Bill Text: MI SB0515 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Natural resources; other; department of history, arts, and libraries; abolish, and transfer responsibilities to department of state. Amends secs. 63523, 63524, 63545, 72113, 76102, 76103, 76104, 76105, 76107, 76108, 76109, 76110, 76111, 76112, 76113, 76114 & 76118 of 1994 PA 451 (MCL 324.63523 et seq.). TIE BAR WITH: SB 0503'09

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2009-09-02 - Referred To Committee On Judiciary [SB0515 Detail]

Download: Michigan-2009-SB0515-Engrossed.html

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SB-0515, As Passed Senate, August 27, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 515

 

 

April 30, 2009, Introduced by Senators BIRKHOLZ, ALLEN, BROWN, KUIPERS and JELINEK and referred to the Committee on Commerce and Tourism.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 63523, 63524, 63545, 72113, 76102, 76103,

 

76104, 76105, 76107, 76108, 76109, 76110, 76111, 76112, 76113,

 

76114, and 76118 (MCL 324.63523, 324.63524, 324.63545, 324.72113,

 

324.76102, 324.76103, 324.76104, 324.76105, 324.76107, 324.76108,

 

324.76109, 324.76110, 324.76111, 324.76112, 324.76113, 324.76114,

 

and 324.76118), sections 63523 and 63545 as amended by 2001 PA 78,

 

sections 63524, 76105, and 76109 as amended by 2004 PA 325, section

 

72113 as added by 2002 PA 454, sections 76102, 76103, 76104, 76108,

 

76110, 76111, 76112, 76113, 76114, and 76118 as amended by 2001 PA

 

75, and section 76107 as amended by 2001 PA 155.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 63523. (1) When an application for a surface coal mining

 

and reclamation permit or renewal of an existing permit is

 

submitted, the applicant's advertisement of ownership, location,

 

and boundaries of the land to be affected shall be placed in a

 

local newspaper of general circulation in the locality of the

 

proposed surface coal mining operation for 4 consecutive weeks. The

 

department shall notify local units of government in the vicinity

 

of the proposed mining and reclamation area of the operator's

 

intention to conduct a surface mining operation indicating the

 

application's number and the county courthouse or township office

 

in which a copy of the proposed surface coal mining and reclamation

 

plan may be inspected. A local unit of government may submit

 

written comments within a period established by the department on

 

the mining applications with respect to the effect of the operation

 

proposed by the applicant on the environment that is within its

 

area of responsibility. The comments shall immediately be

 

transmitted to the applicant by the department and shall be made

 

available to the public at the same location as the mining

 

application.

 

     (2) In addition to the notice required in subsection (1), the

 

department shall notify the department of history, arts, and

 

libraries state of the operator's intention to conduct a surface

 

mining operation and shall provide the department of history, arts,

 

and libraries state with a copy of the permit application. Based on

 

the information required pursuant to section 63516(1)(r), the

 

department of history, arts, and libraries state shall determine

 

whether or not the proposed surface mining operation will adversely

 

affect a historic resource. The department of history, arts, and

 

libraries state may file written objection to the proposed surface

 

mining operation pursuant to subsection (3).

 

     (3) A person having an interest that is or may be adversely

 

affected by the operation proposed in the application and any

 

federal or state government agency or local unit of government is

 

entitled to may file written objections to the proposed initial or

 

revised application for a permit for surface coal mining and

 

reclamation operation with the department not later than 30 days

 

after the last publication of the notice required by subsection

 

(1). Those objections shall immediately be transmitted to the

 

applicant by the department and shall be made available to the

 

public.

 

     (4) Within 45 days after the last publication of the notice

 

provided in subsection (1), the applicant or any person with an

 

interest that is or may be adversely affected may request a hearing

 

on the application. The hearing shall be held within 30 days after

 

the expiration of the time allowed for submitting the request.

 

     (5) An action taken by the department with respect to a permit

 

application shall be conducted pursuant to chapters 4 and 5 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to

 

24.292.

 

     Sec. 63524. (1) The applicant for a permit or revision of a

 

permit has the burden of establishing that his or her application

 

is in compliance with all the requirements of this part. Within 3

 

days after the granting of a permit, but before the permit is

 

issued, the department shall notify the county clerk in each county

 

in which the land to be affected is located that a permit has been

 

issued and shall describe the location of the land.

 

     (2) An application for a permit or revision of a permit shall

 

not be approved unless the department finds, in writing, that all

 

the following requirements have been met:

 

     (a) The application is accurate and complete and complies with

 

all of the requirements of this part.

 

     (b) The applicant has demonstrated that reclamation as

 

required by this part can be accomplished under the reclamation

 

plan contained in the application.

