Act No. 267
Public Acts of 2000
Approved by the Governor
June 29, 2000
Filed with the Secretary of State
July 5, 2000
EFFECTIVE DATE: July 5, 2000
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 2000
Introduced by Reps. Byl, Pappageorge, Cameron Brown, Mortimer, Geiger, Mead, Kukuk, Jellema, Pumford, LaSata, Jelinek, Caul, Scranton, Godchaux, Jansen and Stamas
ENROLLED HOUSE BILL No. 5281
AN ACT to make appropriations for the department of natural resources for the fiscal year ending September 30, 2001; 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:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of natural resources for the fiscal year ending September 30, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATIONS SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,246.5
GROSS APPROPRIATION $ 255,442,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 3,679,400
ADJUSTED GROSS APPROPRIATION $ 251,763,400
Federal revenues:
Total federal revenues 24,649,100
Special revenue funds:
Total local revenues 0
Total private revenues 1,728,900
Total other state restricted revenues 169,426,800
State general fund/general purpose $ 55,958,600
FUND SOURCE SUMMARY:
GROSS APPROPRIATION $ 255,442,800
Interdepartmental grant revenues:
IDG, engineering services to work orders 1,073,300
IDG, MacMullan conference center revenue $ 1,389,100
IDG, land acquisition services to work orders 835,600
IDT, interdivisional charges 381,400
Total interdepartmental grants and intradepartmental transfers 3,679,400
ADJUSTED GROSS APPROPRIATION $ 251,763,400
Federal revenues:
DAG, federal 2,643,700
DOC, federal 45,300
DOD, federal 50,000
DOE, federal 1,000
DOI, federal 14,415,000
DOI-MMS, federal oil and gas royalty revenue 150,000
DOI-MMS, federal timber revenue 3,300,000
DOT, federal 3,726,600
EPA, federal 295,800
IGLFC, federal 21,700
Total federal revenues 24,649,100
Special revenue funds:
Private funds 1,228,900
Private - gift revenues 500,000
Total private revenues 1,728,900
Aircraft fees 213,600
Air photo fees 1,586,500
Airport and park operation fees 44,100
Automated license system revenue 421,900
Clean Michigan initiative fund 268,000
Commercial fishing fee revenue 200
Delinquent property tax administration fund 768,900
Farmland and open space withdrawal fees 602,700
Forest camping fee revenue 1,252,000
Forest resource revenue 22,175,300
Game and fish protection fund 60,123,700
Game and fish protection fund - deer habitat reserve 1,538,000
Game and fish protection fund - turkey permit fees 992,500
Game and fish protection fund - waterfowl fees 119,000
Game and fish - wildlife resource protection fund 1,308,600
Harbor development fund 236,700
Land exchange facilitation fund 5,458,500
Land sale revenue 2,789,300
Mackinac Island state park fund 1,390,100
Marine safety fund 4,954,500
Michigan civilian conservation corps endowment fund 2,288,400
Michigan geographic information system revenue 176,100
Michigan state waterways fund 13,886,100
Michigan natural resources trust fund 3,097,700
Michigan state parks endowment fund 5,115,800
Nongame wildlife fund 869,500
Off-road vehicle trail improvement fund 2,553,800
Park improvement fund 27,334,100
Publications revenue 107,700
Recreation improvement fund 1,442,000
Shop fees 54,900
Snowmobile registration fee revenue 1,562,400
Snowmobile trail improvement fund 4,692,900
Other restricted revenues 1,300
Total other state restricted revenues 169,426,800
State general fund/general purpose $ 55,958,600
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 21.0
Commission (including travel expense - per diem) $ 75,000
Unclassified salaries--6.0 FTE positions 461,900
Executive direction--10.0 FTE positions 1,738,800
Office of information and education--11.0 FTE positions 2,830,600
GROSS APPROPRIATION $ 5,106,300
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 19,800
Special revenue funds:
Aircraft fees 500
Air photo fees 7,400
Automated license system revenue 3,000
Delinquent property tax administration fund 7,300
Farmland and open space withdrawal fees 6,300
Forest resource revenue 266,900
Game and fish protection fund 2,064,100
Land exchange facilitation fund 32,200
Land sale revenue 45,400
Marine safety fund 39,200
Michigan geographic information system revenue 2,900
Michigan natural resources trust fund 900
Michigan state waterways fund 303,400
Michigan state parks endowment fund 26,400
Nongame wildlife fund 4,800
Off-road vehicle trail improvement fund 7,800
Park improvement fund 1,001,200
Publications revenue 500
Recreation improvement fund 4,200
