January 8, 2014, Introduced by Reps. Schmidt, LaFontaine, Bumstead, Daley, Rendon, Pettalia, Brown, Potvin, McCready, Victory, Glardon, Foster, Johnson, Smiley, Kivela, Jenkins and Goike and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 503 (MCL 324.503), as amended by 2012 PA 294.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 503. (1) The department shall protect and conserve the
natural resources of this state; provide and develop facilities for
outdoor recreation; prevent the destruction of timber and other
forest growth by fire or otherwise; promote the reforesting of
forestlands belonging to this state; prevent and guard against the
pollution of lakes and streams within this state and enforce all
laws provided for that purpose with all authority granted by law;
and foster and encourage the protection and propagation of game and
fish.
(2) The department has the power and jurisdiction over the
management, control, and disposition of all land under the public
domain, except for those lands under the public domain that are
managed by other state agencies to carry out their assigned duties
and responsibilities. On behalf of the people of this state, the
department may accept gifts and grants of land and other property
and may buy, sell, exchange, or condemn land and other property,
for
any of the purposes of this part. Beginning September 30, 2012,
the
The department shall not acquire surface rights to land
unless
the department has estimated the amount of annual payments in lieu
of taxes on the land, posted the estimated payments on its website
for at least 30 days, and notified the affected local units of the
estimated payments at least 30 days before the acquisition.
(3)
Before May 1, 2015, the department shall not acquire
surface
rights to land if the department owns, or as a result of
the
acquisition will own, the surface rights to more than 4,626,000
acres
of land.
(4)
Beginning May 1, 2015, the department shall not acquire
surface
rights to land north of the Mason-Arenac line if the
department
owns, or as a result of the acquisition will own, the
surface
rights to more than 3,910,000 acres of land north of the
Mason-Arenac
line. This subsection does not apply after the
enactment
of legislation adopting the strategic plan.
(5)
For the purposes of subsections (3) and (4), the number of
acres
of land in which the department owns surface rights does not
include
any of the following:
(a)
Land in which the department has a conservation easement.
(b)
Land platted under the land division act, 1967 PA 288, MCL
560.101
to 560.293, or a predecessor act before July 2, 2012 if
acquired
by the department before July 2, 2012.
(c)
Any of the following if acquired on or after July 2, 2012:
(i) Land with an area of not more than 80 acres, or a
right-of-
way,
for accessing other land owned by the department.
(ii) A trail, subject to all of the following:
(A)
If the traveled portion of the trail is located within an
abandoned
railroad right-of-way, the land excluded is limited to
the
abandoned railroad right-of-way.
(B)
If the traveled portion of the trail is located in a
utility
easement, the land excluded is limited to the utility
easement.
(C)
If sub-subparagraphs (A) and (B) do not apply, the land
excluded
is limited to the traveled portion of the trail and
contiguous
land. The area of the contiguous land shall not exceed
the
product of 100 feet multiplied by the length of the trail in
feet.
(iii) Land that, on July 2, 2012 was commercial
forestland as
defined
in section 51101 if the land continues to be used in a
manner
consistent with part 511.
(iv) Land acquired by the department by gift, including
the
gift
of funds specifically dedicated to land acquisition.
(v) Land acquired by the department through
litigation.
(6)
The department shall maintain a record of land as
described
in subsection (5)(a) to (c). The record shall include the
location,
acreage, date of acquisition, and use of the land. The
department
shall post and maintain on its website all of the
following
information:
(a)
The number of acres of land, including land as described
in
subsection (5), in which the department owns surface rights
north
of the Mason-Arenac line, south of the Mason-Arenac line, in
total
for this state, and by program.
(b)
The number of acres of land, excluding land as described
in
subsection (5), in which the department owns surface rights
north
of the Mason-Arenac line, south of the Mason-Arenac line, in
total
for this state, and by program.
(3) (7)
By October 1, 2014, the department
shall develop a
written strategic plan to guide the acquisition and disposition of
state lands managed by the department, submit the plan to the
senate and house committees with primary responsibility for natural
resources and outdoor recreation and the corresponding
appropriation subcommittees, and post the plan on the department's
website. In developing the plan, the department shall solicit input
from the public and local units of government.
(4) (8)
The strategic plan shall do all of
the following:
(a) Divide this state into regions.
(b) Identify lands managed by the department in each region.