 

     (c) An assessment of the probable cumulative impact of all

 

anticipated surface coal mining inside and outside the permit area

 

on the hydrologic balance, including quantitative and qualitative

 

analyses, has been made by the department, and the proposed

 

operation has been designed to prevent material damage to the

 

hydrologic balance inside and outside the permit area.

 

     (d) The area proposed to be mined is not included within an

 

area designated unsuitable for surface coal mining pursuant to this

 

part and is not within an area under study for this designation in

 

an administrative proceeding commenced pursuant to this part,

 

unless in the area as to which an administrative proceeding has

 

commenced, the applicant demonstrates that, prior to January 1,

 

1977, the applicant has made substantial legal and financial

 

commitments in relation to the operation for which the applicant is

 

applying for a permit.

 

     (e) If the ownership of the coal has been severed from the

 

private surface estate, the applicant has submitted to the

 

department either the written consent of the surface owner to the

 

extraction of coal by surface mining methods or a conveyance that

 

expressly grants or reserves the right to extract the coal by

 

surface mining methods. However, if the conveyance does not

 

expressly grant the right to extract coal by surface mining

 

methods, the surface-subsurface legal relationship shall be

 

determined in accordance with state law, except that this part does

 

not authorize the department to adjudicate property rights

 

disputes.

 

     (f) If the department of history, arts, and libraries state

 

determines that the proposed surface mining operation will

 

adversely affect a historic resource, the application is approved

 

jointly by the department, by the federal, state, or local agency

 

with jurisdiction over the historic resource, and by the department

 

of history, arts, and libraries state.

 

     (3) The applicant shall file, with the application, a schedule

 

listing all notices of violations of this part or other law of this

 

state and any law, rule, or regulation of the United States or of

 

any department or agency in the United States pertaining to air or

 

water environmental protection incurred by the applicant in

 

connection with a surface coal mining operation during the 3-year

 

period prior to the date of application. The schedule shall include

 

the final resolution of notice of the violation. If the schedule or

 

other information available to the department indicates that a

 

surface coal mining operation owned or controlled by the applicant

 

is currently in violation of this part or other laws referred to in

 

this subsection, the permit shall not be issued until the applicant

 

submits affidavits that the violation has been corrected or is in

 

the process of being corrected to the satisfaction of the

 

department or the agency that has jurisdiction over the violation

 

or that the notice of violation is being contested by the

 

applicant. A permit shall not be issued to an applicant after a

 

finding by the department, after opportunity for hearing, that the

 

applicant, or the operator specified in the application, controls

 

or has controlled mining operations with a demonstrated pattern of

 

violations of this part of such nature and duration with such

 

resulting pollution, impairment, or destruction to the environment

 

as to indicate an intent not to comply with this part.

 

     (4) If the area proposed to be mined contains agricultural

 

land, the department shall consult with the director of the

 

department of agriculture and the secretary of the United States

 

department of agriculture and shall not grant a permit to mine on

 

agricultural land unless the department finds in writing that the

 

operator has the technological capability to restore the mined area

 

and any other areas impacted by the surface coal mining operation

 

within a reasonable time to equivalent or higher levels of yield as

 

nonmined agricultural land in the surrounding area under equivalent

 

levels of management, and also finds that the applicant can meet

 

the soil reconstruction standards of this part.

 

     Sec. 63545. (1) The department shall promulgate rules

 

establishing a process for designating areas unsuitable for surface

 

coal mining. The rules shall include all of the following:

 

     (a) Surface coal mining land review.

 

     (b) Development of a data base and an inventory system that

 

will permit proper evaluation of the capacity of different land

 

areas of the state to support and permit reclamation of surface

 

coal mining operations.

 

     (c) Development, by rule, of a method for implementing land

 

use planning decisions concerning surface coal mining operations.

 

     (d) Development, by rule, of proper notice provisions and

 

opportunity for public participation, including a public hearing,

 

prior to making any designation or redesignation pursuant to this

 

section.

 

     (e) Procedures for determining whether an area proposed for

 

surface coal mining contains historic resources. These rules shall

 

be developed with the concurrence of the department of history,

 

arts, and libraries state and the department of natural resources.

 

     (2) On a petition submitted pursuant to subsection (3), the

 

department shall designate an area as unsuitable for all or certain

 

types of surface coal mining operations if the department

 

determines that reclamation pursuant to the requirements of this

 

part is not technologically and economically feasible. A surface

 

area may be designated unsuitable for certain types of surface coal

 

mining operations if those operations do any of the following:

 

     (a) Are incompatible with existing state or local land use

 

plans or programs.