Snowmobile registration fee revenue 4,100
Snowmobile trail improvement fund 30,400
State general fund/general purpose $ 1,227,600
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions 235.7
Finance and operations services--143.7 FTE positions $ 11,852,200
Internal audit--12.0 FTE positions 775,400
Office of information systems and technology--55.0 FTE positions 10,183,200
Human resources--17.0 FTE positions 1,510,800
Equal opportunity and legal services--8.0 FTE positions 895,100
GROSS APPROPRIATION $ 25,216,700
Appropriated from:
Interdepartmental grant revenues:
IDT, interdivisional charges 381,400
IDG, engineering to work orders 943,400
IDG, MacMullan conference center revenue 13,400
Federal revenues:
DOI, federal 116,300
Special revenue funds:
Aircraft fees 109,100
Automated license system revenue 418,900
Clean Michigan initiative fund 268,000
Delinquent property tax administration 47,300
Farmland and open space withdrawal fees 4,000
Forest resource revenue 1,117,500
Game and fish protection fund 8,534,200
Land exchange facilitation fund $ 73,100
Land sale revenue 105,800
Marine safety fund 234,700
Michigan civilian conservation corps endowment fund 6,100
Michigan natural resources trust fund 744,100
Michigan state parks endowment fund 85,900
Michigan state waterways fund 1,418,700
Nongame wildlife fund 13,800
Off-road vehicle trail improvement fund 50,200
Park improvement fund 2,767,900
Publications revenue 107,200
Recreation improvement fund 24,700
Snowmobile registration fee revenue 63,400
Snowmobile trail improvement fund 75,900
Other restricted revenues 1,300
State general fund/general purpose $ 7,490,400
Sec. 104. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges $ 2,066,700
Rent - privately owned property 527,300
Gifts and bequests 500,000
GROSS APPROPRIATION $ 3,094,000
Appropriated from:
Special revenue funds:
Private - gift revenues 500,000
Forest resource revenue 160,600
Game and fish protection fund 629,800
Land sale revenue 48,800
Marine safety fund 43,400
Michigan state waterways fund 211,800
Michigan natural resources trust fund 12,000
Park improvement fund 71,900
Snowmobile trail improvement fund 19,700
State general fund/general purpose $ 1,396,000
Sec. 105. WILDLIFE MANAGEMENT
Full-time equated classified positions 194.0
Wildlife administration--14.5 FTE positions $ 1,527,900
Wildlife management--170.5 FTE positions 16,349,000
Natural resources heritage--9.0 FTE positions 1,530,100
State game and wildlife area maintenance 750,000
Federal lands biological inventory 50,000
GROSS APPROPRIATION $ 20,207,000
Appropriated from:
Federal revenues:
DOD, federal 50,000
DOI, federal 7,019,300
EPA, federal 52,800
Special revenue funds:
Private funds 108,400
Game and fish protection fund 9,303,100
Game and fish protection fund - deer habitat reserve 1,538,000
Game and fish protection fund - turkey permit fees 992,500
Game and fish protection fund - waterfowl fees 119,000
Nongame wildlife fund 550,900
State general fund/general purpose $ 473,000
Sec. 106. FISHERIES MANAGEMENT
Full-time equated classified positions 229.0
Fisheries administration--12.5 FTE positions $ 1,258,100
Commercial fisheries--2.7 FTE positions 194,200
Recreational fisheries--14.0 FTE positions 1,699,300
Fish production--57.4 FTE positions 6,804,400
Fisheries resource management--142.4 FTE positions 12,525,500
Treaty waters management fund work project 138,200
Stream habitat improvement 1,214,600
GROSS APPROPRIATION $ 23,834,300
Appropriated from:
Federal revenues:
DOE, federal 1,000
DOC, federal 45,300
DOI, federal 6,300,800
EPA, federal 140,100
IGLFC, federal 21,700
Special revenue funds:
Commercial fishing fee revenue 200
Game and fish protection fund 17,187,000
State general fund/general purpose $ 138,200
Sec. 107. PARKS AND RECREATION
Full-time equated classified positions 821.3
State parks--609.2 FTE positions $ 37,076,400
MacMullan conference center--7.0 FTE positions 1,355,900
Recreational boating--202.1 FTE positions 11,532,900
Michigan civilian conservation corps--3.0 FTE positions 4,500,200
GROSS APPROPRIATION $ 54,465,400
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 1,355,900
Federal revenues:
EPA, federal 101,900
Special revenue funds:
Private funds 274,200
Harbor development fund 236,700
Michigan civilian conservation corps endowment fund 2,282,300
Michigan state parks endowment fund 4,656,100
Michigan state waterways fund 11,296,200
Park improvement fund 23,324,200
State general fund/general purpose $ 10,937,900
Sec. 108. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions 48.0
