Bill Text: MI HB4285 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Natural resources; forests; revenue from timber sales on state land; earmark for payments in lieu of taxes under certain circumstances. Amends sec. 502 of 1994 PA 451 (MCL 324.502) & adds sec. 2154a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-20 - Printed Bill Filed 02/20/2013 [HB4285 Detail]
Download: Michigan-2013-HB4285-Introduced.html
HOUSE BILL No. 4285
February 19, 2013, Introduced by Rep. Johnson 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 502 (MCL 324.502), as amended by 2004 PA 587,
and by adding section 2154a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 502. (1) The commission may promulgate rules, not
inconsistent with law, governing its organization and procedure.
(2) The department may do 1 or more of the following:
(a) Promulgate and enforce reasonable rules concerning the use
and occupancy of lands and property under its control in accordance
with section 504.
(b) Provide and develop facilities for outdoor recreation.
(c) Conduct investigations it considers necessary for the
proper administration of this part.
(d) Remove and dispose of forest products as required for the
protection, reforestation, and proper development and conservation
of the lands and property under the control of the department.
(e) Require the payment of a fee as provided by law for a
daily permit or other authorization that allows the person to hunt
and take waterfowl on a public hunting area managed and developed
for waterfowl.
(3) Except as provided in subsection (4), the department may
enter into contracts for the taking of coal, oil, gas, and other
mineral products from state-owned lands, upon a royalty basis or
upon another basis, and upon the terms the department considers
just and equitable subject to section 502a. This contract power
includes authorization to enter into contracts for the storage of
gas or other mineral products in or upon state-owned lands, if the
consent of the state agency having jurisdiction and control of the
state-owned land is first obtained. A contract permitted under this
section for the taking of coal, oil, gas, or metallic mineral
products, or for the storage of gas or other mineral products, is
not valid unless the contract is approved by the state
administrative board. Money received from a contract for the
storage of gas or other mineral products in or upon state lands
shall be transmitted to the state treasurer for deposit in the
general fund of the state to be used for the purpose of defraying
the expenses incurred in the administration of this act and other
purposes provided by law. Other money received from a contract
permitted under this subsection, except money received from lands
acquired with money 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, shall be transmitted to the state treasurer for deposit in
the Michigan natural resources trust fund created in section 35 of
article IX of the state constitution of 1963 and provided for in
part 19. However, the money received from the payment of service
charges by a person using areas managed for waterfowl shall be
credited to the game and fish protection account of the Michigan
conservation and recreation legacy fund provided for in section
2010 and used only for the purposes provided by law. Money received
from bonuses, rentals, delayed rentals, royalties, and the direct
sale of resources, including forest resources, from lands acquired
with money 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 shall be
credited to the Michigan game and fish protection trust fund
established in section 41 of article IX of the state constitution
of 1963 and provided for in part 437, except as otherwise provided
by law.
(4) The department shall not enter into a contract that allows
drilling operations beneath the lake bottomlands of the Great
Lakes, the connected bays or harbors of the Great Lakes, or the
connecting waterways as defined in section 32301, for the
exploration or production of oil or gas.
(5) Notwithstanding any other provision of this act, until
payments in lieu of taxes have been paid in full pursuant to
subpart 14 of part 21 in any year, all revenues received by the
state during that year from the sale of timber on state-owned land
shall be forwarded to the state treasurer for deposit into the
payment in lieu of taxes reimbursement fund created in section
2154a.
(6) (5)
This section does not permit a
contract for the taking
of gravel, sand, coal, oil, gas, or other metallic mineral products
that does not comply with applicable local ordinances and state
law.
Sec. 2154a. (1) The payment in lieu of taxes reimbursement
fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department of natural resources shall be the
administrator of the fund for auditing purposes.
(5) The department of natural resources shall expend money
from the fund, upon appropriation, only for 1 or more of the
following purposes:
(a) In any year that payments in lieu of taxes have not been
paid in full under this subpart, for payments in lieu of taxes
under this subpart.
(b) In any year that payments in lieu of taxes have been paid
in full under this subpart, for any purpose authorized by law.
(6) As used in this section, "fund" means the payment in lieu
of taxes reimbursement fund created in subsection (1).