 

     (b) Affect fragile land or historic resources resulting in

 

significant damage to important historic, cultural, scientific, and

 

aesthetic values and natural systems.

 

     (c) Affect renewable resource land, including aquifers and

 

aquifer recharge areas, resulting in a substantial loss or

 

reduction of long-range productivity of water supply or of food or

 

fiber products.

 

     (d) Affect natural hazard land, including areas subject to

 

frequent flooding and areas of unstable geology, substantially

 

endangering life and property.

 

     (e) Affect agricultural land by diminishing the productivity

 

of the land after reclamation to less than the productivity before

 

the site was mined.

 

     (f) Adversely affect an agricultural operation, including

 

planting, harvesting, transportation, processing, or other activity

 

included in the agricultural impact statement required by section

 

63516(1)(s).

 

     (3) Determinations of the unsuitability of land for surface

 

coal mining shall be integrated with present and future land use

 

planning and regulation processes at the federal, state, and local

 

levels. The requirements of this section do not apply to land on

 

which surface coal mining operations were being conducted on August

 

3, 1977, or under a permit issued pursuant to former 1982 PA 303,

 

or where substantial legal and financial commitments in the

 

operation or proposed operation were in existence prior to January

 

4, 1977.

 

     (4) A person having an interest that is or may be adversely

 

affected has the right to petition the department to have an area

 

designated as unsuitable for surface coal mining operations or to

 

have that designation terminated. The petition shall contain

 

allegations of facts with supporting evidence. Within 30 days after

 

receipt of the petition, the department shall hold a public hearing

 

in the locality of the affected area. After a person having an

 

interest that is or may be adversely affected has filed a petition

 

and before the hearing, any person may intervene by filing

 

allegations of facts with supporting evidence that would tend to

 

establish the allegations. Within 60 days after the hearing, the

 

department shall issue and furnish to the petitioner and any other

 

party to the hearing a written decision with reasons for the

 

decision. In the event that all the parties stipulate agreement

 

prior to the requested hearing and withdraw their request, the

 

hearing need not be held.

 

     (5) Before designating land areas as unsuitable for surface

 

coal mining operations, the department shall prepare a detailed

 

statement on the potential coal resources of the area, the demand

 

for coal resources, and the impact of the designation on the

 

environment, the economy, and the supply of coal.

 

     (6) After October 12, 1982, and subject to valid existing

 

rights, surface coal mining operations, except those that existed

 

on August 3, 1977, shall not be permitted that do any of the

 

following:

 

     (a) Adversely affect a publicly owned park or historic

 

resource unless approved jointly by the department and the federal,

 

state, or local agency with jurisdiction over the park or historic

 

resource and by the department of history, arts, and libraries

 

state.

 

     (b) Are within 100 feet of the outside right-of-way line of a

 

public road, except where mine access roads or haulage roads join

 

the right-of-way lines and except that the department may permit

 

these roads to be relocated or the area affected to lie within 100

 

feet of the public road, if, after public notice and opportunity

 

for public hearing in the locality, a written finding is made that

 

the interests of the public and the landowners affected by the

 

relocation will be protected.

 

     (c) Are within 300 feet of an occupied dwelling, unless waived

 

by the owner of the dwelling, or within 300 feet of any public

 

building, school, church, community, or institutional building, or

 

public park, or within 300 feet of a cemetery.

 

     (7) The department shall designate areas protected by part 351

 

as unsuitable for surface coal mining.

 

     (8) In administering this section, the department shall

 

consult with the department of natural resources.

 

     Sec. 72113. (1) The Great Lakes center for maritime studies at

 

western Michigan university, in conjunction with the department,

 

the department of history, arts, and libraries state, and the

 

Michigan 4-H youth conservation council, shall develop a plan for a

 

statewide recognition program to be known as the "Michigan heritage

 

water trail program". This program shall be designed to do all of

 

the following:

 

     (a) Establish a method for designating significant water

 

corridors in the state as Michigan heritage water trails.

 

     (b) Provide recognition for the historical, cultural,

 

recreational, and natural resource significance of Michigan

 

heritage water trails.

 

     (c) Establish methods for local units of government to

 

participate in programs that complement the designation of Michigan

 

heritage water trails.

 

     (d) Assure that private property rights along Michigan

 

heritage water trails are not disturbed or disrupted, or restricted

 

by the state or local units of government.

 

     (2) Within 1 year after the effective date of the amendatory

 

act that added this section By June 21, 2003, the center for

 

maritime studies at western Michigan university, in conjunction

 

with the department, the department of history, arts, and libraries

 

state, and the Michigan 4-H youth conservation council, shall

 

submit a copy of the plan developed under subsection (1) to the

 

standing committees of the legislature with jurisdiction primarily

 

pertaining to natural resources and the environment.

