Act No. 112
Public Acts of 1997
Approved by the Governor
August 20, 1997
Filed with the Secretary of State
August 20, 1997
EFFECTIVE DATE: August 20, 1997
STATE OF MICHIGAN
89TH LEGISLATURE
REGULAR SESSION OF 1997
Introduced by Senators McManus, Gast, Conroy and Hoffman
ENROLLED SENATE BILL No. 168
AN ACT to make appropriations for the department of natural resources for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
The People of the State of Michigan enact:
Sec. 101. There is appropriated for the department of natural resources for the fiscal year ending September 30, 1998, from the following funds:
DEPARTMENT OF NATURAL RESOURCES
TOTAL APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,330.5
GROSS APPROPRIATION $ 217,711,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 7,659,900
ADJUSTED GROSS APPROPRIATION $ 210,051,300
Federal revenues:
Total federal revenues 19,109,700
Special revenue funds:
Total local revenues 0
Total private revenues 2,165,900
Total other state restricted revenues 140,389,600
State general fund/general purpose $ 48,386,100
OPERATIONS APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,330.5
GROSS APPROPRIATION $ 217,711,200
Interdepartmental grant revenues:
IDG, engineering services to work orders 994,400
IDG from MDOT, state trunkline fund 35,500
IDG, MacMullan conference center revenue 1,316,400
IDG, land acquisition services to work orders 818,300
IDT, interdivisional charges 4,495,300
Total interdepartmental grants and intradepartmental transfers 7,659,900
ADJUSTED GROSS APPROPRIATION $ 210,051,300
Federal revenues:
DAG, federal 2,273,500
DOC, federal 42,400
DOD, federal 111,700
DOE, federal 1,000
DOI, federal 14,256,900
DOT, federal 2,361,600
EPA, federal 42,400
IGLFC, federal 20,200
Total federal revenues 19,109,700
Special revenue funds:
Private funds 1,665,900
Private - gift revenues 500,000
Total private revenues 2,165,900
Aircraft fees 101,700
Air photo fees 1,527,800
Airport and park operation fees 40,000
Automated license system revenue 402,300
Commercial fishing fee revenue 200
Delinquent property tax administration fund 719,600
Farmland and open space withdrawal fees 525,700
Forest camping fee revenue 792,100
Forest resource revenue 20,125,300
Game and fish protection fund 45,313,500
Game and fish protection fund - deer habitat reserve 1,661,300
Game and fish protection fund - turkey permit fees 926,500
Game and fish protection fund - waterfowl fees 111,000
Game and fish wildlife resource protection fund 1,008,700
Harbor development fund 219,000
Land exchange facilitation fund 5,290,800
Land sale revenue 1,986,200
Mackinac Island state park fund 1,540,000
Marine safety fund 4,804,100
Michigan civilian conservation corps endowment fund 1,011,100
Michigan geographic information system revenue 366,100
Michigan state waterways fund 11,606,200
Michigan natural resources trust fund 1,728,800
Michigan state parks endowment fund 4,372,500
Motor fuel sales revenue 600,000
Natural resources magazine fund 52,400
Nongame wildlife fund 744,200
Off-road vehicle trail improvement fund 1,628,700
Park improvement fund 24,468,300
Publication revenue 100,000
Recreation improvement fund 1,386,800
Shop fees 50,400
Snowmobile registration fee revenue $ 593,800
Snowmobile trail improvement fund 4,577,300
Other restricted revenues 7,200
Total other state restricted revenues 140,389,600
State general fund/general purpose $ 48,386,100
EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 20.0
Commission (including travel expense - per diem) $ 75,000
Unclassified salaries 382,700
Executive direction 1,572,400
Office of information and education 662,100
GROSS APPROPRIATION $ 2,692,200
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 14,700
Special revenue funds:
Delinquent property tax 3,900
Farmland and open space withdrawal fees 4,000
Forest resource revenue 161,200
Game and fish protection fund 681,400
Land exchange facilitation fund 6,200
Land sale fund 36,100
Mackinac Island state park fund 17,700
Marine safety fund 29,000
Michigan geographic information system revenue 1,000
Michigan state waterways fund 252,200
Michigan state parks endowment fund 8,200
Natural resources magazine fund 52,400
Off-road vehicle trail improvement fund 2,300