Mackinac Island park operation--23.0 FTE positions $ 1,623,700
Historical facilities system--25.0 FTE positions 1,781,100
GROSS APPROPRIATION $ 3,404,800
Appropriated from:
Special revenue funds:
Airport and park operation fees 44,100
Mackinac Island state park fund 1,390,100
State general fund/general purpose $ 1,970,600
Sec. 109. FOREST RESOURCE MANAGEMENT
Full-time equated classified positions 340.0
Timber harvest--102.0 FTE positions $ 8,089,300
Forest cultivation and reforestation--23.0 FTE positions 4,044,700
Forest resource planning and land use--20.0 FTE positions $ 5,283,100
Private forest development--10.5 FTE positions 929,100
Forest finance authority--9.0 FTE positions 1,634,900
Adopt-a-forest program 50,000
Forest fire protection--141.5 FTE positions 10,497,400
Forest recreation--15.5 FTE positions 2,286,500
Forest management initiative 1,100,000
Trails--18.5 FTE positions 2,394,900
Forest fire equipment 1,700,000
Cooperative resource programs 1,790,000
GROSS APPROPRIATION $ 39,799,900
Appropriated from:
Federal revenues:
DAG, federal 1,518,700
EPA, federal 1,000
Special revenue funds:
Private funds 796,300
Aircraft fees 104,000
Forest camping fee revenue 1,252,000
Forest resource revenue 20,250,100
Game and fish protection fund 2,044,700
Marine safety fund 133,000
Michigan state waterways fund 363,700
Off-road vehicle trail improvement fund 394,900
Recreation improvement fund 313,100
Shop fees 54,900
Snowmobile trail improvement fund 1,686,900
State general fund/general purpose $ 10,886,600
Sec. 110. LAND AND MINERAL SERVICES
Full-time equated classified positions 76.0
Land records and tax reversions--15.3 FTE positions $ 4,071,000
Minerals management--15.3 FTE positions 1,435,000
Land acquisition and exchange--16.2 FTE positions 6,959,100
Resource mapping and aerial photography--22.2 FTE positions 3,200,900
Farmland and open space preservation--7.0 FTE positions 592,400
Abandoned mineshaft closures 350,000
Grants to communities for cleanup and maintenance of tax reverted properties 150,000
GROSS APPROPRIATION $ 16,758,400
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services to work orders 835,600
IDG, engineering services to work orders 129,900
Special revenue funds:
Air photo fees 1,579,100
Delinquent property tax administration fund 714,300
Farmland and open space withdrawal fees 592,400
Forest resource revenue 380,200
Game and fish protection fund 555,400
Land exchange facilitation fund 5,353,200
Land sale revenue 2,589,300
Michigan geographic information system revenue 173,200
Michigan natural resources trust fund 1,750,700
Michigan state parks endowment fund 347,400
Michigan state waterways fund 102,000
Park improvement fund 168,900
State general fund/general purpose $ 1,486,800
Sec. 111. LAW ENFORCEMENT
Full-time equated classified positions 281.5
Wildlife resource protection--10.0 FTE positions $ 1,308,600
General law enforcement--271.5 FTE positions 27,173,200
GROSS APPROPRIATION $ 28,481,800
Appropriated from:
Federal revenues:
DOI, federal 802,600
DOT, federal 1,926,600
Special revenue funds:
Game and fish - wildlife resource protection fund 1,308,600
Game and fish protection fund 17,698,100
Marine safety fund 1,274,200
Off-road vehicle trail improvement fund 726,400
Snowmobile registration fee revenue 352,900
State general fund/general purpose $ 4,392,400
Sec. 112. PAYMENTS IN LIEU OF TAXES
Swamp and tax reverted lands $ 7,071,500
Purchased lands taxes/open space payments 8,383,500
Commercial forest reserve 2,691,700
GROSS APPROPRIATION $ 18,146,700
Appropriated from:
Special revenue funds:
Game and fish protection fund 1,807,300
Michigan natural resources trust fund 590,000
Michigan state waterways fund 190,300
State general fund/general purpose $ 15,559,100
Sec. 113. GRANTS
Grant to counties - marine safety $ 3,230,000
Federal - land and water conservation fund payments 1,000
Federal - forest stewardship grants 625,000
Federal - urban forestry grants 400,000
Federal - clean vessel act grants 175,000
Federal - rural community fire protection 100,000
Grants to communities - federal oil, gas, and timber payments 3,450,000
Recreation improvement fund grants 1,100,000
Snowmobile local grants program 2,880,000
Snowmobile law enforcement grants 1,142,000
Off-road vehicle trail improvement grants 1,374,500
National recreational trails 1,850,000
Game and nongame wildlife fund grants 400,000
Inland fisheries resources grants 200,000
GROSS APPROPRIATION $ 16,927,500
Appropriated from:
Federal revenues:
DAG, federal 1,125,000