 

     Sec. 76102. (1) The state reserves to itself the exclusive

 

right and privilege, except as provided in this part, of exploring,

 

surveying, excavating, and regulating through its authorized

 

officers, agents, and employees, all aboriginal records and other

 

antiquities, including mounds, earthworks, forts, burial and

 

village sites, mines or other relics, and abandoned property of

 

historical or recreational value found upon or within any of the

 

lands owned by or under the control of the state.

 

     (2) The state reserves to itself a possessory right or title

 

superior to that of a finder to abandoned property of historical or

 

recreational value found on the state owned bottomlands of the

 

Great Lakes. This property shall belong to this state with

 

administration and protection jointly vested in the department and

 

the department of history, arts, and libraries state.

 

     Sec. 76103. (1) The underwater salvage and preserve committee

 

is created in the department to provide technical and other advice

 

to the department and the department of history, arts, and

 

libraries state with respect to their responsibilities under this

 

part.

 

     (2) The underwater salvage and preserve committee shall

 

consist of 9 members appointed as follows:

 

     (a) Two individuals appointed by the department who have

 

primary responsibility in the department for administering this

 

part.

 

     (b) Two individuals appointed by the director of the

 

department of history, arts, and libraries secretary of state who

 

have primary responsibility in the department of history, arts, and

 

libraries state for administering this part.

 

     (c) Five individuals appointed by the governor with the advice

 

and consent of the senate from the general public. Two of these

 

individuals shall have experience in recreational scuba diving.

 

     (3) An individual appointed to the committee shall serve for a

 

term of 3 years. A vacancy on the committee shall be filled in the

 

same manner as an original appointment and the term of a member

 

appointed to fill a vacancy shall be for 3 years. Members of the

 

committee shall serve without compensation, except for their

 

regular state salary where applicable.

 

     (4) The chairperson of the committee shall alternate between

 

the representatives from the department and the department of

 

history, arts, and libraries state. The chairperson shall be

 

designated by the department or the director of the department of

 

history, arts, and libraries secretary of state, whichever is

 

applicable from among his or her representatives on the committee.

 

The chairperson's term shall run for 12 months, from October 1

 

through September 30. The department shall appoint the first

 

chairperson of the committee for a term ending September 30, 1989.

 

The chairperson shall call meetings as necessary but not less than

 

4 times per year, set the agenda for meetings, ensure that adequate

 

minutes are taken, and file an annual report of committee

 

proceedings with the head of the department of natural resources

 

and the director of the department of history, arts, and libraries

 

secretary of state.

 

     (5) The committee is an advisory body and may perform all of

 

the following functions:

 

     (a) Make recommendations with regard to the creation and

 

boundaries of Great Lakes underwater preserves.

 

     (b) Review applications for underwater salvage permits and

 

make recommendations regarding issuance.

 

     (c) Consider and make recommendations regarding the charging

 

of permit fees and the appropriate use of revenue generated by

 

those fees.

 

     (d) Consider the need for and the content of rules intended to

 

implement this part and make recommendations concerning the

 

promulgation of rules.

 

     (e) Consider and make recommendations concerning appropriate

 

legislation.

 

     (f) Consider and make recommendations concerning program

 

operation.

 

     (6) The committee shall not replace or supersede the

 

responsibility or authority of the department of history, arts, and

 

libraries state or the department to carry out their

 

responsibilities under this part.

 

     Sec. 76104. A deed, as provided by this part, given by this

 

state, except state tax deeds for the conveyance of any land owned

 

by the state, shall contain a clause reserving to this state a

 

property right in aboriginal antiquities including mounds,

 

earthworks, forts, burial and village sites, mines, or other relics

 

and also reserving the right to explore and excavate for the

 

aboriginal antiquity by and through this state's authorized agent

 

and employee. This section applies only to the sale of tax reverted

 

land. The department, with the approval of the department of

 

history, arts, and libraries state, may waive this reservation when

 

conveying platted property and when making conveyances under

 

subpart 3 of part 21.

 

     Sec. 76105. (1) A person, either personally or through an

 

agent or employee, shall not explore or excavate an aboriginal

 

remain covered by this part upon lands owned by the state, except

 

as authorized by a permit issued by the department, with written

 

approval of the department of history, arts, and libraries state,

 

pursuant to part 13. A permit shall be issued without charge.

 

     (2) Subsection (1) does not apply to the Mackinac Island state

 

park commission on lands owned or controlled by the Mackinac Island

 

state park commission.

