August 15, 2012, Introduced by Senators BOOHER, CASPERSON, PAPPAGEORGE, JANSEN and COLBECK and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1902, 1905, 1907, and 1907a (MCL 324.1902,
324.1905, 324.1907, and 324.1907a), section 1902 as amended by 2004
PA 587, section 1905 as added by 1995 PA 60, section 1907 as
amended by 2008 PA 229, and section 1907a as added by 2002 PA 52.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1902. (1) In accordance with section 35 of article IX of
the state constitution of 1963, the Michigan natural resources
trust fund is established in the state treasury. The trust fund
shall consist of all bonuses, rentals, delayed rentals, and
royalties collected or reserved by the state under provisions of
leases for the extraction of nonrenewable resources from state
owned lands. However, the trust fund shall not include bonuses,
rentals, delayed rentals, and royalties collected or reserved by
the state from the following sources:
(a) State owned lands acquired with money appropriated from
the former game and fish protection fund or the game and fish
protection account of the Michigan conservation and recreation
legacy fund provided for in section 2010.
(b) State owned lands acquired with money appropriated from
the subfund account created by former section 4 of former 1976 PA
204.
(c) State owned lands acquired with money appropriated from
related federal funds made available to the state under the
Pittman-Robertson
wildlife restoration act, 16 USC 669 to
669i,
commonly
known as the federal aid in wildlife restoration act,
669k, or the Dingell-Johnson sport fish restoration act, 16 USC 777
to
777l, commonly known as
the federal aid in fish restoration
act.777n.
(d) Money received by the state from net proceeds allocable to
the
nonconventional fuel source
production credit contained in
section
29 45k of the internal revenue code of 1986, 26 USC 29,
45k, as provided for in section 503.
(2) Notwithstanding subsection (1), until the trust fund
reaches an accumulated principal of $500,000,000.00, $10,000,000.00
of the revenues from bonuses, rentals, delayed rentals, and
royalties described in this section, but not including money
received by the state from net proceeds allocable to the
nonconventional
fuel source production credit contained in section
29
45k of the internal revenue code of 1986, 26 USC 29, 45k, as
provided for in section 503, otherwise dedicated to the trust fund
that are received by the trust fund each state fiscal year shall be
transferred to the state treasurer for deposit into the Michigan
state parks endowment fund. However, until the trust fund reaches
an accumulated principal of $500,000,000.00, in any state fiscal
year, not more than 50% of the total revenues from bonuses,
rentals, delayed rentals, and royalties described in this section,
but not including net proceeds allocable to the nonconventional
fuel
source production credit contained in section 29 45k of
the
internal
revenue code of 1986, 26 USC 29, 45k, as provided in
section 503, otherwise dedicated to the trust fund that are
received by the trust fund each state fiscal year shall be
transferred to the Michigan state parks endowment fund. To
implement this subsection, until the trust fund reaches an
accumulated principal of $500,000,000.00, the department shall
transfer 50% of the money received by the trust fund each month
pursuant to subsection (1) to the state treasurer for deposit into
the Michigan state parks endowment fund. The department shall make
this transfer on the last day of each month or as soon as
practicable thereafter. However, not more than a total of
$10,000,000.00 shall be transferred in any state fiscal year
pursuant to this subsection.
(3)
In addition to the contents of the trust fund described in
subsection
(1), the trust fund shall consist of money transferred
to
the trust fund pursuant to section 1909.
(3) (4)
The trust fund may receive
appropriations, money, or
other things of value.
(4) (5)
The state treasurer shall direct the
investment of the
trust fund. The state treasurer shall have the same authority to
invest the assets of the trust fund as is granted to an investment
fiduciary under the public employee retirement system investment
act,
1965 PA 314, MCL 38.1132 to 38.1140l.38.1140m.
(5) (6)
The department shall annually
prepare a report
containing an accounting of revenues and expenditures from the
trust fund. This report shall identify the interest and earnings of
the trust fund from the previous year, the investment performance
of the trust fund during the previous year, and the total amount of
appropriations from the trust fund during the previous year. In
addition, the report shall include the status of each approved
project, including whether the project has been started, whether it
is currently being developed and the timeline for completion, and
the completion date, if appropriate. This report shall be provided
to the senate and house of representatives appropriations
committees and the standing committees of the senate and house of
representatives with jurisdiction over issues pertaining to natural
resources and the environment.
(6) (7)
As used in this section,
"Michigan state parks
endowment fund" means the Michigan state parks endowment fund
established in section 35a of article IX of the state constitution
of 1963 and provided for in section 74119.
Sec. 1905. (1) The Michigan natural resources trust fund board
is established within the department. The board shall have the
powers and duties of an agency transferred under a type I transfer
pursuant to section 3 of the executive organization act of 1965,
Act
No. 380 of the Public Acts of 1965, being section 16.103 of the
Michigan
Compiled Laws. 1965 PA 380,
MCL 16.103. The board shall be
administered under the supervision department and the department
shall offer its cooperation and aid to the board and shall provide
suitable offices and equipment for the board.
(2)
The board shall consist of 5 7
members. The members shall
include the director or a member of the commission as determined by
the
commission, and 4 6 residents of the state to be appointed by
the governor with the advice and consent of the senate. Two of the
members appointed under this subsection shall be selected from a
list of candidates recommended jointly by the senate majority
leader and the speaker of the house of representatives. Former
members of the natural resources commission are not eligible to be
appointed under this subsection. An individual shall not be
appointed to serve more than 2 full terms.
(3) The terms of the appointive members shall be 4 years,
except that of those first appointed, 1 shall be appointed for 1
year, 1 shall be appointed for 2 years, 1 shall be appointed for 3
years, and 1 shall be appointed for 4 years. The 2 additional
members initially appointed following the effective date of the
2012 amendatory act that amended this section shall serve for 4
years.
(4) The appointive members may be removed by the governor for
inefficiency, neglect of duty, or malfeasance in office.
(5) Vacancies on the board shall be filled for the unexpired
term in the same manner as the original appointments.
(6) The board may incur expenses necessary to carry out its
powers and duties under this part and shall compensate its members
for actual expenses incurred in carrying out their official duties.
Sec. 1907. (1) The board shall determine which lands and
rights in land within the state should be acquired and which public
recreation facilities should be developed with money from the trust
fund and shall submit to the legislature in January of each year a
list of those lands and rights in land and those public recreation
facilities that the board has determined should be acquired or
developed with trust fund money, compiled in order of priority. In
preparing
the list under this subsection, the board shall give do
all of the following:
(a) Give particular consideration to the acquisition of land
and rights in land for recreational trails that intersect the
downtown areas of cities and villages.
(b) Identify each parcel of land that is recommended for
acquisition by legal description and include the cost of
acquisition.
(c) Provide a scoring of each parcel of land recommended for
acquisition individually.
(d) Give particular consideration to a project or acquisition
that includes 1 or more of the following:
(i) Allows motorized recreational use.
(ii) Is located within a county that contains 50% or more
privately owned land.
(iii) Is located within a local unit of government that has
adopted a resolution in support of the acquisition.
(2) In preparing the list of lands to be acquired under
subsection (1), the board shall comply with all of the following:
(a) The board shall not recommend for acquisition any land
that was solicited for sale by the department, a local unit of
government, or a land conservancy.
(b) The board shall not recommend the acquisition of land for
transfer to a land conservancy unless the transfer assures that the
land will remain open for all types of recreational uses.
(c) In determining which lands or rights in lands should be
acquired, the board shall not consider the name attached to a
particular project nor shall the board attach a name to any project
beyond its location or legal description.
(3) (2)
This The list prepared
under subsection (1) shall be
accompanied by estimates of total costs for the proposed
acquisitions and developments.
(4) (3)
The board shall supply with each
list prepared under
subsection (1) a statement of the guidelines used in listing and
assigning the priority of these proposed acquisitions and
developments.
(5) (4)
The legislature shall approve by
law the lands and
rights in land and the public recreation facilities to be acquired
or developed each year with money from the trust fund.
Sec. 1907a. (1) If within 2 years after a parcel of property
that is approved for acquisition or development by the legislature
has not been acquired or developed in the manner determined by the
board and is not open for public use, the board shall report to the
standing committees of the senate and the house of representatives
with jurisdiction over issues related to natural resources and the
environment on the status of the project and the reason why the
property has not been purchased or developed in the manner
determined by the board.
(2) The board shall annually report to the standing committees
of the senate and the house of representatives with jurisdiction
over issues related to natural resources and the environment on any
funds that were appropriated from the trust fund but not expended.
(3) Following the appropriation of money from the trust fund,
if the development of a public recreation project changes or the
cost of the project increases, the entity receiving the
appropriation shall submit the change to the joint capital outlay
subcommittee of the legislature to review whether the proposed
change or increased cost is consistent with the purpose of the
appropriation.