February 28, 2008, Introduced by Rep. Elsenheimer 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 sections 78105 and 78115 (MCL 324.78105 and 324.78115),
as amended by 2004 PA 587.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 78105. The department shall have the following powers and
duties:
(a) To acquire, construct, and maintain harbors, channels, and
facilities for vessels in the navigable waters lying within the
boundaries
of the this state. of Michigan.
(b) To acquire, by purchase, lease, gift, or condemnation the
lands, rights of way, and easements necessary for harbors and
channels. The department shall be considered a state agency under
1911
PA 149, MCL 213.21 to 213.25. , relative to condemnation by
state
agencies.
(c) To acquire, by purchase, lease, gift, or condemnation
suitable areas on shore for disposal of the material from dredging.
(d) To enter into any contracts or agreements that may be
necessary in carrying out this part, including agreements to hold
and save the United States free from damages due to the
construction and maintenance by the United States of those works
that the United States undertakes.
(e) To provide for the granting of concessions within the
boundaries of harbors, so as to furnish the public gas, oil, food,
and other facilities.
(f)
To represent the this state of Michigan and the governor
of
Michigan in
dealings with the chief of engineers of the United
States army and his or her authorized agents for the purposes set
forth in this part.
(g) To charge fees for both seasonal and daily moorage at
state-operated
small craft mooring facilities. All revenues derived
from
this source The fees shall be deposited in the waterways
account.
(h)
To charge fees for both daily and seasonal use of state-
operated
public access sites, if the cost of collecting the fees
will
not exceed the revenue derived from the fees for daily and
seasonal
passes. All revenues derived from this source shall be
deposited
in the waterways account. A seasonal pass shall grant the
permittee
the right to enter any state-operated public access site
without
payment of an additional fee.
(h) (i)
To collect the proceeds from the
sale of marine fuel
at harbors operated by the department. The proceeds from the sales
shall
be credited to deposited
in the waterways account and used
for the purchase of marine fuel supplies as may be needed. Any
remaining revenue from this source not needed for the purchase of
marine fuel supplies may be expended in the same manner as other
funds
within money in the waterways account.
Sec. 78115. (1) The department shall establish a public
boating access sites grant program. The grant program shall provide
funding with money in the waterways account to local units of
government and public colleges or universities for all or a portion
of the cost of either or both of the following:
(a) The acquisition of land for the establishment of a public
boating access site.
(b) The cost of developing a public boating access site.
(2) A grant under subsection (1)(a) may be used as the
required match by a local unit of government or a public college or
university under part 19 or another state or federal program.
(3) A local unit of government or a public college or
university receiving a grant under subsection (1)(b) must agree to
operate the public boating access site in accordance with the
department's operational requirements. The operational requirements
shall be included within a grant agreement that is entered into by
the grant recipient and the department. The grant agreement may
contain, but need not be limited to, 1 or more of the following
provisions as required by the department:
(a) Any net revenues accruing from the operation of the public
boating access site shall be separately accounted for and reserved
in a restricted fund by the grantee for the future maintenance or
expansion of the public boating access site or, with the approval
of the department, the construction of other recreational boating
facilities.
Unless otherwise provided in the grant agreement or
otherwise
authorized in writing by the department, if a fee is
charged
for the use of the public boating access site, the fee
shall
be the same as the fee rates set by the department.
(b) Unless otherwise provided in the grant agreement or
otherwise authorized in writing by the department, the public
boating access site and any facilities constructed for use in
conjunction with the public boating access site shall be reserved
by the grantee exclusively for the use or rental, on a daily basis,
of recreational watercraft.
(c) Unless otherwise provided in the grant agreement or
otherwise authorized in writing by the department, commercial
operations of any type shall not be permitted to regularly use the
public boating access site or any of the facilities constructed for
use in conjunction with the public boating access site.
(d) The public boating access site and any facilities
constructed for use in conjunction with that public boating access
site shall be open to the public at all times on equal and
reasonable terms.
(4) A local unit of government or a public college or
university that wishes to be considered for a grant under this
section shall submit an application to the department in a manner
prescribed by the department and containing the information
required by the department.