 

     Sec. 76107. (1) Except as provided in section 76108, a person

 

shall not recover, alter, or destroy abandoned property which is

 

in, on, under, or over the bottomlands of the Great Lakes,

 

including those within a Great Lakes bottomlands preserve, unless

 

the person has a permit issued jointly by the department of

 

history, arts, and libraries state and the department under section

 

76109.

 

     (2) A person who recovers abandoned property without a permit

 

when a permit is required by this part shall transmit the property

 

to the department of history, arts, and libraries state and the

 

recovered property shall be the property of the department of

 

history, arts, and libraries state.

 

     (3) A person shall not remove, convey, mutilate, or deface a

 

human body or the remains of a human body located on the

 

bottomlands of the Great Lakes. This subsection does not apply to a

 

person who removes or conveys a human body or the remains of a

 

human body pursuant to a court order, pursuant to the written

 

consent of the decedent's next of kin if the decedent's death

 

occurred less than 100 years before the removal or conveying, or to

 

a person who removes or conveys the body for law enforcement,

 

medical, archaeological, or scientific purposes. A person who

 

violates this subsection is guilty of a felony punishable by

 

imprisonment for not more than 10 years or a fine of not more than

 

$5,000.00, or both.

 

     (4) A person who violates subsection (1) is guilty of a crime

 

as follows:

 

     (a) If the value of the property is less than $200.00, the

 

person is guilty of a misdemeanor punishable by imprisonment for

 

not more than 93 days or a fine of not more than $500.00, or 3

 

times the aggregate value of the property involved, whichever is

 

greater, or both imprisonment and a fine.

 

     (b) If any of the following apply, the person is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $2,000.00 or 3 times the value of the

 

property involved, whichever is greater, or both imprisonment and a

 

fine:

 

     (i) The value of the property involved is $200.00 or more but

 

less than $1,000.00.

 

     (ii) The person violates subdivision (a) and has 1 or more

 

prior convictions for committing or attempting to commit an offense

 

under this section.

 

     (c) If any of the following apply, the person is guilty of a

 

felony punishable by imprisonment for not more than 5 years or a

 

fine of not more than $10,000.00 or 3 times the value of the

 

property involved, whichever is greater, or both imprisonment and a

 

fine:

 

     (i) The value of the property involved is $1,000.00 or more but

 

less than $20,000.00.

 

     (ii) The person violates subdivision (b)(i) and has 1 or more

 

prior convictions for violating or attempting to violate this

 

section. For purposes of this subparagraph, however, a prior

 

conviction does not include a conviction for a violation or

 

attempted violation of subdivision (a) or (b)(ii).

 

     (d) If any of the following apply, the person is guilty of a

 

felony punishable by imprisonment for not more than 10 years or a

 

fine of not more than $15,000.00 or 3 times the value of the

 

property involved, whichever is greater, or both imprisonment and a

 

fine:

 

     (i) The property involved has a value of $20,000.00 or more.

 

     (ii) The person violates subdivision (c)(i) and has 2 or more

 

prior convictions for committing or attempting to commit an offense

 

under this section. For purposes of this subparagraph, however, a

 

prior conviction does not include a conviction for a violation or

 

attempted violation of subdivision (a) or (b)(ii).

 

     (5) The values of property recovered or destroyed in separate

 

incidents pursuant to a scheme or course of conduct within any 12-

 

month period may be aggregated to determine the total value of the

 

property recovered or destroyed.

 

     (6) If the prosecuting attorney intends to seek an enhanced

 

sentence based upon the defendant having 1 or more prior

 

convictions, the prosecuting attorney shall include on the

 

complaint and information a statement listing the prior conviction

 

or convictions. The existence of the defendant's prior conviction

 

or convictions shall be determined by the court, without a jury, at

 

sentencing or at a separate hearing for that purpose before

 

sentencing. The existence of a prior conviction may be established

 

by any evidence relevant for that purpose, including, but not

 

limited to, 1 or more of the following:

 

     (a) A copy of the judgment of conviction.

 

     (b) A transcript of a prior trial, plea-taking, or sentencing.

 

     (c) Information contained in a presentence report.

 

     (d) The defendant's statement.

 

     (7) If the sentence for a conviction under this section is

 

enhanced by 1 or more prior convictions, those prior convictions

 

shall not be used to further enhance the sentence for the

 

conviction pursuant to section 10, 11, or 12 of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and

 

769.12.

 

     Sec. 76108. (1) A person may recover abandoned property

 

outside a Great Lakes bottomlands preserve without a permit if the

 

abandoned property is not attached to, nor located on, in, or

 

located in the immediate vicinity of and associated with a sunken

 

aircraft or watercraft and if the abandoned property is recoverable

 

by hand without mechanical or other assistance.

