SB-0278, As Passed Senate, June 14, 2005
SUBSTITUTE FOR
SENATE BILL NO. 278
A bill to make appropriations for the department of natural
resources for the fiscal year ending September 30, 2006; to provide
for the expenditure of those appropriations; to create funds and
accounts; to require reports; to prescribe certain powers and
duties of certain state agencies and officials; to authorize
certain transfers by certain state agencies; and to provide for the
disposition of fees and other income received by the various state
agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
Senate Bill No. 278 as amended June 14, 2005
amounts listed in this part are appropriated for the department of
natural resources for the fiscal year ending September 30, 2006,
from the funds indicated in this part. The following is a summary
of the appropriations in this part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY:
Full-time equated unclassified positions ......... 6.0
Full-time equated classified positions........ 2,069.5
GROSS APPROPRIATION.................................... $ <<272,540,800>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,691,200
ADJUSTED GROSS APPROPRIATION........................... $ <<268,849,600>>
Federal revenues:
Total federal revenues................................. 38,990,200
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 2,090,100
Total other state restricted revenues.................. <<201,828,400>>
State general fund/general purpose..................... $ <<25,940,900>>
FUND SOURCE SUMMARY
Full-time equated unclassified positions ......... 6.0
Full-time equated classified positions........ 2,069.5
GROSS APPROPRIATION.................................... $ <<272,540,800>>
Interdepartmental grant revenues:
IDG, engineering services to work orders............... 1,566,600
IDG, land acquisition services to work orders.......... 706,500
Senate Bill No. 278 as amended June 14, 2005
IDG, MacMullan conference center revenue............... 1,418,100
Total interdepartmental grants and intradepartmental
transfers............................................ 3,691,200
ADJUSTED GROSS APPROPRIATION........................... $ <<268,849,600>>
Federal revenues:
DAG, federal........................................... 7,166,000
DHS-USCG, federal...................................... 2,689,600
DOC, federal........................................... 67,000
DOE, federal........................................... 1,000
DOI, federal........................................... 23,545,000
DOI, oil and gas royalty revenue....................... 150,000
DOI, timber revenue.................................... 3,300,000
DOT, federal........................................... 1,800,000
EPA, federal........................................... 271,600
Total federal revenues................................. 38,990,200
Special revenue funds:
Private funds.......................................... 1,590,100
Private - gift revenues................................ 500,000
Total private revenues................................. 2,090,100
Aircraft fees.......................................... 245,300
Air photo fees - geographic information system......... 43,500
Cervidae licensing and inspection fees................. 95,700
Clean Michigan initiative fund......................... 54,100
Commercial forest fund................................. 48,300
Forest development fund................................ 31,222,100
Forestland user charges................................ 317,300
Forest recreation fund................................. 1,386,900
Senate Bill No. 278 as amended June 14, 2005
Game and fish protection fund.......................... <<62,564,600>>
Game and fish protection fund - deer habitat reserve... 2,508,900
Game and fish protection fund - fisheries settlement... 966,400
Game and fish protection fund - turkey permit fees..... 1,748,000
Game and fish protection fund - waterfowl fees......... 99,900
Game and fish - wildlife resource protection fund...... 1,611,800
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 26,800
Harbor development fund................................ 287,400
Land exchange facilitation fund........................ 5,919,300
Marine safety fund..................................... 4,714,300
Michigan civilian conservation corps endowment fund.... 1,139,500
Michigan natural resources trust fund.................. 3,292,800
Michigan state parks endowment fund.................... 12,375,100
Michigan state waterways fund.......................... 15,906,800
Nongame wildlife fund.................................. 685,300
Off-road vehicle trail improvement fund................ 4,210,500
Park improvement fund.................................. 36,957,800
Publications revenue................................... 3,600
Recreation improvement fund............................ 1,444,500
Safety education fund.................................. 206,100
Shop fees.............................................. 63,700
Snowmobile registration fee revenue.................... 1,957,500
Snowmobile trail improvement fund...................... 9,724,600
Total other state restricted revenues.................. <<201,828,400>>
State general fund/general purpose..................... $ <<25,940,900>>
Sec. 102. EXECUTIVE
Full-time equated unclassified positions ......... 6.0
Full-time equated classified positions........... 44.6
Commission (including travel expense--per diem)........ $ 59,300