Park improvement fund 453,000
Snowmobile registration fee revenue 2,300
Snowmobile trail improvement fund 13,000
Other restricted revenues 2,500
State general fund/general purpose $ 951,100
ADMINISTRATIVE SERVICES
Full-time equated classified positions 212.0
Budget and program support $ 6,376,000
Internal audit 689,900
Field program support 5,965,600
Management information 3,922,000
Human resources 1,309,400
Office of litigation and program services 637,800
GROSS APPROPRIATION $ 18,900,700
Appropriated from:
Interdepartmental grant revenues:
IDT, interdivisional charges 4,328,600
IDG, MacMullan conference center revenue 7,400
Federal revenues:
DOI, federal 108,300
Special revenue funds:
Aircraft fees 101,700
Automated license system revenue 402,300
Farmland and open space withdrawal fees 3,400
Forest resource revenue 596,300
Game and fish protection fund $ 3,555,400
Land exchange facilitation fund 2,500
Land sale revenue 21,000
Mackinac Island state park fund 15,800
Marine safety fund 210,000
Michigan civilian conservation corp endowment fund 2,800
Michigan natural resources trust fund 472,100
Michigan state parks endowment fund 16,300
Michigan state waterways fund 631,700
Off-road vehicle trail improvement fund 47,600
Park improvement fund 604,900
Publications revenue 100,000
Recreation improvement fund 4,700
Snowmobile registration fee revenue 57,400
Snowmobile trail improvement fund 65,600
Other restricted revenues 4,700
State general fund/general purpose $ 7,540,200
DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges $ 1,650,600
Rent - privately owned property 665,300
Gifts and bequests 500,000
GROSS APPROPRIATION $ 2,815,900
Appropriated from:
Special revenue funds:
Private - gift revenues 500,000
Forest resource revenue 170,300
Game and fish protection fund 563,100
Land sale revenue 39,000
Mackinac Island state park fund 24,500
Marine safety fund 36,300
Michigan state waterways fund 197,300
Michigan natural resources trust fund 9,500
Park improvement fund 84,500
Snowmobile trail improvement fund 15,800
State general fund/general purpose $ 1,175,600
WILDLIFE MANAGEMENT
Full-time equated classified positions 198.0
Wildlife administration $ 1,670,400
Wildlife management 14,639,800
Natural resources heritage 1,514,700
State game and wildlife area maintenance 525,000
Federal lands biological inventory 101,000
GROSS APPROPRIATION $ 18,450,900
Appropriated from:
Federal revenues:
DOD, federal 101,000
DOI, federal 6,451,200
Special revenue funds:
Private funds 101,200
Game and fish protection fund 8,178,100
Game and fish protection fund - deer habitat reserve 1,661,300
Game and fish protection fund - turkey permit fees 926,500
Game and fish protection fund - waterfowl fees 111,000
Nongame wildlife fund 544,200
State general fund/general purpose $ 376,400
FISHERIES MANAGEMENT
Full-time equated classified positions 244.0
Fisheries administration $ 1,256,300
Commercial fisheries 186,100
Recreational fisheries 1,663,400
Fish production 6,778,200
Fisheries resource management 10,003,300
Treaty waters management fund work project 138,200
Stream habitat improvement 1,122,800
GROSS APPROPRIATION $ 21,148,300
Appropriated from:
Federal revenues:
DOE, federal 1,000
DOC, federal 42,400
DOI, federal 5,947,100
EPA, federal 1,000
IGLFC, federal 20,200
Special revenue funds:
Commercial fishing fee revenue 200
Game and fish protection fund 14,998,200
State general fund/general purpose $ 138,200
PARKS AND RECREATION
Full-time equated classified positions 894.0
State parks $ 35,301,400
MacMullan conference center 1,294,300
Nonmotorized trails 184,900
Docks and harbor development 2,093,600
Public access sites 8,444,000
Michigan civilian conservation corps 2,230,200
Engineering 1,199,000
Cost of marine fuel purchase for resale 600,000
GROSS APPROPRIATION $ 51,347,400
Appropriated from:
Interdepartmental grant revenues:
IDG, engineering services to work orders 994,400
IDG, MacMullan conference center revenue 1,294,300
IDT, interdivisional charges 166,700
Special revenue funds:
Private funds 255,400
Harbor development fund 219,000
Michigan civilian conservation corps endowment fund 1,008,300
Michigan state parks endowment fund 3,928,100
Michigan state waterways fund 10,355,000
