HB-4642, As Passed House, September 30, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 4642

                                                                             A bill to amend 1994 PA 451, entitled                                             

"Natural resources and environmental protection act,"                       

by amending sections 30501, 30502, and 30506 (MCL 324.30501,                

324.30502, and 324.30506), as added by 1995 PA 59.                          

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 30501.  As used in this part:                                          

2   (a) "Commission" means the commission of natural resources.                 

3       (b) "Department" means the department of natural resources.

4   (c)  (a)  "Free flowing" means existing or flowing in natural               

5   condition without impoundment, diversion, straightening,                    

6   riprapping, or other modification.                                          

7   (d) "Local unit of government" means a city, village,                       

8   township, or county.                                                        

9   (e) "Municipality" means a city or village.

10  (f)  (b)  "Natural river" means a river that has been                       

1   designated by the department for inclusion in the wild, scenic,             

2   and recreational rivers system.                                             

3   (g) "Plan" means the long-range comprehensive plan for a                    

4   natural river area.

5   (h)  (c)  "River" means a flowing body of water or a portion                

6   or tributary of a flowing body of water, including streams,                 

7   creeks, or impoundments and small lakes thereon.                            

8   (i)  (d)  "System" means all of those rivers or portions of                 

9   rivers designated under this part.                                          

10      Sec. 30502.  (1)  The department, in the interest of the                    

11  people of the state and future generations, may designate a Any            

12  person may nominate a river for designation as a natural river              

13  area at a regularly scheduled meeting of the commission.

14  (2) A river  or portion of a river may be designated as a                  

15  natural river area for the purpose of preserving and enhancing              

16  its values for water conservation, its free flowing condition,              

17  and its fish, wildlife, boating, scenic, aesthetic, floodplain,             

18  ecologic, historic, and recreational values and uses.  The                  

19  natural river area shall include adjoining or related lands as              

20  appropriate to the purposes of the designation.   The

21  (3) Following consideration of all testimony on the                         

22  nomination received by the commission, if the commission                    

23  determines that the nomination meets the purpose for designation            

24  as a natural river area under subsection (2), the commission                

25  shall do both of the following:                                             

26  (a) Direct the department to proceed with consideration of a                

27  designation as a natural river area, to gather public input as              

1   provided in section 30506, and to prepare the long-range                    

2   comprehensive plan for the natural river area as provided in                

3   subsection (4).

4   (b) Place on the agenda of a future meeting of the commission               

5   the consideration of a designation as a natural river area.                 

6       (4) Upon direction of the commission under subsection (3)(a),               

7   the department shall prepare  and adopt  a long-range                       

8   comprehensive plan for a  designated  natural river area that               

9   sets forth the purposes of the designation, proposed uses of                

10  lands and waters, and management measures designed to accomplish            

11  the purposes.                                                               

12  (5) At a meeting of the commission scheduled for                            

13  consideration of a designation as a natural river area, the                 

14  commission shall do all of the following:                                   

15      (a) Review the plan for the natural river area.                             

16      (b) Receive testimony from the department on the input the                  

17  department received under section 30506.                                    

18      (c) Receive testimony from the general public on the                        

19  designation and the plan.                                                   

20      (6) Upon consideration of the plan and testimony under                      

21  subsection (5), the commission may designate the river as a                 

22  natural river area and approve the plan for the natural river               

23  area.

24  (7)  State Following designation by the commission of a                    

25  natural river area, state land within the designated area shall             

26  be administered and managed in accordance with the plan, and                

27  state management of fisheries, streams, waters, wildlife, and               

1   boating shall take cognizance of the plan.  The department shall            

2   publicize and inform private and public landowners or agencies as           

3   to the plan and its purposes, so as to encourage their                      

4   cooperation in the management and use of their land in a manner             

5   consistent with the plan and the purposes of the designation.               

6   The department shall cooperate with federal agencies                        

7   administering any federal program concerning natural river areas,           

8   and with any watershed council established under part 311, when             

9   such cooperation furthers the interest of the state.                        

10  (8) If the commission determines that it is in the best                     

11  interest of the natural river area and the state, the commission,           

12  at a meeting of the commission, may modify the plan for a natural           

13  river area.  If the commission modifies the plan for a natural              

14  river area, the department shall notify the counties and                    

15  townships in which the natural river area is located of the                 

16  modifications.

17      Sec. 30506.  Before  designating the commission designates

18  a river as a natural river area under section 30502, the                    

19  department shall  conduct do all of the following:                         

20      (a) Conduct public hearings in the county seat of any county                

21  in which a portion of the  designated proposed natural river               

22  area is located.  Notices of the hearings shall be advertised at            

23  least twice, not less than 30 days before the hearing, in a                 

24  newspaper having general circulation in each such county and in             

25  at least 1 newspaper having general circulation in the state and            

26  1 newspaper published in the Upper Peninsula.                               

27  (b) Notify in writing each landowner within the proposed                    

1   natural river area and provide each landowner an opportunity to             

2   receive regular updates on meetings related to the proposed                 

3   designation as a natural river area.                                        

4       (c) Notify all local units of government in which the                       

5   proposed natural river area is located.  The department shall               

6   encourage the local units of government to notify affected                  

7   landowners within their jurisdiction.                                       

8       (d) Attend a meeting of the governing body of each township                 

9   and county in which the proposed natural river area is located to           

10  receive input on the designation of the natural river area and on           

11  the plan for the natural river area.

12      Enacting section 1.  This amendatory act does not take                      

13  effect unless House Bill No. 4641 of the 92nd Legislature is                

14  enacted into law.