Unclassified salaries--6.0 FTE positions............... 416,500
Executive direction--44.6 FTE positions................ 5,379,300
Travel................................................. 136,400
GROSS APPROPRIATION.................................... $ 5,991,500
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue .............. 22,800
Special revenue funds:
Aircraft fees.......................................... 500
Air photo fees - geographic information system......... 11,300
Forest development fund................................ 249,400
Forestland user charges................................ 6,400
Forest recreation fund................................. 26,600
Game and fish protection fund.......................... 1,741,800
Game and fish protection fund - deer habitat reserve... 36,600
Game and fish protection fund - fisheries settlement... 10,100
Game and fish protection fund - turkey permit fees..... 20,700
Game and fish protection fund - waterfowl fees......... 900
Game and fish - wildlife resource protection fund...... 20,400
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 26,800
Harbor development fund................................ 600
Land exchange facilitation fund........................ 40,000
Marine safety fund..................................... 28,400
Michigan civilian conservation corps endowment fund.... 2,600
Michigan natural resources trust fund.................. 31,400
Michigan state parks endowment fund.................... 42,100
Michigan state waterways fund.......................... 296,000
Nongame wildlife fund.................................. 12,600
Off-road vehicle trail improvement fund................ 2,900
Park improvement fund.................................. 2,370,600
Publications revenue................................... 500
Recreation improvement fund............................ 12,700
Snowmobile registration fee revenue.................... 4,400
Snowmobile trail improvement fund...................... 34,700
State general fund/general purpose..................... $ 937,700
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions........... 93.0
Budget and support services--10.0 FTE positions........ $ 912,000
Financial services--24.0 FTE positions................. 2,333,500
Grants, contracts, and customer systems--30.0 FTE
positions............................................ 5,562,400
Human resources--21.0 FTE positions.................... 2,128,100
Human resources optimization user charges.............. 88,600
Audit--8.0 FTE positions............................... 804,100
Travel................................................. 35,000
GROSS APPROPRIATION.................................... $ 11,863,700
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 14,200
Federal revenues:
DOI, federal........................................... 343,500
Special revenue funds:
Aircraft fees.......................................... 3,100
Air photo fees - geographic information system......... 700
Clean Michigan initiative fund......................... 54,100
Commercial forest fund................................. 1,800
Forest development fund................................ 670,000
Forestland user charges................................ 1,000
Forest recreation fund................................. 57,500
Game and fish protection fund.......................... 5,275,000
Game and fish protection fund - deer habitat reserve... 49,700
Game and fish protection fund - fisheries settlement... 25,700
Game and fish protection fund - turkey permit fees..... 39,200
Game and fish protection fund - waterfowl fees......... 800
Game and fish - wildlife resource protection fund...... 41,500
Harbor development fund................................ 11,300
Land exchange facilitation fund........................ 32,000
Marine safety fund..................................... 183,300
Michigan civilian conservation corps endowment fund.... 49,500
Michigan natural resources trust fund.................. 883,100
Michigan state parks endowment fund.................... 119,900
Michigan state waterways fund.......................... 509,700
Nongame wildlife fund.................................. 22,100
Off-road vehicle trail improvement fund................ 89,000
Park improvement fund.................................. 1,813,600
Publications revenue................................... 3,100
Recreation improvement fund............................ 16,700
Shop fees.............................................. 400
Snowmobile registration fee revenue.................... 136,300
Snowmobile trail improvement fund...................... 202,600
State general fund/general purpose..................... $ 1,213,300
Sec. 104. LAND AND FACILITIES
Full-time equated classified positions.......... 123.2
Land and facilities--123.2 FTE positions............... $ 15,437,400
Travel................................................. 230,000
GROSS APPROPRIATION.................................... $ 15,667,400
Appropriated from:
Interdepartmental grant revenues:
IDG, engineering services to work orders .............. 1,566,600
IDG, land acquisition services to work orders.......... 706,500
IDG, MacMullan conference center revenue............... 1,346,700
Federal revenues:
Special revenue funds:
Aircraft fees.......................................... 122,300
Forest development fund................................ 1,631,200
Forestland user charges................................ 12,700