 

     (2) A person who recovers abandoned property valued at more

 

than $10.00 without a permit pursuant to subsection (1) shall file

 

a written report within 30 days after removal of the property with

 

the department or the department of history, arts, and libraries

 

state if the property has been abandoned for more than 30 years.

 

The written report shall list all recovered property that has been

 

abandoned for more than 30 years and the location of the property

 

at the time of recovery. For a period of 90 days after the report

 

is filed, the person shall make the recovered property available to

 

the department and the department of history, arts, and libraries

 

state for inspection at a location in this state. If the department

 

of history, arts, and libraries state determines that the recovered

 

property does not have historical value, the department of history,

 

arts, and libraries state shall release the property to the person

 

by means of a written instrument.

 

     Sec. 76109. (1) A person shall not recover abandoned property

 

located on, in, or located in the immediate vicinity of and

 

associated with a sunken aircraft or watercraft except as

 

authorized by a permit issued by the department and the department

 

of history, arts, and libraries state pursuant to part 13.

 

     (2) Notwithstanding section 1303(1), a person shall file an

 

application for a permit with the department on a form prescribed

 

by the department and approved by the department of history, arts,

 

and libraries state. The application shall contain all of the

 

following information:

 

     (a) The name and address of the applicant.

 

     (b) The name, if known, of the watercraft or aircraft on or

 

around which recovery operations are to occur and a current

 

photograph or drawing of the watercraft or aircraft, if available.

 

     (c) The location of the abandoned property to be recovered and

 

the depth of water in which it may be found.

 

     (d) A description of each item to be recovered.

 

     (e) The method to be used in recovery operations.

 

     (f) The proposed disposition of the abandoned property

 

recovered, including the location at which it will be available for

 

inspection by the department and the department of history, arts,

 

and libraries state.

 

     (g) Other information which the department or the department

 

of history, arts, and libraries state considers necessary in

 

evaluating the request for a permit.

 

     (3) An application for a permit is not complete until all

 

information requested on the application form and any other

 

information requested by the department or the department of

 

history, arts, and libraries state has been received by the

 

department. After receipt of an otherwise complete application, the

 

department may request additional information or documents as are

 

determined to be necessary to make a decision to grant or deny a

 

permit.

 

     (4) The department and the department of history, arts, and

 

libraries state shall approve or deny an application for a permit

 

with the advice of the committee. A condition to the approval of an

 

application shall be in writing on the face of the permit. The

 

department and the department of history, arts, and libraries state

 

may impose such conditions as are considered reasonable and

 

necessary to protect the public trust and general interests,

 

including conditions that accomplish 1 or more of the following:

 

     (a) Protect and preserve the abandoned property to be

 

recovered, and the recreational value of the area in which recovery

 

is being accomplished.

 

     (b) Assure reasonable public access to the abandoned property

 

after recovery.

 

     (c) Conform with rules applying to activities within a Great

 

Lakes bottomlands preserve.

 

     (d) Prohibit injury, harm, and damage to a bottomlands site or

 

abandoned property not authorized for removal during and after

 

salvage operations by the permit holder.

 

     (e) Prohibit or limit the amount of discharge of possible

 

pollutants, such as floating timbers, planking, and other debris,

 

which may emanate from the shipwreck, plane wreck, or salvage

 

equipment.

 

     (f) Require the permit holder to submit a specific removal

 

plan prior to commencing any salvaging activities. Among other

 

matters considered appropriate by either the department or the

 

department of history, arts, and libraries state, or both, the

 

removal plan may be required to ensure the safety of those removing

 

or assisting in the removal of the abandoned property and to

 

address how the permit holder proposes to prevent, minimize, or

 

mitigate potential adverse effects upon the abandoned property to

 

be removed, that portion of the abandoned property which is not to

 

be removed, and the surrounding geographic features.

 

     (5) The department shall approve an application for a permit

 

unless the department determines that the abandoned property to be

 

recovered has substantial recreational value in itself or in

 

conjunction with other abandoned property in its vicinity

 

underwater, or the recovery of abandoned property would not comply

 

with rules applying to a Great Lakes bottomlands preserve.

 

     (6) The department of history, arts, and libraries state shall

 

approve the application for a permit unless the department of

 

history, arts, and libraries state determines that the abandoned

 

property to be recovered has substantial historical value in itself

 

or in conjunction with other abandoned property in its vicinity. If

 

the property has substantial historical value, the department of

 

history, arts, and libraries state, pursuant to subsection (4), may

 

impose a condition on the permit requiring the permittee to turn

 

over recovered property to the department of history, arts, and

 

libraries state for the purpose of preserving the property or

 

permitting public access to the property. The department of

 

history, arts, and libraries state may authorize the display of the

 

property in a public or private museum or by a local unit of

 

government. In addition to the conditions authorized by subsection

 

(4), the department of history, arts, and libraries state may

 

provide for payment of salvage costs in connection with the

 

recovery of the abandoned property.

