January 19, 2010, Introduced by Senator BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 32503 (MCL 324.32503), as amended by 2004 PA
325.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32503. (1) Except as otherwise provided in this section,
the department, after finding that the public trust in the waters
will not be impaired or substantially affected, may enter into
agreements pertaining to waters over and the filling in of
submerged patented lands, or to lease or deed unpatented lands,
after approval of the state administrative board. Quitclaim deeds,
leases, or agreements covering unpatented lands may be issued or
entered into by the department with any person, and shall contain
such terms, conditions, and requirements as the department
determines to be just and equitable and in conformance with the
public trust. The department shall reserve to the state all mineral
rights, including, but not limited to, coal, oil, gas, sand,
gravel, stone, and other materials or products located or found in
those lands, except where lands are occupied or to be occupied for
residential purposes at the time of conveyance.
(2) A riparian owner shall not dredge or place spoil or other
materials on bottomland except as authorized by a permit issued by
the department pursuant to part 13.
(3) The department shall not enter into a lease or deed that
allows drilling operations beneath unpatented lands for the
exploration or production of oil or gas.
(4) An agreement, lease, or deed entered into under this part
by the department with the United States shall be entered into and
executed pursuant to the property rights acquisition act, 1986 PA
201, MCL 3.251 to 3.262.
(5) This part does not apply to leases, agreements, deeds, or
activities regulated by the Great Lakes wind development act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1067.
of the 95th Legislature is enacted into law.