Motor fuel sales revenue 600,000
Park improvement fund 23,325,900
State general fund/general purpose $ 9,200,300
MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions 55.0
Mackinac Island park operation $ 1,551,400
Historical facilities system 1,856,600
GROSS APPROPRIATION $ 3,408,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, state trunkline fund 35,500
Special revenue funds:
Airport and park operation fees 40,000
| Mackinac Island state park fund | $ | 1,482,000 |
| State general fund/general purpose | $ | 1,850,500 |
FOREST RESOURCE MANAGEMENT
Full-time equated classified positions 359.0
Timber harvest $ 7,914,200
Forest cultivation and reforestation 3,915,900
Forest resource planning and land use 2,905,400
Private forest development 860,800
Forest finance authority 1,640,500
Forest fire protection 9,555,000
Forest recreation 1,766,300
Forest management initiative 1,100,000
Trails 2,226,900
Abandoned mineshaft closures 100,000
Forest fire equipment 500,000
GROSS APPROPRIATION $ 32,485,000
Appropriated from:
Federal revenues:
DAG, federal 1,148,500
DOD, federal 10,700
EPA, federal 41,400
Special revenue funds:
Private funds 759,300
Forest camping fee revenue 792,100
Forest resource revenue 19,120,800
Game and fish protection fund 608,300
Marine safety fund 110,800
Off-road vehicle trail improvement fund 341,900
Recreation improvement fund 282,100
Shop fees 50,400
Snowmobile trail improvement fund 1,602,900
State general fund/general purpose $ 7,615,800
REAL ESTATE
Full-time equated classified positions 77.0
Records and services $ 2,420,200
Minerals lease management 1,496,400
Land acquisition and exchange 6,286,000
Urban tax reverted residential property rehabilitation 20,000
Michigan resource inventory system 2,332,200
Farmland and open space preservation 518,300
Geological mapping 248,000
GROSS APPROPRIATION $ 13,321,100
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services to work orders 818,300
Special revenue funds:
Air photo fees 1,527,800
Delinquent property tax administration fund 715,700
Farmland and open space withdrawal fees 518,300
Forest resource revenue 76,700
Game and fish protection fund 117,200
Land exchange facilitation fund 5,282,100
Land sale revenue 1,890,100
Michigan geographic information system revenue 365,100
Michigan natural resources trust fund 847,200
| Michigan state parks endowment fund | $ | 369,900 |
| State general fund/general purpose | $ | 792,700 |
LAW ENFORCEMENT
Full-time equated classified positions 271.5
Wildlife resource protection $ 1,008,700
General law enforcement 22,962,400
GROSS APPROPRIATION $ 23,971,100
Appropriated from:
Federal revenues:
DOI, federal 725,300
DOT, federal 1,861,600
Special revenue funds:
Game and fish wildlife resource protection fund 1,008,700
Game and fish protection fund 14,392,800
Marine safety fund 1,188,000
Off-road vehicle trail improvement fund 356,400
Snowmobile registration fee revenue 329,100
State general fund/general purpose $ 4,109,200
PAYMENTS IN LIEU OF TAXES
Swamp and tax reverted lands $ 7,121,500
Purchased lands taxes/open space payments 7,832,600
Commercial forest reserve 2,841,700
GROSS APPROPRIATION $ 17,795,800
Appropriated from:
Special revenue funds:
Game and fish protection fund 1,669,000
Michigan natural resources trust fund 400,000
Michigan state waterways fund 170,000
State general fund/general purpose $ 15,556,800
GRANTS
Grant to counties - marine safety $ 3,230,000
Federal - land and water conservation fund payments 800,000
Federal - forest stewardship grants 625,000
Federal - urban forestry grants 400,000
Federal - clean vessel act grants 175,000
Federal - rural community fire protection/dry hydrant demonstration projects 100,000
Recreation improvement fund grants 1,100,000
Snowmobile local grants program 2,880,000
Snowmobile law enforcement grants 205,000
Off-road vehicle trail improvement grants 880,500
Natural resources and cultural research grants 50,000
National recreational trails 550,000
Game & nongame wildlife fund grants 300,000
Inland fisheries resources grants 200,000
Small range program grants 50,000
Great Lakes fishery challenge grant 750,000
GROSS APPROPRIATION $ 12,295,500
Appropriated from:
Federal revenues:
DAG, federal 1,125,000
DOI, federal 1,025,000