Forest recreation fund................................. 10,400
Game and fish protection fund.......................... 3,504,600
Land exchange facilitation fund........................ 5,731,200
Marine safety fund..................................... 91,200
Michigan natural resources trust fund.................. 60,600
Michigan state waterways fund.......................... 270,000
Park improvement fund.................................. 371,900
State general fund/general purpose..................... $ 241,500
Sec. 105. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges............................. $ 2,071,600
Rent - privately owned property........................ 485,600
Gifts and bequests..................................... 500,000
GROSS APPROPRIATION.................................... $ 3,057,200
Appropriated from:
Special revenue funds:
Private - gift revenues................................ 500,000
Forest development fund................................ 957,300
Forest recreation fund................................. 20,400
Game and fish protection fund.......................... 475,900
Game and fish protection fund - deer habitat reserve... 20,800
Game and fish protection fund - fisheries settlement... 6,700
Game and fish protection fund - turkey permit fees..... 25,000
Game and fish - wildlife resource protection fund...... 7,500
Marine safety fund..................................... 46,100
Michigan natural resources trust fund.................. 66,700
Michigan state parks endowment fund.................... 213,100
Michigan state waterways fund.......................... 237,600
Park improvement fund.................................. 316,700
Snowmobile trail improvement fund...................... 21,600
State general fund/general purpose..................... $ 141,800
Sec. 106. WILDLIFE MANAGEMENT
Full-time equated classified positions.......... 192.0
Wildlife management--192.0 FTE positions............... $ 26,269,900
State game and wildlife area maintenance............... 500,000
Travel................................................. 1,173,600
Senate Bill No. 278 as amended June 14, 2005
GROSS APPROPRIATION.................................... $ 27,943,500
Appropriated from:
Federal revenues:
DAG, federal........................................... 97,900
DOI, federal........................................... 11,112,200
EPA, federal........................................... 1,000
Special revenue funds:
Private funds.......................................... 108,500
Cervidae licensing and inspection fees................. 95,700
Game and fish protection fund.......................... 10,085,000
Game and fish protection fund - deer habitat reserve... 2,299,500
Game and fish protection fund - turkey permit fees..... 1,580,400
Game and fish protection fund - waterfowl fees......... 98,200
Forest development fund................................ 60,000
Nongame wildlife fund.................................. 611,200
State general fund/general purpose..................... $ 1,793,900
Sec. 107. FISHERIES MANAGEMENT
Full-time equated classified positions.......... 225.0
Aquatic resource mitigation--3.0 FTE positions......... $ 875,900
Fisheries administration--10.0 FTE positions........... 1,047,200
Fish production--62.0 FTE positions.................... 7,802,300
Fisheries resource management--150.0 FTE positions..... <<16,564,800>>
Travel................................................. 1,264,000
GROSS APPROPRIATION.................................... $ <<27,554,200>>
Appropriated from:
Federal revenues:
DOC, federal........................................... 50,300
Senate Bill No. 278 as amended June 14, 2005
DOE, federal........................................... 1,000
DOI, federal........................................... 8,231,100
EPA, federal........................................... 155,800
Special revenue funds:
Private funds.......................................... 109,700
Game and fish protection fund.......................... <<18,116,400>>
Game and fish protection fund - fisheries settlement... 889,900
State general fund/general purpose..................... $ 0
Sec. 108. PARKS AND RECREATION
Full-time equated classified positions.......... 785.7
Michigan civilian conservation corps--3.0 FTE
positions............................................ $ 968,800
Recreational boating--201.5 FTE positions.............. 12,780,500
State parks--581.2 FTE positions....................... 39,983,400
State parks improvement revenue bonds - debt service... 1,107,900
Travel................................................. 2,296,100
GROSS APPROPRIATION.................................... $ 57,136,700
Appropriated from:
Federal revenues:
EPA, federal........................................... 113,800
Special revenue funds:
Private funds.......................................... 344,200
Harbor development fund................................ 270,000
Michigan civilian conservation corps endowment fund.... 1,058,800
Michigan state parks endowment fund.................... 11,426,200
Michigan state waterways fund.......................... 13,410,500
Off-road vehicle trail improvement fund................ 230,100
Park improvement fund.................................. 30,283,100
State general fund/general purpose..................... $ 0
Sec. 109. FOREST, MINERAL, AND FIRE MANAGEMENT
Full-time equated classified positions.......... 338.5
Adopt-a-forest program................................. $ 25,000