DOI, federal 176,000
DOI, oil and gas royalty revenue 150,000
DOI-MMS, federal timber revenue 3,300,000
DOT, federal 1,800,000
Special revenue funds:
Private funds 50,000
Game and fish protection fund 300,000
Marine safety fund 3,230,000
Nongame wildlife fund 300,000
Off-road vehicle trail improvement fund 1,374,500
Recreation improvement fund 1,100,000
Snowmobile registration fees $ 1,142,000
Snowmobile trail improvement fund 2,880,000
State general fund/general purpose $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2000-2001 is $225,385,400.00 and state spending from state resources to be paid to local units of government for fiscal year 2000-2001 is $22,668,700.00. 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 $ 7,071,500
Purchased lands/open space payments 8,383,500
Commercial forest reserve 2,691,700
Grants to counties - marine safety 3,230,000
Snowmobile law enforcement 1,142,000
Grants to communities for cleanup and maintenance of tax reverted properties 150,000
TOTAL $ 22,668,700
Sec. 202. The appropriations 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.
(f) "DOE" means the United States department of energy.
(g) "DOI" means the United States department of interior.
(h) "DOI-MMS" means DOI minerals management service.
(i) "DOT" means the United States department of transportation.
(j) "EPA" means the United States environmental protection agency.
(k) "FTE" means full-time equated.
(l) "IDG" means interdepartmental grant.
(m) "IDT" means intradepartmental transfer.
(n) "IGLFC" means the international Great Lakes fish commission.
Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge 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. 205. (1) Beginning October 1, 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 and 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 state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the fifteenth of each month to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous month and the justification for the exception.
Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, 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 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 207. At least 60 days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate senate and house of representatives appropriations subcommittees and the senate and house fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate senate and house of representatives appropriations subcommittees and the senate and house fiscal agencies within 30 months.
Sec. 208. The department shall continue to pilot the use of the Internet to fulfill the reporting requirements of this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or legislative Intranet site. The senate and house of representatives appropriations subcommittees and senate and house fiscal agencies shall be notified in writing of the Internet or Intranet site of any such report. Quarterly, the department shall provide a cumulative listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, and a list of those reports expected to be transmitted in the following quarter.
Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.
Sec. 210. The director of each department receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 211. (1) From funds appropriated under part 1, the department shall prepare a report that lists all of the following regarding grant, loan, or grant and loan programs administered by the department for the fiscal year ending on September 30, 2001:
(a) The name of each program.
(b) The goals, the criteria, including filing fees, and the nominating procedures, eligibility requirements, processes, 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 appropriations committees and the senate and house fiscal agencies by January 1, 2002.
Sec. 212. Appropriations of state restricted game and fish protection funds have been made to the following departments and agencies in their respective appropriation bills. The amounts appropriated to these departments and agencies are limited to the amounts listed below:
Department of civil service $ 287,400
Legislative auditor general 20,000
Attorney general 660,900
Department of management and budget 188,300
Department of treasury 4,600
Sec. 213. By February 15, 2001, the department shall provide the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies with an annual report on estimated restricted fund balances, projected revenues, and expenditures for the fiscal years ending September 30, 2000 and September 30, 2001.