DOT, federal 500,000
Special revenue funds:
Private funds 550,000
Game and fish protection fund 550,000
Marine safety fund $ 3,230,000
Michigan state parks endowment fund 50,000
Nongame wildlife fund 200,000
Off-road vehicle trail improvement fund 880,500
Recreation improvement fund 1,100,000
Snowmobile registration fees 205,000
Snowmobile trail improvement fund 2,880,000
State general fund/general purpose $ 0
EARLY RETIREMENT
| Early retirement savings | $ | (920,700) |
| GROSS APPROPRIATION | $ | (920,700) |
Appropriated from:
State general fund/general purpose $ (920,700)
GENERAL SECTIONS
Sec. 201. (1) In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending in this appropriation act is $188,775,700.00 and state appropriations to be paid to local units of government is estimated at $22,311,300.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
Swamp and tax reverted lands $ 7,121,500
Purchased lands/open space payments 7,832,600
Commercial forest reserve 2,841,700
Grants to counties - marine safety 3,230,000
Snowmobile law enforcement 205,000
Inland fisheries resources 200,000
Off-road vehicle trail improvement 880,500
TOTAL $ 22,311,300
(2) If it appears to the principal executive officer of a department or agency that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the department of management and budget, the senate and house appropriations committees, and the senate and house fiscal agencies.
Sec. 202. The expenditures and fund sources authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this act:
(a) "Commission" means the commission of natural resources.
(b) "DAG" means the United States department of agriculture.
(c) "Department" means the department of natural resources.
(d) "DOC" means the United States department of commerce.
(e) "DOD" means the United States department of defense - army and the United States department of defense - navy.
(f) "DOE" means the United States department of energy.
(g) "DOI" means the United States department of interior.
(h) "DOT" means the United States department of transportation.
(i) "EPA" means the United States environmental protection agency.
(j) "FTE" means full-time equated.
(k) "IDG" means interdepartmental grant.
(l) "IDT" means intradepartmental transfer.
(m) "IGLFC" means international Great Lakes fish commission.
(n) "MDOT" means the Michigan department of transportation.
Sec. 204. (1) Beginning October 1, 1997, a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees or prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department or to positions that are funded with 80% or more federal or restricted funds.
(2) The director of the department of management and budget shall grant exceptions to this hiring freeze when the director believes that such a hiring freeze will result in rendering a state department or agency unable to deliver basic services. The director of the department of management and budget shall report by the fifteenth of each month to the chairpersons of the senate and house appropriations committees the number of exclusions to the hiring freeze approved during the previous month and the reasons to justify the exclusion.
Sec. 205. The department of civil service shall bill the department at the end of the first fiscal quarter for the 1% charges authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 206. (1) From funds appropriated under section 101, the department shall prepare a report that lists all of the following regarding grant, or loan, or grant and loan programs administered by the department for the fiscal year ending on September 30, 1998:
(a) The name of each program.
(b) The goals of the program, the criteria, including filing fees, and nominating procedures, eligibility, process, and deadlines for each program.
(c) The maximum and minimum grant and loan available and whether there is a match requirement for each program.
(d) The amount of any required match, and whether in-kind contributions may be used as part or all of a required match.
(e) Information pertaining to the application process, timeline for each program, and the contact people within the department.
(f) The source of funds for each program, including the citation of pertinent authorizing acts.
