HB-5554, As Passed Senate, May 6, 2004
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5554
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) "Diameter class specifications" means a classification of
11 trees based on the diameter at breast height.
12 (f) "Plan" means the forestry development, conservation, and
13 recreation management plan for state forests as provided for in
14 section 52503.
15 (g) "Reforestation" means adequate stocking of forestland is
16 assured by natural seeding, sprouting, suckering, or by planting
17 seeds or seedlings.
18 (h) "Residual basal area" means the sum of the
19 cross-sectional area of trees 4 inches or greater in diameter
20 measured at breast height left standing within a stand after a
21 harvest.
22 (i) "State forest" means state land owned or controlled by
23 the department that is designated as state forest by the
24 director.
25 (j) "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,
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 qualities.
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
1 management practices for water quality.
2 (iii) Manage the quality and distribution of wildlife
3 habitats and contribute to the conservation of biological
4 diversity by developing and implementing stand and
5 landscape-level measures that promote habitat diversity and the
6 conservation of forest plants and animals including aquatic flora
7 and fauna and unique ecosystems.
8 (iv) Protect forests from wildfire, pests, diseases, and
9 other damaging agents.
10 (v) Manage areas of ecologic, geologic, cultural, or historic
11 significance in a manner that recognizes their special
12 qualities.
13 (vi) Manage activities in high conservation value forests by
14 maintaining or enhancing the attributes that define such
15 forests.
16 (c) Communicate to the public by doing all of the following:
17 (i) Publicly report the department's progress in fulfilling
18 its commitment to sustainable forestry.
19 (ii) Provide opportunities for persons to participate in the
20 commitment to sustainable forestry.
21 (iii) Prepare, implement, and keep current a management plan
22 that clearly states the long-term objectives of management and
23 the means of achieving those objectives.
24 (d) Monitor forest management by promoting continual
25 improvement in the practice of sustainable forestry and
26 monitoring, measuring, and reporting performance in achieving the
27 commitment to sustainable forestry.
1 (e) Consider the local community surrounding state forestland
2 by doing both of the following:
3 (i) Require that forest management plans and operations
4 comply with applicable federal and state laws.
5 (ii) Require that forest management operations maintain or
6 enhance the long-term social and economic well-being of forest
7 workers and local communities.
8 Sec. 52503. (1) The department shall adopt a forestry
9 development, conservation, and recreation management plan for
10 state owned lands owned or controlled by the department. Parks
11 and recreation areas, state game areas, and other wildlife areas
12 on these lands shall be managed according to their primary
13 purpose. The department may update the plan as the department
14 considers necessary or appropriate. The plan and any plan
15 updates shall be consistent with section 52502 and shall be
16 designed to assure a stable, long-term, sustainable timber supply
17 from the state forest as a whole.
18 (2) The plan and any plan updates shall include all of the
19 following:
20 (a) An identification of the interests of local communities,
21 outdoor recreation interests, the tourism industry, and the
22 forest products industry.
23 (b) An identification of the annual capability of the state
24 forest and management goals based on that level of productivity.
25 (c) Methods to promote and encourage the use of the state
26 forest for outdoor recreation, tourism, and the forest products
27 industry.
1 (d) A landscape management plan for the state forest
2 incorporating biodiversity conservation goals, indicators, and
3 measures.
4 (e) Standards for sustainable forestry consistent with
5 section 52502.
6 (f) An identification of environmentally sensitive areas.
7 (g) An identification of the need for forest treatments to
8 maintain and sustain healthy, vigorous forest vegetation and
9 quality habitat for wildlife and environmentally sensitive
10 species.
11 Sec. 52504. (1) After the plan is adopted under section
12 52503, the department shall harvest timber from the state forest
13 and other state owned lands owned or controlled by the department
14 in compliance with the plan and any plan updates.
15 (2) Unless otherwise dedicated by law, proceeds from the sale
16 of timber from the state forest and other state owned lands owned
17 or controlled by the department shall be forwarded to the state
18 treasurer for deposit into the forest development fund
19 established pursuant to section 50507.
20 Sec. 52505. (1) The department shall seek and maintain
21 third-party certification that the management of the state forest
22 and other state owned lands owned or controlled by the department
23 satisfies the sustainable forestry standards of at least 1
24 credible nonprofit, nongovernmental certification program and
25 this part.
26 (2) Beginning January 1, 2006, the department shall ensure
27 that the state forest is certified as provided for in subsection
1 (1).
2 (3) Beginning the effective date of the amendatory act that
3 added this section, the department shall commence a review and
4 study to determine the appropriateness of certifying parks and
5 recreation areas, state game areas, and other wildlife areas on
6 state owned lands owned or controlled by the department. Not
7 later than 1 year after the effective date of the amendatory act
8 that added this section, the department shall report and
9 recommend to the legislature the appropriateness and feasibility
10 of certifying those lands.
11 Sec. 52506. By January 1 of each year, the department shall
12 prepare and submit to the commission of natural resources, the
13 standing committees of the senate and the house of
14 representatives with primary jurisdiction over forestry issues,
15 and the senate and house appropriations committees a report that
16 details the following from the previous state fiscal year:
17 (a) The number of harvestable acres in the state forest as
18 determined by the certification program under section 52506.
19 (b) The number of acres of the state forest that were
20 harvested and the number of cords of wood that were harvested
21 from the state forest.
22 (c) The number of acres of state owned lands owned or
23 controlled by the department other than state forestlands that
24 were harvested and the number of cords of wood that were
25 harvested from those lands.
26 (d) Efforts by the department to promote recreational
27 opportunities in the state forest.
1 (e) Information on the public's utilization of the
2 recreational opportunities offered by the state forest.
3 (f) Efforts by the department to promote wildlife habitat in
4 the state forest.
5 (g) The status of the plan and whether the department
6 recommends any changes in the plan.
7 (h) Status of certification efforts required in section 52505
8 and, beginning in 2006, a definitive statement of whether the
9 department is maintaining certification of the entire state
10 forest.
11 (i) A description of any activities that have been undertaken
12 on forest pilot project areas described in section 52511.
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. 1023.
17 (b) Senate Bill No. 1024.