate,
plant, harvest, and, subject to section 9304a, sell only
conservation
species. on the list established in section 9304a. A
conservation district that violates this subdivision is subject to
a civil fine of not more than $100.00 per day of violation. An
action to enforce this subdivision may be brought by the state or a
county in the circuit court for the county in which the
conservation district is located or in which the violation
occurred.
(h) To provide technical assistance to other conservation
districts.
(i) To construct, improve, and maintain structures as may be
necessary or convenient for the performance of any of the
operations authorized in this part.
(j) To develop comprehensive plans for the conservation of
farmland, forestland, and natural resources and for the control and
prevention of soil erosion within the district or other
conservation districts. The plans shall specify, in such detail as
is possible, the acts, procedures, performances, and avoidances
that are necessary or desirable for the effectuation of the plans,
including the specification of engineering operations, methods of
cultivation, the growing of vegetation, cropping programs, tillage
practices, and changes in use of land; and to publish the plans and
information described in this subdivision and bring them to the
attention of residents of the district.
(k) To take over, by purchase, lease, or otherwise, and to
administer
any farmland, and forestland,
or natural resource
conservation project located within its boundaries undertaken by
the United States or any of its agencies or by this state or any of
its agencies; to manage, as agent of the United States or any of
its agencies or of this state or any of its agencies, any farmland,
and
forestland, or natural resource conservation project within its
boundaries; to act as agent for the United States or any of its
agencies or for this state or any of its agencies in connection
with the acquisition, construction, operation, or administration of
any
farmland, and forestland,
or natural resource conservation
project within its boundaries; to accept donations, gifts, and
contributions in money, services, materials, or otherwise, from the
United States or any of its agencies or from this state or any of
its agencies, and to use or expend the money, services, materials,
or other contributions in carrying on its operations; and to accept
money, gifts, and donations from any other source not specified in
this subdivision.
(l) To sue and be sued in the name of the district; to have a
seal that is judicially noticed; to have perpetual succession
unless terminated as provided in this part; to make and execute
contracts and other instruments necessary or convenient to the
exercise of its powers; and to make, and from time to time amend
and repeal, rules and regulations in a manner that is not
inconsistent with this part to carry into effect its purposes and
powers.
(m) To borrow money for facilities or equipment for
conservation purposes and pledge the assets of the district as
collateral against loans. Any money borrowed shall be solely the
obligation of the conservation district and not the obligation of
the state or any other public entity in the state.
(n) As a condition to the extension of any benefit under this
part to, or the performance of work upon, any lands not owned or
controlled by this state or any of its agencies, the directors may
require contributions in money, services, materials, or otherwise
to any operation conferring the benefits, and may require
landowners to enter into and perform agreements or covenants as to
the permanent use of the lands that will tend to prevent or control
erosion on those lands.
(o) To act as a compliance assistance agent for other federal,
state, and county laws.
(p) To act as the enforcing agency for a county if designated
under section 9105.
(q) To collaborate with the department in reviewing
applications for exemption as qualified forest property under
section 7jj of the general property tax act, 1893 PA 206, MCL
211.7jj[1].
(r) Subject to subsection (2), in cooperation with the
department, to evaluate nonindustrial private forestlands.
(s) Subject to subsection (3), to provide landowners any of
the following:
(i) Technical assistance regarding potential environmental,
ecological, and economic benefits of forestry, wildlife habitat,
and wetland development and restoration.
(ii) Contact information for qualified foresters.
(iii) Contact information for other forest resource
professionals that may have voluntarily provided information to the
department.
(2) Except as otherwise provided in this subsection, a
conservation district shall not develop management plans for
nonindustrial private forestlands. A district shall provide a
landowner upon request with a list of qualified foresters to
develop management plans. The list shall be developed and
maintained by the department. If requested by a landowner, the
conservation district shall post on its website notice that the
landowner is seeking forest management plan preparation; timber
harvesting, marketing, or thinning; or similar services. If, after
the notice is posted for at least 30 days on the conservation
district's website, a landowner is unable to identify a private
forester willing to develop a forest management plan, the
conservation district may, upon approval by the department, prepare
a forest management plan for the landowner.