Cooperative resource programs--10.5 FTE positions...... 2,548,000
Forest and timber treatments--117.0 FTE positions...... 14,988,800
Forest fire equipment.................................. 1,700,000
Forest fire protection--133.5 FTE positions............ 10,036,400
Forest management initiatives--9.2 FTE positions....... 881,000
Forest management planning--18.0 FTE positions......... 5,288,300
Forest recreation and trails--33.0 FTE positions....... 4,688,700
Minerals management--17.3 FTE positions................ 2,040,000
Travel................................................. 1,294,900
GROSS APPROPRIATION.................................... $ 43,491,100
Appropriated from:
Federal revenues:
DAG, federal........................................... 2,243,100
DOI, federal........................................... 2,000
EPA, federal........................................... 1,000
Special revenue funds:
Private funds.......................................... 877,700
Aircraft fees.......................................... 119,400
Air photo fees - geographic information system......... 26,300
Commercial forest fund................................. 45,000
Forest development fund................................ 25,910,000
Forestland user charges................................ 284,400
Forest recreation fund................................. 1,146,600
Game and fish protection fund.......................... 1,605,800
Michigan natural resources trust fund.................. 1,079,700
Michigan state parks endowment fund.................... 532,500
Michigan state waterways fund.......................... 364,600
Off-road vehicle trail improvement fund................ 389,500
Recreation improvement fund............................ 305,200
Shop fees.............................................. 63,300
Snowmobile trail improvement fund...................... 2,093,500
State general fund/general purpose..................... $ 6,401,500
Sec. 110. LAW ENFORCEMENT
Full-time equated classified positions.......... 267.5
General law enforcement--257.5 FTE positions........... $ 23,861,000
Wildlife resource protection--10.0 FTE positions....... 1,491,500
Travel................................................. 3,106,800
GROSS APPROPRIATION.................................... $ 28,459,300
Appropriated from:
Federal revenues:
DHS-USCG, federal...................................... 2,689,600
DOC, federal........................................... 16,700
DOI, federal........................................... 1,189,300
Special revenue funds:
Forest recreation fund................................. 55,400
Game and fish protection fund.......................... 17,474,600
Game and fish - wildlife resource protection fund...... 1,477,500
Marine safety fund..................................... 1,460,100
Off-road vehicle trail improvement fund................ 1,141,600
Park improvement fund.................................. 55,400
Safety education fund.................................. 56,100
Snowmobile registration fee revenue.................... 641,100
State general fund/general purpose..................... $ 2,201,900
Sec. 111. PAYMENTS IN LIEU OF TAXES
Swamp and tax reverted lands........................... $ 7,071,500
Purchased lands........................................ 4,700,600
Commercial forest reserves............................. 2,662,600
GROSS APPROPRIATION.................................... $ 14,434,700
Appropriated from:
Special revenue funds:
Game and fish protection fund.......................... 2,040,000
Michigan natural resources trust fund.................. 520,000
Michigan state waterways fund.......................... 140,000
State general fund/general purpose..................... $ 11,734,700
Sec. 112. GRANTS
Federal - clean vessel act grants...................... $ 100,000
Federal - forest stewardship grants.................... 625,000
Federal - land and water conservation fund payments.... 2,566,900
Federal - rural community fire protection.............. 300,000
Federal - urban forestry grants........................ 4,000,000
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
National recreational trails........................... 1,850,000
Game and nongame wildlife fund grants.................. 10,000
Grant to counties - marine safety...................... 2,805,000
Inland fisheries resources grants...................... 200,000
Senate Bill No. 278 as amended June 14, 2005
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 2,357,400
Recreation improvement fund grants..................... 1,100,000
Snowmobile law enforcement grants...................... 1,142,000
Snowmobile local grants program........................ 7,314,000
GROSS APPROPRIATION.................................... $ 27,970,300
Appropriated from:
Federal revenues:
DAG, federal........................................... 4,825,000
DOI, federal........................................... 2,666,900
DOI, oil and gas royalty revenue....................... 150,000
DOI, timber revenue.................................... 3,300,000
DOT, federal........................................... 1,800,000
Special revenue funds:
Private funds.......................................... 150,000
Game and fish protection fund.......................... 200,000
Marine safety fund..................................... 2,805,000
Nongame wildlife fund.................................. 10,000
Off-road vehicle trail improvement fund................ 2,357,400