(g) Information regarding plans for the next fiscal year for the phaseout, expansion, or changes for each program.
(h) A listing of all recipients of grants or loans awarded by the department by type and amount of grant or loan.
(2) The reports required under this section shall be submitted to the senate and house of representatives appropriations committees by January 1, 1999.
Sec. 208. Money appropriated in section 101 shall not be used for the purchase of foreign goods or services when competitively priced and of comparable quality American goods or services are available. By May 1, 1998, the department shall submit a report to the department of management and budget, the speaker and minority leader of the house of representatives, the majority and minority leaders of the senate, the chairpersons of the house and senate appropriations committees, and the house and senate fiscal agencies on efforts to comply with this section.
Sec. 209. (1) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 210. The negative appropriation in section 101 for early retirement compensation savings represents savings from the state's 1997 early retirement program. Not later than October 15, 1997, the department and the state budget director shall request legislative transfers under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, to apply the retirement costs and salary and fringe benefits savings to the appropriated line items affected by the early retirement of state employees.
Sec. 211. (1) The department shall submit to the department of management and budget, the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues, periodic reports on the department's efforts to change the department's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's approved work plan for these efforts.
(2) The department may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond. At the time progress billings are presented for reimbursement, the department shall identify and forward as appropriate the funding sources that should support the work performed.
Sec. 212. The director shall take all reasonable steps to ensure that businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department. The director shall strongly encourage firms with which the department contracts to subcontract with businesses certified by the department of civil rights in depressed and deprived communities for services or supplies, or both.
Sec. 213. Appropriations of state restricted game and fish protection funds have been made to the following departments and agencies in respective appropriation bills. The amounts appropriated to these departments and agencies are limited to the amounts listed below:
Department of civil service $ 353,300
Legislative auditor general 32,700
Attorney general 360,200
Department of management and budget 127,100
Department of treasury 1,600
Sec. 214. The department shall provide the senate and house of representatives appropriations subcommittees on natural resources, and the senate and house fiscal agencies, with a report twice a year on restricted fund balances, projected revenues, and expenditures.
Sec. 215. The department shall receive and retain copies of all reports funded from section 101 appropriations.
Sec. 216. The department shall submit to the legislature by December 30, 1998 an itemized report of all revenue received by, expenditures made from, and transfers made to or from the Michigan state waterways fund during the fiscal year ending September 30, 1998.
EXECUTIVE
Sec. 301. The appropriations in section 101 may be used for per diem payments to the members of commissions or committees for a full day of commission or committee work at which a quorum is present, for attending a hearing as authorized by the respective commission or committee, or for performing official business as authorized by each respective commission or committee. The per diem payments for members of the commission of natural resources shall be at a rate of $75.00 per day.
Sec. 302. The appropriation in section 101 for the office of information and education shall be allocated by the department through recognized natural resource education specialists to provide outreach programs to school age children and to the general public. Natural resources education shall include information on both consumptive and nonconsumptive aspects of natural resources, such as hunting, fishing, recreation, biodiversity protection, and ecosystem management. Any funds allocated in section 101 to any department program for the purpose of public education and outreach to the general public or nonprofit natural resource organizations shall be coordinated by the office of information and education.
ADMINISTRATIVE SERVICES
Sec. 401. The following are the estimated general purpose revenues available in the game and fish protection fund for the state fiscal year beginning October 1, 1997:
Projected balance from previous year $ 1,500,000
General purpose licenses 41,500,000
Interest and earnings 3,400,000
Federal indirect revenues 1,000,000
Miscellaneous revenues 600,000
Total general purpose game and fish protection fund $ 48,000,000
Sec. 402. Of the state general fund/general purpose resources appropriated in section 101 to administrative services and field administration, $2,300,000.00 is to provide reimbursement to the game and fish protection fund for senior citizen reimbursement.
DEPARTMENTAL OPERATIONAL SUPPORT
Sec. 501. The department shall report on February 1, 1998 to the senate and house of representatives appropriations committees and to the senate and house fiscal agencies. The report shall include both of the following:
(a) The amount of contributions, gifts, bequests, grants, and donations received by the department for the fiscal year ending September 30, 1997.