(3) The exercise of powers under subsection (1)(s) does not
affect the regulatory authority of any state department.
(4) (2)
Unless authorized by the county
board of commissioners
of each county in which a conservation district is located, a
conservation district shall not enforce state or federal laws.
(5) (3)
Unless otherwise specifically
provided by law,
provisions with respect to the acquisition, operation, or
disposition of property by other public bodies are not applicable
to a district organized under this part.
Sec. 9310. (1) Agencies of this state that have jurisdiction
over, or are charged with the administration of, any state owned
lands, and agencies of any county or other governmental subdivision
of the state that have jurisdiction over, or are charged with the
administration of, any county owned or other publicly owned lands,
lying within the boundaries of any conservation district, shall
cooperate
to the fullest extent with the directors of the districts
district in the effectuation of programs and operations undertaken
by
conservation districts the
district under this part. The
directors
of the districts Agents of
the district shall be given
free access to enter and perform work upon such publicly owned
lands.
(2)
The board of a A conservation district may cooperate with
and enter into agreements with a county, township, municipality, or
other subdivision of state government in implementing soil, water,
forestland, and related land-use projects. A county, township,
municipality, or other subdivision of state government through its
governing body may cooperate with and enter into agreement with a
conservation
districts district in carrying out this part and may
assist
districts a district by providing them it with
such
materials,
equipment, money, personnel, and other services. as the
governmental
unit considers advisable.
Sec. 51301. As used in this part:
(a) "Conservation district" means that term as it is defined
in section 9301.
(b) "Demonstration project" means a forest improvement project
designed to illustrate the implementation and impact of alternate
forest practices.
(c) "Commission" means the commission of agriculture and rural
development.
(d) "Department" means the department of agriculture and rural
development.
(e) "Director" means the director of the department or his or
her designee.
(f) "Follow-up work" means forest practices to promote the
survival of seeds or seedlings or the protection or enhancement of
other work previously undertaken under this part.
(g) "Forest improvement project" means any of the following:
(i) Production, processing, handling, storage, marketing, or
transportation of forest resources, including sawmills, hardboard
mills, power stations, warehouses, air and water pollution control
equipment, and solid waste disposal facilities.
(ii) Forest practice or follow-up work.
(iii) Study, planning, or other work intended to improve
forestlands or forest resources or to demonstrate means of
improving forestlands or forest resources.
(h) "Forest management plan" means that term as it is defined
in section 7jj of the general property tax act, 1893 PA 206, MCL
211.7jj[1].
(i) "Forest practice" means that term as it is defined in
section 7jj of the general property tax act, 1893 PA 206, MCL
211.7jj[1].
(j) "Forest resources" means those products, uses, and values
associated with forestland, including recreation and aesthetics,
fish, forage, soil, timber, watershed, wilderness, and wildlife.
(k) "Forestland" means a tract of land that may include
nonproductive land that is intermixed with productive land that is
an integral part of a managed forest and the owner of which agrees
to develop, maintain, and actively manage the land as a private
forest through planting, natural reproduction, or other
silvicultural practices.
(l) "Fund" means the private forestland enhancement fund
created in section 51305.
(m) "Harvest" means that term as it is defined in section 7jj
of the general property tax act, 1893 PA 206, MCL 211.7jj[1].
(n) "Landowner" means a person who holds an ownership interest
in nonindustrial private forestland.
(o) "Nonindustrial private forestland" means a privately owned
tract of land, or the timber rights in the land if the timber
rights have been severed, that is at least 50% occupied by forest
tree species, consists of 10 acres or more, and has the productive
capacity to grow at least on average 20 cubic feet per acre per
year. Forestland includes land from which forest tree species have
been removed and have not been restocked, but does not include land
converted to uses other than the growing of forest tree species or
land currently zoned for uses incompatible with forest practices.