Recreation improvement fund............................ 1,100,000
Safety education fund.................................. 150,000
Snowmobile registration fee revenue.................... 1,142,000
Snowmobile trail improvement fund...................... 7,314,000
State general fund/general purpose..................... $ 0
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ <<8,971,200>>
GROSS APPROPRIATION.................................... $ <<8,971,200>>
Senate Bill No. 278 as amended June 14, 2005
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 34,400
Special revenue funds:
Air photo fees - geographic information system......... 5,200
Commercial forest fund................................. 1,500
Forest development fund................................ 1,744,200
Forestland user charges................................ 12,800
Forest recreation fund................................. 70,000
Game and fish protection fund.......................... 2,045,500
Game and fish protection fund - deer habitat reserve... 102,300
Game and fish protection fund - fisheries settlement... 34,000
Game and fish protection fund - turkey permit fees..... 82,700
Game and fish - wildlife resource protection fund...... 64,900
Harbor development fund................................ 5,500
Land exchange facilitation fund........................ 116,100
Marine safety fund..................................... 100,200
Michigan civilian conservation corps endowment fund.... 28,600
Michigan natural resources trust fund.................. 651,300
Michigan state parks endowment fund.................... 41,300
Michigan state waterways fund.......................... 678,400
Nongame wildlife fund.................................. 29,400
Park improvement fund.................................. 1,746,500
Recreation improvement fund............................ 9,900
Snowmobile registration fee revenue.................... 33,700
Snowmobile trail improvement fund...................... 58,200
State general fund/general purpose..................... $ <<1,274,600>>
Senate Bill No. 278 as amended June 14, 2005
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2005-2006 is <<$227,769,300.00>> and state
spending from state resources to be paid to local units of
government for fiscal year 2005-2006 is $28,313,100.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
PAYMENTS IN LIEU OF TAXES
Commercial forest reserves............................. $ 2,662,600
Purchased lands........................................ 4,700,600
Swamp and tax reverted lands........................... 7,071,500
GRANTS
Grants to counties - marine safety..................... 2,805,000
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 2,357,400
Recreation improvement fund grants..................... 110,000
Snowmobile law enforcement grants...................... 1,142,000
Snowmobile local grants program........................ 7,314,000
TOTAL.................................................. $ 28,313,100
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "Commission" means the commission of natural resources.
(b) "DAG" means the United States department of agriculture.
(c) "Department" means the department of natural resources.
(d) "DHS" means the United States department of homeland
security.
(e) "DOC" means the United States department of commerce.
(f) "DOE" means the United States department of energy.
(g) "DOI" means the United States department of interior.
(h) "DOT" means the United States department of
transportation.
(i) "EPA" means the United States environmental protection
agency.
(j) "FTE" means full-time equated.
(k) "IDG" means interdepartmental grant.
(l) "USCG" means the United States coast guard.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director shall grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house of
representatives standing committees on appropriations the number of
exceptions to the hiring freeze approved during the previous
quarter and the reasons to justify the exceptions.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this act. This may include transmission
of reports via electronic mail to the recipients identified for
each reporting requirement or it may include placement of reports
on an Internet or Intranet site.
Sec. 209. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations subcommittees
on natural resources, and the senate and house fiscal agencies with
an annual report on estimated restricted fund balances, projected
revenues, and expenditures for the fiscal years ending September
30, 2005 and September 30, 2006.
Sec. 210. The departments and state agencies receiving
appropriations under this act shall receive and retain copies of
all reports funded from appropriations in part 1. These departments
and state agencies shall follow federal and state guidelines for
short-term and long-term retention of these reports. To the extent
consistent with federal and state guidelines, the requirements of
this section are satisfied if the reports funded from
appropriations in part 1 are retained in electronic format.
Sec. 211. (1) From the funds appropriated under part 1, the
department shall prepare a report that lists all of the following
regarding grant, loan, or grant and loan programs administered by
the department for the fiscal year ending on September 30, 2006:
(a) The name of each program.
(b) The goals, criteria, filing fees, nominating procedures,
eligibility requirements, processes, and deadlines for each
program.