(b) A listing of the expenditures made from the amounts received as reported in subdivision (a).
STATE PARKS
Sec. 601. The department may charge the appropriations contained in section 101, including all special maintenance and capital projects appropriated for the fiscal year ending September 30, 1998, for engineering services provided, a standard percentage fee to be determined by the director of the department of management and budget, and may use the revenue derived to support the engineering services charges provided for in section 101.
Sec. 602. The amount appropriated in section 101 from the Michigan civilian conservation corps revenues shall be used to provide job training for public assistance recipients and other low-income youth for natural resources and conservation projects.
Sec. 603. Unless on official state business, the department shall charge state officials the same fees for admission to state park and recreation facilities as other citizens of the state.
Sec. 604. In accordance with section 1902(2) of part 19 (natural resources trust fund) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1902, there is appropriated from the Michigan natural resources trust fund to the Michigan state parks endowment fund an amount not to exceed $10,000,000.00 for the fiscal year ending September 30, 1998.
Sec. 605. Of the funds expended for state parks from the recreation improvement fund, the highest priority shall be given to projects that use the Michigan civilian conservation corps to its greatest ability.
Sec. 606. The department shall offer reduced fee permits to veterans of the United States armed forces and of the Michigan national guard. The discounted veteran state park admission fees shall not exceed the cost of the fees charged by the department for senior citizen admissions.
Sec. 607. Of the $2,230,200.00 appropriated for the Michigan civilian conservation corps, up to $1,000,000.00 shall be available for the operation of the Vanderbilt civilian conservation corps camp and to recruit program enrollees.
Sec. 608. With money appropriated in section 101, the department shall allow an individual who obtains a permit for entrance into a state park or recreation area to enter any state park or recreation area during the time period that the permit is effective.
Sec. 609. The department shall make necessary improvements to the Fayette state park to assure that electrical connections are made to the campgrounds located within the Fayette state park. The department shall utilize the funds appropriated for state parks from the park improvement fund for the purpose of this section.
FOREST RESOURCE MANAGEMENT
Sec. 701. The commission may establish and collect fees for the processing of applications for the use of state forests that require extensive review. The fees shall cover the cost to the department of processing the applications. Any unexpended application fees for the use of state forests, along with any excess collections from prior fiscal years, shall be carried over into subsequent fiscal years and shall be available for appropriation.
Sec. 702. The department shall submit a report to the senate and house of representatives appropriations subcommittees on natural resources on October 1, 1997 on their plans for utilizing private contractors for timber marking and forest fire activities impacted by early retirement. Contractors used for timber marking should not be directly affiliated with the companies intending to harvest the trees.
Sec. 703. With money appropriated in section 101, the department shall not allow the amount of timber marked for harvest to decrease below 807,000 cords due to early retirement.
Sec. 704. Of the funds appropriated in section 101 for the forest finance authority, no more than 10.0 FTEs shall be assigned to implement the program. Any additional program administration shall be accomplished through contracts with consulting foresters.
Sec. 705. The appropriation in section 101 for abandoned mine shaft closures shall be used to reclaim and cap abandoned mine shafts in order of priority as determined by the department.
Sec. 706. With money received from the sale of timber on state land and appropriated in section 101, the department may employ an additional 20 full-time temporary employees to serve as firefighters for the 6-month period in which the risk of forest fires is the highest.
REAL ESTATE
Sec. 801. The department may charge land acquisition projects appropriated for the fiscal year ending September 30, 1998, and for prior fiscal years, a standard percentage fee to be determined by the state budget director, and may use the revenue derived to support the land acquisition service charges provided for in section 101.
Sec. 802. The land sale fund is created. An amount equal to the cost of personal services, printing, postage, advertising, contractual services, and facility rental associated with tax reverted lands shall be deducted from the sales and credited to the land sale fund.
Sec. 803. (1) The department shall offer for sale to Verona Township, to expand its cemetery, property legally described as follows: Commencing at the Northeast corner of Section 35, Township 16 North, Range 13 East, Verona Township, Huron County, Michigan thence South along East section line 330 feet to point of beginning thence West 536.25 feet; thence South 330 feet; thence East 536.25 feet to East section line thence North along said East section line 330 feet to the point of beginning, 4.06 acres.
