HOUSE BILL No. 4639

 

April 24, 2007, Introduced by Reps. Acciavatti, Byrum, Stahl, Byrnes, Mayes, Rick Jones, Ball, Spade, Meekhof and Bieda and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 76101 (MCL 324.76101), as added by 1995 PA 58.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 76101. As used in this part:

 

     (a) "Abandoned property" means an aircraft; a watercraft,

 

including a ship, boat, canoe, skiff, raft, or barge; the rigging,

 

gear, fittings, trappings, and equipment of an aircraft or

 

watercraft; the personal property of the officers, crew, and

 

passengers of an aircraft or watercraft; and the cargo of an

 

aircraft or watercraft, which have been deserted, relinquished,

 

cast away, or left behind and for which attempts at reclamation

 

have been abandoned by owners and insurers. Abandoned property also

 

means materials resulting from activities of historic and


 

prehistoric Native Americans.

 

     (b) "Bottomlands" means the unpatented lake bottomlands of the

 

Great Lakes.

 

     (c) "Committee" means the underwater Great Lakes state park

 

and salvage and preserve advisory committee created in section

 

76103.

 

     (d) "Great Lakes" means lakes Erie, Huron, Michigan, St.

 

Clair, and Superior.

 

     (e) "Great Lakes bottomlands preserve" means an area located

 

on the bottomlands of the Great Lakes and extending upward to and

 

including the surface of the water, which is delineated and set

 

aside by rule for special protection of abandoned property of

 

historical value, or ecological, educational, geological, or scenic

 

features or formations having recreational, educational, or

 

scientific value. A preserve may encompass a single object,

 

feature, or formation, or a collection of several objects,

 

features, or formations.

 

     (f) "Historical value" means value relating to, or

 

illustrative of, Michigan history, including the statehood,

 

territorial, colonial, and historic, and prehistoric native

 

American periods.

 

     (g) "Mechanical or other assistance" means all humanmade

 

devices, including pry bars, wrenches and other hand or power

 

tools, cutting torches, explosives, winches, flotation bags, lines

 

to surface, extra divers buoyancy devices, and other buoyance

 

devices, used to raise or remove artifacts.

 

     (h) "Recreational value" means value relating to an activity


 

that the public engages in, or may engage in, for recreation or

 

sport, including scuba diving and fishing.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 94th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 429 or House Bill No.____ (request no.

 

02426'07 *).

 

     (b) Senate Bill No.     or House Bill No. 4638(request no.

 

02427'07 *).

 

     (c) Senate Bill No. 431 or House Bill No.____ (request no.

 

02428'07 *).

 

     (d) Senate Bill No. 430 or House Bill No.____ (request no.

 

02429'07 *).

 

     (e) Senate Bill No.____ or House Bill No. 4640(request no.

 

02430'07 *).