 

     (7) A person shall not recover cargo situated on, in, or

 

associated with an abandoned watercraft that is located outside of

 

a Great Lakes bottomlands preserve except as authorized by a permit

 

issued pursuant to this section and part 13. Subject to subsection

 

(4), the permit shall be issued to the first person applying for

 

the permit. However, only the person who discovered the abandoned

 

watercraft may apply for a permit during the first 90 days after

 

the discovery. When a watercraft containing cargo is simultaneously

 

discovered by more than 1 person, a permit shall be approved with

 

respect to the first person or persons jointly applying for a

 

permit.

 

     (8) A person aggrieved by a condition contained on a permit or

 

by the denial of an application for a permit may request an

 

administrative review of the condition or the denial by the

 

commission department or the department of history, arts, and

 

libraries state, whichever disapproves the application or imposes

 

the condition. A person shall file the request for review with the

 

commission department or the department of history, arts, and

 

libraries state, whichever is applicable, within 90 days after the

 

permit application is submitted to the department. An

 

administrative hearing conducted pursuant to this subsection shall

 

be conducted under the procedures set forth in chapter 4 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to

 

24.287. If neither the department nor the department of history,

 

arts, and libraries state approves the application and an

 

administrative review is requested from both the commission

 

department and the department of history, arts, and libraries

 

state, the appeals shall be combined upon request of the appellant

 

or either the commission department or the department of history,

 

arts, and libraries state and a single administrative hearing shall

 

be conducted. The commission department and the department of

 

history, arts, and libraries state shall issue jointly the final

 

decision and order in the case.

 

     (9) A permit issued under this section is valid until December

 

31 of the year in which the application for the permit was filed

 

and is not renewable. If an item designated in a permit for

 

recovery is not recovered, a permit holder may, upon request

 

following the expiration of the permit, be issued a new permit to

 

remove the same abandoned property if the permit holder

 

demonstrates that diligence in attempting recovery was exercised

 

under the previously issued permit.

 

     (10) A permit issued under this section shall not be

 

transferred or assigned unless the assignment is approved in

 

writing by both the department and the department of history, arts,

 

and libraries state.

 

     Sec. 76110. (1) Within 10 days after recovery of abandoned

 

property, a person with a permit issued pursuant to section 76109

 

shall report the recovery in writing to the department. The person

 

recovering the abandoned property shall give authorized

 

representatives of the department and the department of history,

 

arts, and libraries state an opportunity to examine the abandoned

 

property for a period of 90 days after recovery. Recovered

 

abandoned property shall not be removed from this state without

 

written approval of the department and the department of history,

 

arts, and libraries state. If the recovered abandoned property is

 

removed from the state without written approval, the attorney

 

general, upon request from the department or the department of

 

history, arts, and libraries state, shall bring an action for the

 

recovery of the property.

 

     (2) If the department of history, arts, and libraries state

 

determines that the recovered abandoned property does not have

 

historical value, the department of history, arts, and libraries

 

state shall release the property to the person holding the permit

 

by means of a written instrument.

 

     Sec. 76111. (1) Subject to subsection (7), the department of

 

environmental quality shall establish Great Lakes bottomlands

 

preserves by rule. A Great Lakes bottomlands preserve shall be

 

established by emergency rule if it is determined by the department

 

that this action is necessary to immediately protect an object or

 

area of historical or recreational value.

 

     (2) A Great Lakes bottomlands preserve may be established

 

whenever a bottomlands area includes a single watercraft of

 

significant historical value, includes 2 or more abandoned

 

watercraft, or contains other features of archaeological,

 

historical, recreational, geological, or environmental

 

significance. Bottomlands areas containing few or no watercraft or

 

other features directly related to the character of a preserve may

 

be excluded from preserves.

 

     (3) In establishing a Great Lakes bottomlands preserve, the

 

department of environmental quality shall consider all of the

 

following factors:

 

     (a) Whether creating the preserve is necessary to protect

 

either abandoned property possessing historical or recreational

 

value, or significant underwater geological or environmental

 

features.

 

     (b) The extent of local public and private support for

 

creation of the preserve.

 

     (c) Whether a preserve development plan has been prepared by a

 

state or local agency.

 

     (d) The extent to which preserve support facilities such as

 

roads, marinas, charter services, hotels, medical hyperbaric

 

facilities, and rescue agencies have been developed in or are

 

planned for the area.