(2) Revenues generated by the sale of the property under subsection (1) shall be credited to the land sale fund created in section 802.
Sec. 804. The $20,000.00 appropriation in section 101 for urban residential property rehabilitation shall be expended in demonstration projects in depressed urban areas. The purpose of these projects shall be to determine the desirability of tax lien purchase agreements as a means to provide clear title to prospective buyers of tax reverted residential properties.
Sec. 805. The department shall refund the fee paid by an unsuccessful bidder who has nominated state property for sale, when the land is sold.
GRANTS
Sec. 901. The amount appropriated in section 101 for federal-rural community fire protection/dry hydrant demonstration projects shall be awarded as grants to local fire protection departments. To be eligible, local fire protection departments shall be located in governmental units or fire protection districts with permanent populations of less than 10,000 and contain 1,000 or more acres of publicly owned forested land. Grants shall be limited to a maximum of $500.00 to be used for the purchase of materials.
Sec. 902. Of the appropriation in section 101 for a Great Lakes fishery challenge grant, $250,000.00 is from the game & fish protection fund and shall not be expended unless it is matched with $500,000.00 from private funds. The grant shall be for projects to restore fish hatcheries in the state.
Sec. 903. Of the funds appropriated in section 101 for marine safety grants, $400,000.00 represents an increase for fiscal year 1997-98 to provide additional patrol hours on Michigan lakes. The department shall report on the distribution of these additional funds to the senate and house of representatives appropriations subcommittees on natural resources by September 30, 1998.
Sec. 904. Of the funds appropriated in section 101 for recreation improvement grants, $60,000.00 may be designated for maintenance of the Muskegon to Marne rail trail. If funds appropriated in section 101 are so designated, the department shall cooperate with the affected communities in funding a maintenance plan for this trail corridor.
FISHERIES MANAGEMENT
Sec. 1001. The appropriation in section 101 from commercial fishing fee revenue is to be funded from passage of new fee legislation. Upon passage, the revenue line shall be increased through transfer of restricted contingency funds, and the same amount of game and fish protection fund shall revert to the fund balance.
Sec. 1002. The department shall annually report to the senate and house of representatives appropriations subcommittees on natural resources and the senate and house fiscal agencies the amount and disposition of funds received from the Great Lakes fisheries trust. The report shall include a copy of the trust's annual report and a copy of form 990 filed with the attorney general's office.
Sec. 1003. All certification conditions necessary for compliance with section 401 of title IV of the federal water pollution control act, chapter 758, 86 Stat. 877, 33 U.S.C. 1341, that are required or requested by the department shall be funded from existing department funds appropriated to the fisheries management division.
Sec. 1004. (1) From the appropriation in section 101 for stream habitat improvement, not more than $575,000.00 shall be allocated for grants to watershed councils, resource development councils, soil conservation districts, local government units, and other nonprofit organizations for the purposes of stream habitat stabilization and soil erosion control.
(2) The fisheries division of the department shall develop priority and cost estimates for all recommended projects. Priority shall be given to applications that use the Michigan civilian conservation corps to its greatest ability.
LAW ENFORCEMENT
Sec. 1101. A conservation officer or other employee or agent of the department who is paid through an appropriation provided in section 101 who is acting in an investigative or other official capacity shall not enter a private residence, vehicle, boat, or other private property without a warrant or consent of the owner, or exception allowed by law.
WILDLIFE MANAGEMENT
Sec. 1201. Of the funds appropriated in section 101, the department shall coordinate a task force with representatives from the wildlife and forestry divisions, the department of environmental quality waste management division, the department of transportation, the county road commissions, the department of state police, MIOSHA, the department of community health, the Michigan united conservation clubs, the Michigan farm bureau, and the legislature to address funding and efficient disposal of dead animals on Michigan roads. The department shall report to the senate and house of representatives appropriations subcommittees on natural resources by December 31, 1997 on the findings of the task force.
This act is ordered to take immediate effect.
Secretary of the Senate.
Clerk of the House of Representatives.
Approved
Governor.