HB-5554, As Passed House, March 10, 2004
February 17, 2004, Introduced by Reps. Casperson, Stahl, Pastor, Sheen, Walker, Pappageorge, Shackleton, Amos, Nofs, Meyer, Huizenga, Nitz, Palsrok, Palmer, Emmons, LaJoy, Voorhees, Moolenaar, Ward, Bisbee, Hune, Farhat, Mortimer, Hummel, Caswell, Robertson, Shaffer, DeRoche, Julian, Taub, Richardville, Vander Veen, Brandenburg, Acciavatti, Drolet and Bradstreet and referred to the Committee on Agriculture and Resource Management.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending the heading to part 525 and section 52501 (MCL
324.52501), as added by 1995 PA 57, and by adding sections 52502,
52503, 52504, 52505, 52506, and 52507.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 PART 525 DISPOSAL
OF TIMBER FROM STATE LANDS SUSTAINABLE
2 FORESTRY ON STATE FORESTLANDS
3 Sec. 52501. The
department is authorized to dispose of
4 timber from any of the
state lands under the control of the
5 department under such
rules and regulations as may be prescribed
6 by the department. As used in this part:
7 (a) "Breast height" means 4.5 feet from highest ground at the
8 base of the tree.
9 (b) "Certification" means a process where an independent
1 third party organization assesses and evaluates forest management
2 practices according to the standards of a certification program
3 resulting in an issuance of a certificate of compliance or
4 conformity.
5 (c) "Certification program" means a program that develops
6 specific standards that measure whether forest management
7 practices are consistent with principles of sustainable
8 forestry.
9 (d) "Conservation" means the wise use of natural resources.
10 (e) "Department" means the department of natural resources.
11 (f) "Diameter class specifications" means a classification of
12 trees based on the diameter at breast height.
13 (g) "Plan" means the forestry development, conservation, and
14 recreation management plan for state forests as provided for in
15 section 52503.
16 (h) "Reforestation" means adequate stocking of forestland is
17 assured by natural seeding, sprouting, suckering, or by planting
18 seeds or seedlings.
19 (i) "Residual basal area" means the sum of the
20 cross-sectional area of trees 4 inches or greater in diameter
21 measured at breast height left standing within a stand after a
22 harvest.
23 (j) "State forest" means all state land owned or controlled
24 by the department.
25 (k) "Sustainable forestry" means forestry practices that are
26 designed to meet present and future needs by employing a land
27 stewardship ethic that integrates the reforestation, managing,
House Bill No. 5554 as amended March 10, 2004
1 growing, nurturing, and harvesting of trees for useful products
2 with the conservation of soil, air and water quality, wildlife
3 and fish habitat, and visual changes.
4 Sec. 52502. The department shall manage the state forest in
5 a manner that is consistent with principles of sustainable
6 forestry and in doing so shall do all of the following:
7 (a) Manage forests with consideration of its economic,
8 social, and environmental values by doing all of the following:
9 (i) Broaden the implementation of sustainable forestry by
10 employing an array of economically, environmentally, and socially
11 sound practices in the conservation of forests, using the best
12 scientific information available.
13 (ii) Promote the efficient utilization of forest resources.
14 (iii) Broaden the practice of sustainable forestry by
15 cooperating with forestland owners, wood producers, and
16 consulting foresters.
17 (iv) Plan and manage plantations in accordance with
18 sustainable forestry principles and in a manner that complements
19 the management of and promotes the restoration and conservation
20 of natural forests.
21 (b) Conserve and protect forestland by doing all of the
22 following:
23 (i) Ensure long-term forest productivity and conservation of
24 forest resources through prompt reforestation, soil conservation,
25 afforestation, and other measures.
26 (ii) Protect the water quality in streams, lakes, and other
27 waterbodies [in a manner consistent with the department's best management practices for water quality].
1 (iii) Manage the quality and distribution of wildlife
2 habitats and contribute to the conservation of biological
3 diversity by developing and implementing stand and
4 landscape-level measures that promote habitat diversity and the
5 conservation of forest plants and animals including aquatic flora
6 and fauna and unique ecosystems.
7 (iv) Protect forests from wildfire, pests, diseases, and
8 other damaging agents.