(c) The maximum and minimum grant and loan available and
whether there is a match requirement for each program.
(d) The amount of any required match, and whether in-kind
contributions may be used as part or all of a required match.
(e) Information pertaining to the application process,
timeline for each program, and the contact people within the
department.
(f) The source of funds for each program, including the
citation of pertinent authorizing acts.
(g) Information regarding plans for the next fiscal year for
the phaseout, expansion, or changes for each program.
(h) A listing of all recipients of grants or loans awarded by
the department by type and amount of grant or loan during the
fiscal year ending September 30, 2005.
(2) The reports required under this section shall be submitted
to the state budget director, the senate and house appropriations
committees and the senate and house fiscal agencies by January 1,
2006.
Sec. 212. Appropriations of state restricted game and fish
protection funds have been made to the following departments and
agencies in their respective appropriation acts. The amounts
appropriated to these departments and agencies are listed below:
Department of civil service............................ $ 293,200
Legislative auditor general............................ 21,400
Attorney general....................................... 704,600
Department of management and budget.................... 220,900
Department of treasury................................. 4,200
Sec. 213. (1) Before January 16, 2006, the department, in
cooperation with the Michigan state waterways commission, shall
report to the state budget director, the senate and house fiscal
agencies, and the senate and house of representatives
appropriations subcommittees on natural resources detailing
operations of the Michigan state waterways commission for the
preceding 1-year period.
(2) The department, in cooperation with the Michigan state
waterways commission, shall determine which projects should be
acquired or developed with money from the state waterways fund or
harbor development fund and shall submit to the state budget
director, the senate and house fiscal agencies, and the senate and
house of representatives appropriations subcommittees on natural
resources in January 2006 a list of those projects, compiled in
order of priority. The list shall be accompanied by estimates of
total costs for the proposed projects.
(3) The department, in cooperation with the Michigan state
waterways commission, shall supply with each list under subsection
(2) a statement of the guidelines used in listing and assigning the
priority of these projects.
Sec. 214. The department shall develop a plan for allocating
restricted funds among department administrative support and
regulatory activities. This plan shall be submitted to the house
and senate appropriations subcommittees on natural resources by
January 30, 2006. This plan shall include a cost allocation plan
for financial services support, office space rent and building
occupancy charges, support division service for information systems
and technology, and a methodology to use information generated
through activity reports that identifies the percentage of employee
time spent on restricted fund activities.
Sec. 215. Pursuant to section 43703(3) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.43703, there is appropriated from the game and fish protection
trust fund to the game and fish protection fund, $6,000,000.00 for
the fiscal year ending September 30, 2006.
Sec. 216. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of information technology for technology-
related services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 217. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 218. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2006 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 219. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality.
Sec. 220. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
EXECUTIVE
Sec. 301. On June 15, 2006, the department shall submit to the
house and senate appropriations subcommittees on natural resources
and the house and senate fiscal agencies a report on fish, game,
and nongame habitat improvement and treatment projects completed or
planned during the fiscal years ending September 30, 2005 and
September 30, 2006. This report shall include a list of all habitat
treatment and improvement projects by management unit. This list
shall be accompanied by all of the following information:
(a) The target species of wildlife or fish to benefit from
unit projects.
(b) The number of acres or, for an inland lake, river, or
stream, the number of feet treated or improved, the county in which
the project is located, and the methods of treatment or
improvement.
(c) The division with lead responsibility for the projects and
all organizations involved in the projects, including, but not
limited to, department personnel, contractors, or subcontractors.
(d) The total cost per acre and the funding sources supporting
management unit projects. The report shall identify the program
line item supporting project expenditures.
(e) A separate summary, by fund or subfund, of all projects
completed in the fiscal year ending September 30, 2005 or September
30, 2006.
ADMINISTRATIVE SERVICES
Sec. 401. The department may charge the appropriations
contained in part 1, including all special maintenance and capital
projects appropriated for the fiscal year ending September 30,
2006, for engineering services provided, a standard percentage fee
to recover actual costs. The department may use the revenue derived
to support the engineering services charges provided for in part 1.
Sec. 402. The department may charge land acquisition projects
appropriated for the fiscal year ending September 30, 2006, and for
prior fiscal years, a standard percentage fee to recover actual
costs, and may use the revenue derived to support the land
acquisition service charges provided for in part 1.