Sec. 215. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.
Sec. 216. The state budget director shall provide a list of proposed work projects funded, in whole or in part, from appropriations in this act to the house and senate appropriations committees on November 15, 2000. This list shall provide detailed information including a description of project activities and services, the total work project funding level, spending for the fiscal year ending September 30, 2000, and the amount of budget authority required to complete the project.
Sec. 217. A joint legislative work group on court settlements is established. This work group shall consist of representatives of the house and senate standing committees with primary responsibility for natural resources and environmental quality issues and the house and senate appropriations subcommittees on natural resources and environmental quality. Members shall be appointed on a bipartisan basis by the speaker of the house of representatives and the senate majority leader. Assistance and staff support to the work group may be provided by the house and senate fiscal agencies. The work group shall issue a report by December 15, 2000 to the members of the legislature which includes a strategy for disbursing settlement revenue to impacted local governmental units in a manner consistent with court settlement agreements.
Sec. 218. The department shall provide a report prepared by the department's internal auditor on the activities of the internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities described in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The report is due by May 1, 2002. The reports shall be submitted to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the director.
Sec. 220. In addition to the appropriations in part 1 from the nongame wildlife fund, there is appropriated an amount not to exceed $400,000.00 for a state general fund/general purpose contingency fund. Money in this state general fund/general purpose contingency fund is not available for expenditure until both of the following conditions are met:
(a) The amounts available for expenditure from the nongame wildlife fund are insufficient to support the level of appropriations from the nongame wildlife fund in part 1.
(b) The funds are transferred pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, to a nongame-wildlife-fund-supported line item contained in this act.
Sec. 221. The department shall develop a method for allocating restricted funds among department administrative support and regulatory activities. This plan shall include a cost allocation plan for financial services support, office space rent and building occupancy charges, support division service for information systems and technology, and a methodology to use information generated through activity reports that identifies the percentage of employee time spent on restricted fund activities.
EXECUTIVE
Sec. 301. The appropriations in part 1 for the commission may be used for per diem payments to the members of the commission or of committees of the commission for a full day of commission or committee work at which a quorum is present, for attending a hearing as authorized by the commission or committee, or for performing official business as authorized by the commission or committee. The per diem payment for members of the commission of natural resources shall be $75.00.
Sec. 302. On June 15, 2001, the department shall submit to the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies a report on fish, game, and nongame habitat improvement and treatment projects completed or planned during the fiscal year ending September 30, 2000 and the fiscal year ending September 30, 2001. This report shall include a list of all habitat treatment and improvement projects by management unit. This list shall be accompanied by all of the following information:
(a) The target species of wildlife or fish to benefit from unit projects.
(b) The number of acres or, for a river or stream, the number of feet treated or improved, the county in which the project is located, and the methods of treatment or improvement.
(c) The division with lead responsibility for the projects and all organizations involved in the projects, including, but not limited to, department personnel, contractors, or subcontractors.
(d) The total cost per acre and the funding sources supporting management unit projects. The report shall identify the program line item supporting project expenditures.
(e) A separate summary, by fund or subfund, of all projects completed in the fiscal year ending September 30, 2000 or the fiscal year ending September 30, 2001.
Sec. 303. The appropriation in section 102 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. The department shall provide a report on the "Buck Wilder" program to the house and senate appropriations subcommittees on natural resources by April 1, 2001. A report shall be prepared by an objective third party and shall specify the amount and type of funds expended for the program to date, the number of schools and students receiving program materials, the number of teachers trained through this program, and any anticipated future expenditures for materials and other program costs.
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, 2000:
Projected balance from previous year $ 3,100,000
General purpose licenses 41,500,000
Game and fish protection trust fund interest and earnings 4,000,000
Federal indirect revenues 1,400,000
Miscellaneous revenues 950,000
Total general purpose game and fish protection fund $ 50,950,000
Sec. 402. Of the state general fund/general purpose resources appropriated in part 1 to administrative services, $2,210,000.00 is for the game and fish protection fund to provide senior citizen license fee reimbursement under section 43546 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43546.