9 (v) Manage state forestlands of ecologic, geologic, cultural,
10 or historic significance in a manner that recognizes their
11 special qualities.
12 (vi) Manage activities in high conservation value forests by
13 maintaining or enhancing the attributes that define such
14 forests.
15 (c) Communicate to the public by doing all of the following:
16 (i) Publicly report the department's progress in fulfilling
17 its commitment to sustainable forestry.
18 (ii) Provide opportunities for persons to participate in the
19 commitment to sustainable forestry.
20 (iii) Prepare, implement, and keep current a management plan
21 that clearly states the long-term objectives of management and
22 the means of achieving those objectives.
23 (d) Monitor forest management by promoting continual
24 improvement in the practice of sustainable forestry and
25 monitoring, measuring, and reporting performance in achieving the
26 commitment to sustainable forestry.
27 (e) Consider the local community surrounding state forestland
House Bill No. 5554 as amended March 10, 2004
1 by doing both of the following:
2 (i) Require that forest management plans and operations
3 comply with applicable federal and state laws.
4 (ii) Require that forest management operations maintain or
5 enhance the long-term social and economic well-being of forest
6 workers and local communities.
7 Sec. 52503. (1) The department shall adopt a forestry
8 development, conservation, and recreation management plan for the
9 state forest. The department may update the plan as the
10 department considers necessary or appropriate. The plan and any
11 plan updates shall be designed to assure a stable, nondeclining,
12 sustainable timber supply from the state forest.
13 (2) The plan and any plan updates shall include all of the
14 following:
15 (a) An identification of the interests of the forest products
16 industry, including annual goals for harvested acres.
17 (b) An identification of the annual [capability] of state
18 forestlands and management goals based on that level of
19 productivity.
20 (c) An identification of the interests of local communities,
21 outdoor recreation interests, and the tourism industry.
22 (d) Methods to promote and encourage the use of the state
23 forest for forest [products], tourism, and outdoor recreation.
24 (e) A landscape management plan for the state forest
25 incorporating biodiversity conservation goals, indicators, and
26 measures.
27 (f) Standards for sustainable forestry consistent with
House Bill No. 5554 as amended March 10, 2004
1 section 52502.
2 (g) An identification of environmentally sensitive areas
3 [. ]
4 (h) An identification of the need for forest treatments to
5 maintain and sustain healthy, vigorous forest vegetation and
6 quality habitat for wildlife and environmentally sensitive
7 species.
8 Sec. 52504. (1) After the plan is adopted under section
9 52503, the department shall harvest timber from the state forest
10 in compliance with the plan and any plan updates.
11 (2) Unless otherwise dedicated by law, proceeds from the sale
12 of timber from the state forest shall be forwarded to the state
13 treasurer for deposit into the forest development fund
14 established pursuant to section 50507.
15 Sec. 52505. (1) The department shall seek and maintain
16 third-party certification that the management of the state forest
17 satisfies the sustainable forestry standards of [at least 1] credible
18 nonprofit, nongovernmental certification program and this part.
19 (2) Beginning January 1, 2006, the department shall ensure
20 that the entire state forest is certified as provided for in
21 subsection (1).
22 Sec. 52506. By January 1 of each year, the department shall
23 prepare and submit to the standing committees of the senate and
24 the house of representatives with primary jurisdiction over
25 forestry issues and the senate and house appropriations
26 committees a report that details the following from the previous
27 state fiscal year:
1 (a) The number of harvestable acres in the state forest as
2 determined by the certification program under section 52506.
3 (b) The number of acres of the state forest that were
4 harvested.
5 (c) The number of cords of wood that were harvested from the
6 state forest.
7 (d) The status of the plan and whether the department
8 recommends any changes in the plan.
9 (e) A description of any activities that have been undertaken
10 on forest pilot project areas described in section 52511.
11 Sec. 52507. The department may promulgate rules to
12 implement this part.
13 Enacting section 1. This amendatory act does not take
14 effect unless all of the following bills of the 92nd Legislature
15 are enacted into law:
16 (a) Senate Bill No. ____ or House Bill No. 5552 (request
17 no. 04037'03 *).
18 (b) Senate Bill No. ____ or House Bill No. 5553 (request
19 no. 05901'03 *).