(c) Set forth for each region measurable strategic performance
goals with respect to all of the following for land managed by the
department:
(i) Maximizing availability of points of access to the land and
to bodies of water on or adjacent to the land.
(ii) Maximizing outdoor recreation opportunities.
(iii) Forests.
(iv) Wildlife and fisheries.
(d) To assist in achieving the goals set forth in the
strategic plan pursuant to subdivision (c), identify all of the
following:
(i) Land to be acquired.
(ii) Land to be disposed of.
(iii) Plans for natural resource management.
(e) To the extent feasible, identify public lands in each
region that are not managed by the department but affect the
achievement of the goals set forth in the strategic plan pursuant
to subdivision (c).
(f) Identify ways that the department can better coordinate
the achievement of the goals set forth in the strategic plan
pursuant to subdivision (c), recognizing that public lands are
subject to multiple uses and both motorized and nonmotorized uses.
(9)
The department shall not implement the strategic plan as
it
applies to land north of the Mason-Arenac line. This subsection
does
not apply after the enactment of legislation adopting the
strategic
plan.
(5) The legislature approves the strategic plan entitled
"Department of Natural Resources Managed Public Land Strategy" that
was issued by the department and dated July 1, 2013.
(6) (10)
The department shall annually
report on the
implementation of the strategic plan and submit and post the report
in
the manner provided in subsection (7).(3).
(7) (11)
Beginning July 2, 2020 and every 6
years thereafter,
the department shall update the strategic plan and submit and post
the
updated plan in the manner provided in subsection (7). (3). At
least 60 days before posting the updated plan, the department shall
prepare,
submit, and post in the manner provided in subsection (7)
(3) a report on progress toward the goals set forth pursuant to
subsection
(8)(c) in portions of this state where, subject to
subsection
(9), the plan is being implemented (4)(c)
and any
proposed changes to the goals, including the rationale for the
changes. The submittal and posting shall include department contact
information for persons who wish to comment on the report.
(8) (12)
At Before acquiring or
disposing of land, the
department shall consult with the local units of government within
whose jurisdiction the land is located. In addition, at least 30
days before acquiring or disposing of the land, the department
shall submit to the senate and house committees with primary
responsibility for natural resources and outdoor recreation and the
corresponding appropriations subcommittees a statement identifying
the land and describing the effect of the proposed transaction on
achieving the goals set forth in the strategic plan pursuant to
subsection
(8)(c). (4)(c). The statement shall include department
contact information for persons who wish to comment on the
acquisition or disposition and be in a standard format. The
department shall also post the statement on its website for at
least
30 days before the acquisition or disposition. This
subsection
does not apply before the department submits the
strategic
plan to legislative committees as required under
subsection
(7).
(9) (13)
The department may accept funds, money,
or grants for
development of salmon and steelhead trout fishing in this state
from the government of the United States, or any of its departments
or agencies, pursuant to the anadromous fish conservation act, 16
USC 757a to 757f, and may use this money in accordance with the
terms and provisions of that act. However, the acceptance and use
of federal funds does not commit state funds and does not place an
obligation upon the legislature to continue the purposes for which
the funds are made available.
(10) (14)
The department may appoint persons
to serve as
volunteers for the purpose of facilitating the responsibilities of
the department as provided in this part. Subject to the direction
of the department, a volunteer may use equipment and machinery
necessary for the volunteer service, including, but not limited to,
equipment and machinery to improve wildlife habitat on state game
areas.
(11) (15)
The department may lease lands
owned or controlled
by the department or may grant concessions on lands owned or
controlled by the department to any person for any purpose that the
department determines to be necessary to implement this part. In
granting a concession, the department shall provide that each
concession is awarded at least every 7 years based on extension,
renegotiation, or competitive bidding. However, if the department
determines that a concession requires a capital investment in which
reasonable financing or amortization necessitates a longer term,
the department may grant a concession for up to a 15-year term. A
concession granted under this subsection shall require, unless the
department authorizes otherwise, that all buildings and equipment
shall be removed at the end of the concession's term. Any lease
entered into under this subsection shall limit the purposes for
which the leased land is to be used and shall authorize the
department to terminate the lease upon a finding that the land is
being used for purposes other than those permitted in the lease.