Sec. 403. The department may charge both application fees and
transaction fees related to the exchange or sale of state-owned
land or rights in land authorized by part 21 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.2101 to 324.2162. The fees shall be set by the director at a
rate which allows the department to recover its costs for providing
these services.
Sec. 404. The department shall prominently display in a
prominent place in the fishing guide provided to each licensed
fisher and paid for from the funds appropriated in part 1, the
website for the department of community health. In addition, the
fishing guide shall include information on alternative sources
where interested parties without Internet access may find
information on fish advisories issued by the department of
community health.
Sec. 405. The department shall report quarterly on all land
transactions completed by the department in the previous fiscal
quarter. For each land transaction, the report shall include, but
not be limited to, the size of the parcel, the county and
municipality in which the parcel is located, the dollar amount of
the transaction, the fund source affected by the transaction, and
the type of transaction, such as purchase, public auction,
transfer, exchange, or conveyance. The report shall be submitted to
the senate and house appropriations subcommittees on natural
resources within 21 days after the end of each fiscal quarter.
WILDLIFE MANAGEMENT
Sec. 501. Of the funds appropriated in part 1, the department
shall reimburse the department of agriculture for costs incurred
for indemnification payments for livestock losses caused by wolves
or coyotes under the animal industry act, 1988 PA 466, MCL 287.701
to 287.745.
Sec. 502. By September 30, 2006, the department shall submit
to the state budget director, the chairs of the senate and house
appropriations subcommittees on natural resources, and the senate
and house fiscal agencies a report on the population of bobcats in
the Lower Peninsula of the state and the impact of bobcat harvest
on the population. The department and the commission are urged to
prohibit the trapping of bobcats in the Lower Peninsula until the
report is released.
FISHERIES MANAGEMENT
Sec. 601. As a condition of expenditure of fisheries
management appropriations under part 1, the department shall not
impede the certification process for water control structures on
Michigan waterways. The department shall fund from funds
appropriated in part 1 all non-water-quality studies or
requirements that the department requests of either of the
following:
(a) The department of environmental quality as a condition for
issuance of a certification under the federal water pollution
control act, 33 USC 1341.
(b) The federal energy regulatory commission as a condition of
licensing under the federal power act, 16 USC 791a to 825r.
Sec. 602. (1) From the appropriation in part 1 for aquatic
resource mitigation, not more than $758,000.00 shall be allocated
for grants to watershed councils, resource development councils,
soil conservation districts, local governmental units, and other
nonprofit organizations for stream habitat stabilization and soil
erosion control.
Senate Bill No. 278 as amended June 14, 2005
(2) The fisheries division of the department shall develop
priority and cost estimates for all recommended projects.
<<Sec. 603. From the funds appropriated in part 1 for fisheries resources management, $250,000.00 is provided for preparation activities for removal, including engineering projects, and the removal of the Otsego, Plainwell, and Trowbridge dams on the Kalamazoo River. This shall not preclude the department from pursuing cost recovery for dam removal costs from responsible parties and in the event that the department recovers funds from responsible parties at these locations, the department shall restore funding.>>
PARKS AND RECREATION
Sec. 701. Pursuant to section 1902(2) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.1902, there
is appropriated from the Michigan natural resources trust fund to
the Michigan state parks endowment fund an amount not to exceed
$10,000,000.00 for the fiscal year ending September 30, 2006.
Sec. 702. (1) The department shall prepare detailed reports
for construction projects in state parks that will involve campsite
or campground closures. These reports shall include expected costs,
impacts on recreation opportunities, impacts on state park
revenues, and the expected impact on state park users. The
department shall also prepare reports on average monthly campground
occupancy rates for every state park during the previous summer
season. The department shall provide reports described in this
subsection to the house and senate appropriations subcommittees on
natural resources and the house and senate fiscal agencies not
later than April 1, 2006.
(2) The department shall notify the house and senate
appropriations subcommittees on natural resources and the house and
senate fiscal agencies if it intends to reduce operations or reduce
recreation opportunities at any state park or recreation area.
Sec. 703. From the funds appropriated in part 1, the
department shall attempt to place an appropriate number of
defibrillators in state parks. State parks shall accept donations
of defibrillators.
