SENATE BILL NO. 981


  March 3, 1998, Introduced by Senators MC MANUS, BENNETT, 
       STEIL and JAYE and referred to the Committee on Hunting,    Fishing and Forestry.
     


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending sections 51701 and 51702 (MCL 324.51701 and

   324.51702), as added by 1995 PA 57.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 51701.  The state or a department, bureau, board,
             com-

 2     mission, or other agency of the state or a political
                       subdivision

 3     of the state shall not enact, adopt, promulgate, enforce, or

 4     practice any law, rule, policy, or concept that creates or
                       tends

 5     to create a condition that promotes, fosters, or leads or
                       may

 6     tend to promote, foster, or lead to the beginning or
                       spreading of

 7     a forest fire that could jeopardize the public trust in the
                       for-

 8     ests of the state or any private land contiguous to the
                       forests

 9     of the state, except as may be required for the protection
                       of the

10     public health, safety, and welfare, or as prescribed for
                       forest


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 1    management or wildlife management programs under the
             authority of

 2     the department.  AS USED IN THIS PART:

 3         (A) "DEPARTMENT" MEANS THE DIRECTOR OF THE DEPARTMENT OF

 4    NATURAL RESOURCES OR HIS OR HER DESIGNEE.

 5         (B) "PRESCRIBED BURN" MEANS A FIRE THAT IS INTENTIONALLY SET

 6    BY THE DEPARTMENT IN A FOREST AREA ON STATE OWNED PROPERTY OR

 7    PRIVATELY OWNED PROPERTY TO ASSIST THE DEPARTMENT IN IMPLEMENTING

 8    1 OR MORE LAND USE MANAGEMENT GOALS.

 9         SEC. 51702.  (1) THE STATE OR A DEPARTMENT, BUREAU, BOARD,

10    COMMISSION, OR OTHER AGENCY OF THE STATE OR A POLITICAL SUBDIVI-

11    SION OF THE STATE SHALL NOT ENACT, ADOPT, PROMULGATE, ENFORCE, OR

12    PRACTICE ANY LAW, RULE, POLICY, OR CONCEPT THAT CREATES OR TENDS

13    TO CREATE A CONDITION THAT PROMOTES, FOSTERS, OR LEADS OR MAY

14    TEND TO PROMOTE, FOSTER, OR LEAD TO THE BEGINNING OR SPREADING OF

15    A FOREST FIRE THAT COULD JEOPARDIZE THE PUBLIC TRUST IN THE FOR-

16    ESTS OF THE STATE OR ANY PRIVATE LAND CONTIGUOUS TO THE FORESTS

17    OF THE STATE, EXCEPT AS MAY BE REQUIRED FOR THE PROTECTION OF THE

18    PUBLIC HEALTH, SAFETY, AND WELFARE, OR AS PRESCRIBED FOR FOREST

19    MANAGEMENT OR WILDLIFE MANAGEMENT PROGRAMS UNDER THE AUTHORITY OF

20    THE DEPARTMENT.

21         (2) THE DEPARTMENT SHALL NOT CONDUCT A PRESCRIBED BURN TO

22    CREATE PRAIRIE.

23         (3) To the extent authorized by law, all acts and parts of

24    acts or rules promulgated pursuant to acts or parts that are

25    inconsistent with this part are repealed.







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