STATE PARK LAND TRANSFER S.B. 971 (S-5) & 972 (S-1):
FLOOR ANALYSIS
Senate Bill 971 (Substitute S-5 as reported by the Committee of the Whole)
Senate Bill 972 (Substitute S-1 as reported)
Sponsor: Senator Cameron S. Brown (S.B. 971)
Senator Patricia L. Birkholz (S.B. 972)
Committee: Natural Resources and Environmental Affairs
CONTENT
Senate Bill 971 (S-5) would amend Part 351 (Wilderness and Natural Areas) and Part 741 (State Parks System) of the Natural Resources and Environmental Protection Act to do the following:
-- Require the Department of Natural Resources (DNR) to notify the Citizens Committee for Michigan State Parks and give public notice before recommending the transfer of any land that is dedicated as a wilderness area, a wild area, or a natural area.
-- Prohibit land dedicated as a wilderness area, wild area, or natural area from being transferred except as authorized under Part 351 (which allows land exchanges), or as specifically authorized by law.
-- Require the DNR to submit to the Committee a proposal regarding the transfer of more than 100 acres or more than 15% of a State park, whichever was less, and hold a public hearing on the proposed transfer.
-- Require the Committee to review the proposal and make a recommendation to the DNR regarding the proposed transfer.
-- Require the DNR to make a recommendation on the transfer to the Legislature.
-- Prohibit the transfer of more than 100 acres or more than 15% of a State park's total acreage, whichever was less, unless authorized by law.
-- Prohibit the sale of less than 100 acres or 15% of a State park unless the DNR had given notice to the Legislature, and the sale was not completed for at least 60 days after the notice was given.
-- Require the Committee to submit to the Legislature periodic reports on State parks.
-- Require the DNR to publish on its website a list of the acreage of each State park on the bill's effective date.
Senate Bill 972 (S-1) would amend Part 21 (General Real Estate Powers) of the Act to prohibit the DNR from designating as surplus land any land within a State park or State recreation area, except as provided in Senate Bill 971 (S-5).
(Under Part 21, except as otherwise provided, the DNR may designate as surplus any State-owned land under its control that has been dedicated for public use. The DNR may, on the State's behalf, sell the land under certain conditions.)
The bills are tie-barred to each other.
MCL 324.35103 et al. (S.B. 971) Legislative Analyst: Julie Koval
324.2131 (S.B. 972)
FISCAL IMPACT
The bills would cost the State an indeterminate amount. If the DNR determined that more than 100 acres or 15% of the land currently comprising a State park, whichever is less, should be offered for sale, the bills would establish a longer process for implementing that decision. The DNR would be required to hold a public hearing, obtain a recommendation from the Citizens Committee for Michigan State Parks, and make a recommendation to the Legislature. Finally, transfer of the parcel could not occur unless the transfer was authorized in enacted legislation. Senate Bill 971 (S-5) also would require enacted legislation to transfer land dedicated as a wilderness area, a wild area, or a natural area when the transaction was not an exchange for more suitable land. This longer process would be more staff-intensive than what is currently required for the sale of DNR-owned land, but would be necessary only if the DNR determined that more than 100 acres or 15% of the acreage of a State park should be sold.
Date Completed: 3-21-06 Fiscal Analyst: Jessica Runnels
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb971&972/0506