(p) "Qualified forester" means that term as it is defined in
section 7jj of the general property tax act, 1893 PA 206, MCL
211.7jj[1].
(q) "Technical assistance" means direct on-site assistance
provided to individuals.
(r) "Timber" means wood growth, mature or immature, growing or
dead, standing or down. Timber does not include any of the
following:
(i) Christmas trees and associated greens.
(ii) Material harvested from an individual's own land and used
on that land for the construction of fences or buildings or for
other personal use.
(s) "Timber owner" means a person who holds an ownership
interest in species of forest trees on forestland. An ownership
interest includes a license or other right to harvest timber on
state lands.
Sec. 51302. (1) This part is intended to stimulate improved
management and utilization of private forestland and private forest
resources within this state. Economic and community development
opportunities based on the private forest resource will be enhanced
by ensuring adequate future high-quality timber supplies, increased
employment opportunities, a diversified economy, and other economic
benefits and the conservation, maintenance, and enhancement of a
productive and stable forest resource system for the public benefit
of present and future generations.
(2) The primary purpose of this part is to assist private
landowners in understanding the value of forest resources and the
potential threats to forest resources and to provide management
guidance.
(3) The department may enter into cooperative agreements with
the federal agencies that have been given authority by act of
congress for the management of forestlands to assist landowners in
management of their nonindustrial private forestlands.
Sec. 51305. (1) The private forestland enhancement fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund, including general fund
general purpose appropriations, gifts, grants, and bequests. The
state treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only for 1 or more of the following purposes:
(a) Direct assistance.
(b) Indirect assistance.
(c) Administrative costs.
(6) The department shall establish criteria and procedures for
approving proposed expenditures from the fund.
(7) The department of treasury shall, before November 1 of
each year, notify the department of the balance in the fund at the
close of the preceding fiscal year.
(8) As used in this section:
(a) "Administrative costs" includes, but is not limited to,
costs incurred in administering the qualified forest program
developed in section 7jj of the general property tax act, 1893 PA
206, MCL 211.7jj[1].
(b) "Direct assistance" includes, but is not limited to,
programs that will provide for any of the following:
(i) Programs devoted to nonindustrial private forestland to
encourage the judicious management of forestlands to maximize
economic and ecological value.
(ii) Incentive and cost-share programs to assist landowners.
(iii) Programs that enhance investment of private and federal
funds in sustainable forest management.
(iv) Other programs established pursuant to this part.
(c) "Indirect assistance" includes, but is not limited to,
programs that will provide for any of the following:
(i) Public education and demonstration programs on sustainable
management of private forestland for increasing value for wildlife
habitat or timber management, or both.
(ii) Educational programs.
(iii) Technical assistance programs.
(iv) The promotion of on-site evaluation systems and management
practices.
Sec. 51306. (1) The department shall prepare and maintain a
list of qualified foresters in the state.
(2) An individual who wishes to be included on the list of
qualified foresters shall submit a registration to the department
on a form prepared by the department. The registration form shall
include all of the following:
(a) The category of qualified forester for which the
individual meets the necessary requirements.
(b) The continuing education required for the individual to
maintain his or her status as a qualified forester, including the
date on which the continuing education is required to be completed.
(c) A place for an individual to certify with his or her
signature that he or she meets the requirements of a qualified
forester and is current with any continuing education that is
required.
(d) A place to designate whether the individual is submitting
a new registration or a renewal of registration.
(3) An individual may update his or her registration at any
time by submitting a renewal of registration.
(4) An individual who no longer meets the requirements to be
considered a qualified forester shall notify the department in
writing, and the department shall remove the individual from the
list of qualified foresters.
(5) The department shall publish the list of qualified
foresters on the department's website.
Enacting section 1. Sections 50110, 50112, and 50136 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.50110, 324.50112, and 324.50136, are repealed.
Enacting section 2. This amendatory act takes effect June 1,
2013.