DEPARTMENTAL OPERATIONAL SUPPORT
Sec. 501. On February 1, 2001, the department shall report to the senate and house appropriations subcommittees on natural resources and to the senate and house fiscal agencies on gifts, bequests, grants, and donations. 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, 2000.
(b) A listing of the expenditures made from the amounts received as reported in subdivision (a).
WILDLIFE MANAGEMENT
Sec. 601. Of the funds appropriated in section 105, the department shall reimburse the department of agriculture for costs incurred for indemnification payments for livestock losses caused by wolves under the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747.
Sec. 602. The department of natural resources shall request reimbursement from the department of agriculture for those costs associated with monitoring and testing wildlife for bovine tuberculosis which are jointly agreed to by the department of agriculture and the department of natural resources to be in excess of efforts necessary to eradicate bovine tuberculosis from Michigan's wild free-ranging deer herd.
Sec. 603. A work group consisting of representatives of the department, the department of agriculture, and the captive cervidae industry shall meet and develop clear definitions of "captive cervidae hunting preserve" and "captive cervidae farm". The work group shall report its recommended definitions to the house and senate appropriations committees and the house and senate standing committees on natural resources by December 15, 2000.
Sec. 604. The appropriation in part 1 for wildlife management includes funding for 8.0 FTE positions. The department shall establish a wildlife biologist position in each wildlife management unit. These wildlife biologists shall assess and prepare management recommendations for wildlife populations and habitats in their management units. These positions shall support wildlife division planning and management activities, as a part of the department's integrated planning effort.
Sec. 605. Of the funds appropriated in section 105 for wildlife management, $85,000.00 shall be used to fund the third year of a 5-year research study at Michigan State University on the control of swimmer's itch in inland lakes. Local organizations shall contribute at least $15,000.00 to this project. A report on the progress of the project shall be presented to the house and senate appropriations committees and house and senate fiscal agencies by December 31, 2001.
FISHERIES MANAGEMENT
Sec. 701. The department shall not impede the certification process for water control structures on Michigan waterways. The department shall fund from funds appropriated in part 1 all non-water-quality studies or requirements that the department requests of either of the following:
(a) The department of environmental quality as a condition for issuance of a certification under section 401 of the federal water pollution control act, title IV of chapter 758, 86 Stat. 877, 33 U.S.C. 1341.
(b) The federal energy regulatory commission as a condition of licensing under the federal power act, chapter 285, 41 Stat. 1063, 16 U.S.C. 791a to 793, 796 to 797, 798 to 818, 820 to 824a, and 824b to 825r.
Sec. 702. (1) From the appropriation in section 106 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 governmental units, and other nonprofit organizations for stream habitat stabilization and soil erosion control.
(2) The fisheries division of the department shall develop priority and cost estimates for all recommended projects.
Sec. 703. The department shall report annually the number of fish advisory booklets distributed to all fishing license vendors. This report shall be given to house and senate appropriations committee members.
Sec. 704. (1) The department, in conjunction with the department of environmental quality, shall provide a report on the impact of non-native, aquatic nuisance species and other non-native species on the waters and fisheries of the state, including recommendations for reducing or eliminating the negative impacts of such species on the waters and fisheries of the state, and recommendations on how to prohibit new introductions of non-native aquatic nuisance species and other non-native species.
(2) The report required in subsection (1) may be included as a part of any report the department is required to prepare that assesses the status of and trends related to the overall state of the natural environment in Michigan. The report shall be submitted to the governor, to the standing committees of the legislature with jurisdiction over issues primarily related to natural resources and the environment, and to the senate and house appropriations subcommittees on environmental quality and natural resources. The report shall be submitted not later than October 1, 2001.
PARKS AND RECREATION
Sec. 801. The department may charge the appropriations contained in part 1, including all special maintenance and capital projects appropriated for the fiscal year ending September 30, 2001, for engineering services provided, a standard percentage fee to recover actual costs, and may use the revenue derived to support the engineering services charges provided for in part 1.
Sec. 802. In accordance with section 1902(2) 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, 2001.
Sec. 803. The department shall develop a feasibility study to comply with each lake water protection plan which requires owners of lakefront property to transport and dispose of sanitary sewerage or storm water sewerage, or both, at an off-site location. The department shall provide a copy of each study to each legislator who represents the district where the lakefront property is located, and to the senate and house appropriations subcommittees on natural resources.