Unless otherwise provided by law, money received from a lease or a
concession of tax reverted land shall be credited to the fund
providing financial support for the management of the leased land.
Money received from a lease of all other land shall be credited to
the fund from which the land was purchased. However, money received
from program-related leases on these lands shall be credited to the
fund providing financial support for the management of the leased
lands. For land managed by the forest management division of the
department, that fund is either the forest development fund
established pursuant to section 50507 or the forest recreation
account of the Michigan conservation and recreation legacy fund
provided for in section 2005. For land managed by the wildlife or
fisheries division of the department, that fund is the game and
fish protection account of the Michigan conservation and recreation
legacy fund provided for in section 2010.
(12) (16)
When the department sells land, the
deed by which
the land is conveyed may reserve all mineral, coal, oil, and gas
rights to this state only when the land is in production or is
leased or permitted for production, or when the department
determines that the land has unusual or sensitive environmental
features or that it is in the best interest of this state to
reserve those rights as determined by commission policy. However,
the department shall not reserve the rights to sand, gravel, clay,
or other nonmetallic minerals. When the department sells land that
contains subsurface rights, the department shall include a deed
restriction that restricts the subsurface rights from being severed
from the surface rights in the future. If the landowner severs the
subsurface rights from the surface rights, the subsurface rights
revert to this state. The deed may reserve to this state the right
of ingress and egress over and across land along watercourses and
streams. Whenever an exchange of land is made with the United
States government, a corporation, or an individual for the purpose
of consolidating the state forest reserves, the department may
issue deeds without reserving to this state the mineral, coal, oil,
and gas rights and the rights of ingress and egress. The department
may sell the limestone, sand, gravel, or other nonmetallic
minerals. However, the department shall not sell a mineral or
nonmetallic mineral right if the sale would violate part 353, part
637, or any other provision of law. The department may sell all
reserved mineral, coal, oil, and gas rights to such lands upon
terms and conditions as the department considers proper and may
sell oil and gas rights as provided in part 610. The owner of those
lands as shown by the records shall be given priority in case the
department authorizes any sale of those lands, and, unless the
landowner waives that priority, the department shall not sell such
rights to any other person. For the purpose of this section,
mineral rights do not include rights to sand, gravel, clay, or
other nonmetallic minerals.
(13) (17)
The department may enter into
contracts for the sale
of the economic share of royalty interests it holds in hydrocarbons
produced from devonian or antrim shale qualifying for the
nonconventional source production credit determined under section
45k of the internal revenue code of 1986, 26 USC 45k. However, in
entering into these contracts, the department shall assure that
revenues to the natural resources trust fund under these contracts
are not less than the revenues the natural resources trust fund
would have received if the contracts were not entered into. The
sale of the economic share of royalty interests under this
subsection may occur under contractual terms and conditions
considered appropriate by the department and as approved by the
state administrative board. Funds received from the sale of the
economic share of royalty interests under this subsection shall be
transmitted to the state treasurer for deposit in the state
treasury as follows:
(a) Net proceeds allocable to the nonconventional source
production credit determined under section 45k of the internal
revenue code of 1986, 26 USC 45k, under this subsection shall be
credited to the environmental protection fund created in section
503a.
(b) Proceeds related to the production of oil or gas from
devonian or antrim shale shall be credited to the natural resources
trust fund or other applicable fund as provided by law.
(14) (18)
As used in this section:
(a) "Concession" means an agreement between the department and
a person under terms and conditions as specified by the department
to provide services or recreational opportunities for public use.
(b) "Lease" means a conveyance by the department to a person
of a portion of this state's interest in land under specific terms
and for valuable consideration, thereby granting to the lessee the
possession of that portion conveyed during the period stipulated.
(c)
"Mason-Arenac line" means the line formed by the north
boundaries
of Mason, Lake, Osceola, Clare, Gladwin, and Arenac
counties.
(c) (d)
"Natural resources trust
fund" means the Michigan
natural resources trust fund established in section 35 of article
IX of the state constitution of 1963 and provided for in section
1902.
(d) (e)
"Net proceeds" means the
total receipts received from
the
sale of royalty interests under subsection (17) (13) less
costs
related to the sale. Costs may include, but are not limited to,
legal, financial advisory, geological or reserve studies, and
accounting services.
(e) (f)
"Strategic plan" or
"plan" means the plan developed
under
subsection (7).(3).