 

     (4) The department of environmental quality and the department

 

of history, arts, and libraries state shall not grant a permit to

 

recover abandoned artifacts within a Great Lakes bottomlands

 

preserve except for historical or scientific purposes or when the

 

recovery will not adversely affect the historical, cultural, or

 

recreational integrity of the preserve area as a whole.

 

     (5) An individual Great Lakes bottomlands preserve shall not

 

exceed 400 square miles in area. Great Lakes bottomlands preserves

 

shall be limited in total area to not more than 10% of the Great

 

Lakes bottomlands within this state. However, the limitations

 

provided in this subsection do not apply to the Thunder Bay Great

 

Lakes bottomland preserve established in subsection (7).

 

     (6) Upon the approval of the committee, not more than 1 vessel

 

associated with Great Lakes maritime history may be sunk

 

intentionally within a Great Lakes bottomlands preserve. However,

 

state money shall not be expended to purchase, transport, or sink

 

the vessel.

 

     (7) The Thunder Bay Great Lakes state bottomland preserve

 

established under R 299.6001 of the Michigan administrative code

 

shall have boundaries identical with those described in 15 C.F.R.

 

922.190 for the Thunder Bay national marine sanctuary and

 

underwater preserve. As long as the Thunder Bay national marine

 

sanctuary and underwater preserve remains a designated national

 

marine sanctuary, the right and privilege to explore, survey,

 

excavate, and regulate abandoned property of historical or

 

recreational value found upon or within the lands owned by or under

 

control of the state within those boundaries shall be jointly

 

managed and regulated by the department of environmental quality

 

and the national oceanic and atmospheric administration. However,

 

this subsection shall not be construed to convey any ownership

 

right or interest from the state to the federal government of

 

abandoned property of historical or recreational value found upon

 

or within the lands owned by or under control of the state.

 

     Sec. 76112. (1) The department and the department of history,

 

arts, and libraries state, jointly or separately, may promulgate

 

rules as are necessary to implement this part.

 

     (2) Within each Great Lakes bottomlands preserve, the

 

department and the department of history, arts, and libraries state

 

may jointly promulgate rules that govern access to and use of a

 

Great Lakes bottomlands preserve. These rules may regulate or

 

prohibit the alteration, destruction, or removal of abandoned

 

property, features, or formations within a preserve.

 

     Sec. 76113. Sections 76107 to 76110 shall not be considered to

 

impose the following limitations:

 

     (a) A limitation on the right of a person to engage in diving

 

for recreational purposes in and upon the Great Lakes or the

 

bottomlands of the Great Lakes.

 

     (b) A limitation on the right of the department or the

 

department of history, arts, and libraries state to recover, or to

 

contract for the recovery of, abandoned property in and upon the

 

bottomlands of the Great Lakes.

 

     (c) A limitation on the right of a person to own either

 

abandoned property recovered before July 2, 1980 or abandoned

 

property released to a person after inspection.

 

     Sec. 76114. (1) If the department or the department of

 

history, arts, and libraries state finds that the holder of a

 

permit issued pursuant to section 76105 or 76109 is not in

 

compliance with this part, a rule promulgated under this part, or a

 

provision of or condition in the permit, or has damaged abandoned

 

property or failed to use diligence in attempting to recover

 

property for which a permit was issued, the department or the

 

department of history, arts, and libraries state, individually or

 

jointly, may summarily suspend or revoke the permit. If the permit

 

holder requests a hearing within 15 days following the effective

 

date of the suspension or revocation, the commission department or

 

the department of history, arts, and libraries state shall conduct

 

an administrative hearing pursuant to chapter 4 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to

 

24.287, to consider whether the permit should be reinstated.

 

     (2) The attorney general, on behalf of the department or the

 

department of history, arts, and libraries state, individually or

 

jointly, may commence a civil action in circuit court to enforce

 

compliance with this part, to restrain a violation of this part or

 

any action contrary to a decision denying a permit, to enjoin the

 

further removal of artifacts, geological material, or abandoned

 

property, or to order the restoration of an affected area to its

 

prior condition.

 

     Sec. 76118. (1) The underwater preserve fund is created as a

 

separate fund in the state treasury, and it may receive revenue as

 

provided in this part, or revenue from any other source.

 

     (2) Money in the underwater preserve fund shall be

 

appropriated for only the following purposes:

 

     (a) To the department of history, arts, and libraries state

 

for the development of maritime archaeology and for the promotion

 

of Great Lakes bottomlands preserves in this state.

 

     (b) To the department for the enforcement of this part.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 503                                    

 

          of the 95th Legislature is enacted into law.