Sec. 704. By September 30, 2006, the department shall report
to the senate and house appropriations subcommittees on natural
resources and the senate and house fiscal agencies any misuse of
complimentary or discounted day passes at state recreational
facilities during the 2005-2006 fiscal year.
Sec. 705. On September 30, 2006, the department shall submit a
report on the economic impact and financial status of the ski hill
in Porcupine Mountains wilderness state park to the legislature,
the state budget director, and the senate and house fiscal
agencies. The department shall not alter or halt operations of the
ski hill or demolish buildings related to the ski hill, the
assistant manager residence, the 3-unit apartment building, or the
carpenter's shop and garage in Porcupine Mountains wilderness state
park until this report is received. The department shall
collaborate with travel Michigan for the marketing and promotion of
the ski hill.
Sec. 706. By July 1, 2006, the department shall submit to the
state budget director, the chairs of the senate and house
appropriations subcommittees on natural resources, and the senate
and house fiscal agencies a report on the viability of adopting a
corporate sponsorship program in selected areas within state parks,
including details of such a program. The department shall work with
the state park advisory committee in preparing the report.
FOREST, MINERAL, AND FIRE MANAGEMENT
Sec. 801. The appropriation for the adopt-a-forest program in
part 1 shall be used to cover the cost of disposing of waste
material collected from state forestlands.
Sec. 802. In addition to the funds appropriated in part 1,
$350,000.00 is appropriated to cover costs related to any declared
emergency involving the collapse of any abandoned mine shaft
located on state land. This appropriation shall not be expended
unless the state budget director recommends the expenditure and the
department notifies the house and senate committees on
appropriations.
Sec. 803. As a condition of expenditure of appropriations in
part 1 from forest development funds, on October 15, 2005 the
department shall provide $1,000,000.00 from cooperative resources
programs as an interdepartmental grant to the department of
agriculture for the cooperative resources management initiative
program for the purposes of supporting forestry programs in local
conservation districts.
Sec. 804. Of the funds appropriated in part 1, the department
shall prescribe appropriate treatment on 63,000 acres, plus or
minus 10%, at the current average rate of 12.5 to 13 cords per
acre, provided that the department shall take into consideration
the impact of timber harvesting on wildlife habitat and recreation
uses. The department shall endeavor to increase marking or
treatment of hardwood timber by 10% over 2005 levels. In addition,
the department shall take into consideration silvicultural analysis
and report annually to the legislature on plans and efforts to
address factors limiting management of timber.
Sec. 805. The department shall spend amounts appropriated in
part 1 for forest-related activities to employ or contract for
additional foresters to mark timber, pursuant to section 804.
Sec. 806. From the funds appropriated in part 1, the
department shall develop a motorized snowmobile trail connecting
Gaylord and Cheboygan.
Sec. 807. (1) The department shall submit to the senate and
house standing committees on natural resources and the senate and
house appropriations subcommittees on natural resources and the
senate and house fiscal agencies by May 1, 2006 a report that
provides a comprehensive plan to expand current off-road vehicle
trail mileage by at least 25% over the next 4 years.
(2) As a condition of the expenditure of all appropriations in
part 1 from the off-road vehicle trail improvement fund, the
department shall spend the equivalent percentage in all categories
according to the statutory formula provided in section 81119 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.81119.
LAW ENFORCEMENT
Sec. 901. The appropriation in part 1 for snowmobile law
enforcement grants shall be used to provide grants to county law
enforcement agencies to enforce part 821 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.82101 to
324.82160, including rules promulgated under that part and
ordinances enacted pursuant to that part. The department shall
consider the number of enforcement hours and the number of miles of
snowmobile trails in each county in allocating these grants. Any
funds not distributed to counties revert back to the snowmobile
registration fee fund. Counties shall provide semiannual reports to
the department.
GRANTS
Sec. 1101. Federal pass-through funds to local institutions
and governments that are received in amounts in addition to those
included in part 1 for grants to communities - federal oil, gas,
and timber payments and that do not require additional state
matching funds are appropriated for the purposes intended. By
November 30, 2005, the department shall report to the senate and
house appropriations subcommittees on natural resources, the senate
and house fiscal agencies, and the state budget director on all
amounts appropriated under this section during the fiscal year
ending September 30, 2005.