Act No. 123

Public Acts of 2004

Approved by the Governor

May 28, 2004

Filed with the Secretary of State

May 28, 2004

EFFECTIVE DATE: May 28, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Senators Prusi, Van Woerkom and McManus

ENROLLED SENATE BILL No. 1023

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 52511; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 52511. (1) Not later than December 31, 2006, the department shall establish 4 forest pilot project areas. The forest pilot project areas shall be designed to demonstrate cost savings techniques and improved efficiency in forest treatment techniques while improving the overall health of the forest. The department shall establish forest pilot project areas on scientific silvicultural specifications such as residual basal areas and diameter class specifications consistent with section 52502. Forest pilot project areas shall meet all of the following requirements:

(a) Each forest pilot project area shall include between 200 and 640 acres.

(b) Two of the forest pilot project areas shall be located in the Lower Peninsula and 2 shall be located in the Upper Peninsula.

(c) At least 1 forest pilot project area shall be composed primarily of hardwoods.

(d) At least 1 forest pilot project area shall be composed primarily of softwoods.

(2) Upon establishing the 4 forest pilot project areas under subsection (1), the department shall solicit contract bids for the management of each forest pilot project area. The department shall enter into a 5-year contract for each forest pilot project area covering all of the following forest management activities:

(a) Marking of timber.

(b) Harvesting of timber.

(c) Reforesting of timber cutover areas.

(3) A contract entered into under subsection (2) shall include performance measures as required by the department to ensure compliance with this section. The contract shall also require the contractor to report to the department prior to the termination of the contract on the cost savings techniques and forest treatment techniques employed and the success of these techniques.

(4) Activities conducted within forest pilot project areas shall comply with this part.

Enacting section 1. Section 52511 of the natural resources and environmental protection act, 1994 PA 451, MCL324.52511, is repealed effective December 31, 2011.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 92nd Legislature are enacted into law:

(a) Senate Bill No. 1024.

(b) House Bill No. 5554.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor