SB-0876, As Passed House, June 11, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 876

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 72105, 72105a, and 72106 (MCL 324.72105,

324.72105a, and 324.72106), sections 72105 and 72106 as added by

1995 PA 58 and section 72105a as amended by 2010 PA 46.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 72105. The department may operate and maintain a Michigan

trailway trail that is located on state owned land or may enter

into an agreement with a council or 1 or more governmental agencies

to provide for the operation and maintenance of the Michigan

trailway. trail. An agreement entered into under this subsection

may include provisions for any of the following:

     (a) Construction, maintenance, and operation of the

trailway.trail.

     (b) Enforcement of trailway trail rules and regulations

including permitted uses of the trailway.trail.

     (c) Other provisions consistent with this part.

     Sec. 72105a. (1) The department shall establish an "adopt-a-

trail" program that will allow volunteer groups to assist in

maintaining and enhancing Michigan trailways, pack and saddle

trailways, and rail-trails.trails on state owned land.

     (2) Subject to subsection (3), volunteer groups in the adopt-

a-trail program may adopt any available Michigan trailway, pack and

saddle trailway, or rail-trail or Michigan trailway, pack and

saddle trailway, or rail-trail trail or trail segment and may

choose any 1 or more of the following volunteer activities:

     (a) Spring cleanups.

     (b) Environmental activities.

     (c) Accessibility projects.

     (d) Special events.

     (e) Trailway Trail maintenance, enhancement, and development.

     (f) Public information and assistance.

     (g) Training.

     (3) The department shall designate the activities to be

performed by a volunteer group in the adopt-a-trail program. The

department may provide for more than 1 volunteer group to adopt a

Michigan trailway, pack and saddle trailway, or rail-trail or

Michigan trailway, pack and saddle trailway, or rail-trail an

eligible trail or trail segment. If the department operates other

programs in the vicinity of the trail that allows volunteers to

adopt a park or other resource, the department shall coordinate

these programs to provide for efficient and effective volunteer

programs in the area.

     (4) A volunteer group that wishes to participate in the adopt-

a-trail program shall submit an application to the department on a

form provided by the department. Additionally, volunteer groups

shall agree to the following:

     (a) Volunteer groups shall participate in the program for at

least a 2-year period.

     (b) Volunteer groups shall consist of at least 6 people who

are 18 years of age or older, unless the volunteer group is a

school or scout organization, in which case the volunteers may be

under 18 years of age.

     (c) Volunteer groups shall contribute a total of at least 400

service hours over a 2-year period.

     (d) Volunteer groups shall comply with other reasonable

requirements of the department.

     (5) A state park manager or a district forest manager may

issue to volunteers who are actively working on adopt-a-trail

projects that last more than 1 day free camping permits if

campsites are available. A state park manager or a district forest

manager may waive state park entry fees for volunteers entering

state parks to work on adopt-a-trail projects.

     (6) While a volunteer is working on an adopt-a-trail project,

the volunteer has the same immunity from civil liability as a

department employee and shall be treated in the same manner as an

employee under section 8 of 1964 PA 170, MCL 691.1408.

     (7) The department shall design and erect near the entrance of

each Michigan trailway, pack and saddle trailway, or rail-trail in

the adopt-a-trail program or along the trailway adopted trail or

trail segment an adopt-a-trail program sign with the name of the

volunteer group's sponsoring organization listed for each volunteer

group that has contributed at least 100 service hours by

volunteers.

     Sec. 72106. (1) Two or more governmental agencies may

establish a Michigan trailway trail management council for the

development and management of a Michigan trailway trail pursuant to

the urban cooperation act of 1967, Act No. 7 of the Public Acts of

the Extra Session of 1967, being section 124.501 to 124.512 of the

Michigan Compiled Laws.1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.

     (2) Upon formation, a council shall adopt operating procedures

and shall elect officers as the council considers appropriate.

     (3) A council may do 1 or more of the following as authorized

in an interlocal agreement entered into pursuant to Act No. 7 of

the Public Acts of the Extra Session of 1967:the urban cooperation

act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512:

     (a) Operate and maintain that portion of 1 or more Michigan

trailways trails that is are owned or under the control of the

governmental agencies establishing the council.

     (b) Pursuant to an agreement under section 72105, operate and

maintain that portion of 1 or more Michigan trailways trails that

is are located on state owned land.

     (c) Coordinate the enforcement of trailway trail rules and

regulations and other applicable laws and ordinances, including

permitted uses of the trailway trail on trailways trails owned or

Senate Bill No. 876 (H-1) as amended June 10, 2014

under the control of the governmental agencies establishing the

council or, pursuant to an agreement under section 72105, trailways

trails that are located on state owned land.

     (d) Receive any grant made from the fund or other funding

related to that portion of a Michigan trailway trail within its

jurisdiction.

     (e) Acquire or hold real property for the purpose of operating

a Michigan trailway.trail.

     (f) Perform other functions consistent with this part.

     (4) A council may be dissolved by the governmental agencies

that participated in creating the council. However, if a council

has entered into an agreement with the department under section

72105, the agreement shall specify how the council may be

dissolved.

[Enacting section 1. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.]

     Enacting section [2]. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

     (a) Senate Bill No. 873.

     (b) Senate Bill No. 875.

     (c) Senate Bill No. 877.

     (d) House Bill No. 5553.

     (e) House Bill No. 5559.