Sec. 804. On or before February 1, 2001, the department shall provide a report to the senate and house appropriations subcommittees on natural resources, the senate and house standing committees having jurisdiction over natural resources issues, the senate and house fiscal agencies, and the state budget director on all of the following:
(a) Measures undertaken by the department during the fiscal year ending September 30, 2000 to address low lake and river water levels.
(b) Measures undertaken or planned to be undertaken by the department during the fiscal year ending September 30, 2001 to address low lake and river water levels.
(c) An assessment of the impact of low lake and river water levels on the fishing, boating, marina, and tourist industries in this state.
FOREST RESOURCE MANAGEMENT
Sec. 901. 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. 902. Of the funds appropriated in section 109, the department shall not allow the amount of timber marked and offered for sale to decrease below 855,000 cords or 69,000 acres, at the current average rate of 12.5 to 13 cords per acre provided that the department takes into consideration the impact of timber harvesting on wildlife habitat and recreation uses. In addition, the department shall continue its silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management.
Sec. 903. With money received from the sale of timber on state land and appropriated in part 1, 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.
Sec. 904. From the amounts appropriated in section 109, the department shall establish 3 standby locations for aircraft that may be used for wildfire suppression.
Sec. 905. The appropriation for the adopt-a-forest program in part 1 shall be used to cover the cost of disposing of waste material collected from state forest lands.
Sec. 906. Forest camping fees shall not be assessed for dispersed camping in Michigan state forests.
Sec. 907. The appropriation in part 1 for trails includes $70,000.00 to be given as a grant to Michigan rails-to-trails conservancy to establish and support a greenway specialist position. This person shall coordinate trails development in southeast Michigan and be available to work with local officials and trail organizations to implement the southeast Michigan greenways project, and to educate and provide outreach support for the purpose of building public-private partnerships in the development of a 7-county trail network.
LAND AND MINERAL SERVICES
Sec. 1001. The department may charge land acquisition projects appropriated for the fiscal year ending September 30, 2000, and for prior fiscal years, a standard percentage fee to recover actual costs, and may use the revenue derived to support the land acquisition service charges provided for in part 1.
Sec. 1002. 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. 1004. (1) The funds appropriated in section 110 for grants to communities for cleanup and maintenance of tax reverted properties shall be granted to counties, cities, villages, and townships for the purpose of remediating threats to public health and safety traced to tax reverted properties within their jurisdictions. An announcement of this grant program shall be provided to all eligible jurisdictions before March 1, 2001. This announcement shall include evaluation criteria, forms, and deadlines. The application deadline shall be May 1, 2001.
(2) The department shall provide a list of approved grants to the house and senate appropriations subcommittees and the house and senate fiscal agencies by July 1, 2001.
(3) The department shall request of the department of management and budget that unexpended funds appropriated in 1999 PA 121 and in section 110 of this act for grants to communities for cleanup and maintenance of tax reverted properties be carried forward into the subsequent fiscal year to be allocated consistent with the purpose for which they were appropriated.
Sec. 1005. The appropriation in section 110 for abandoned mine shaft closures shall be used to restrict access to or cap abandoned mine shafts in order of priority as determined by the department.
LAW ENFORCEMENT
Sec. 1101. The appropriation in section 113 for snowmobile law enforcement grants shall be used to provide grants to county law enforcement agencies in counties with state snowmobile trails to enforce part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82160, including rules promulgated under that part and ordinances enacted pursuant to that part. The department shall consider the number of enforcement hours and the number of miles of trails in each county in allocating these grants. Any funds not distributed to counties revert back to the local law enforcement fund. Counties shall provide monthly, quarterly, semiannual, and annual reports to the department.
GRANTS
Sec. 1201. The amount appropriated in part 1 for federal-rural community fire protection 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 with publicly owned forested land.
Sec. 1202. Of the amount appropriated in section 113 for off-road vehicle trail improvement grants, not more than $25,000.00 shall be available for a county that contains a state park off-road vehicle area and applies for law enforcement assistance to regulate off-road vehicle use.
Sec. 1203. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 for grants to communities - federal oil, gas, and timber payments and that do not require additional state matching funds are appropriated for the purposes intended. The department shall report to the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies on all amounts appropriated under this section.
This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.