Michigan Compiled Laws — NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (Act 451 of 1994)

Short title.

This act shall be known and may be cited as the "natural resources and environmental protection act".

Heading or title; effect.

A heading or title of an article, chapter, part, or subpart of this act shall not be considered as a part of this act or be used to construe the act more broadly or narrowly than the text of the sections of the act would indicate, but shall be considered as inserted for the convenience of the users of this act.

Members of predecessor agency; powers.

When a board, commission, committee, council, or other agency created by or pursuant to this act was preceded by an agency with the same or similar name and functions, members of the predecessor agency shall continue in office for the duration of the terms of office for which they were appointed and with the new member…

Existing rules; effect.

When the department or other agency is directed to promulgate rules by this act and rules exist on the date the requirement to promulgate rules takes effect, which rules the department or agency believes adequately cover the matter, the department or agency may determine that new rules are not required or may delay the…

Orders; effect.

Except as otherwise provided by law, this act does not repeal or alter the content or effect of orders that were issued pursuant to an act that is repealed by this act and codified as a part of this act.

Editorial changes; effect; intent.

It is the intention of the legislature that editorial changes in the language of statutes codified as parts within this act not be construed as changes to the meanings of those statutes.

Definitions.

Except as otherwise defined in this act, as used in this act: (a) "Commission" means the commission of natural resources. (b) "Department" means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. (c) "Department of natural res…

(1) A department of natural resources for this state is created which shall possess the powers and perform the duties granted and imposed by this act and as otherwise provided by law. (2) The commission of natural resources is created as the head of the department of natural resources and may establish general policies…

Jurisdiction, rights, and responsibilities of Great Lakes states and provinces.

The Great Lakes are a binational public treasure and are held in trust by the Great Lakes states and provinces. Management of the water resources of the Great Lakes and the Great Lakes basin is subject to the jurisdiction, rights, and responsibilities of the Great Lakes states and provinces. Effective management of the…

Rules; powers of department; contracts for taking and storage of mineral products; disposition and use of money; drilling operations for taking oil or gas from lake bottomlands of Great Lakes; prohibition; compliance with applicable ordinances and statutes.

(1) The commission may promulgate rules, not inconsistent with law, governing its organization and procedure. (2) The department may do 1 or more of the following: (a) Promulgate and enforce reasonable rules concerning the use and occupancy of lands and property under its control in accordance with section 504. (b) Pro…

Designation of state land reserve; petition, recommendation, or motion; eligibility for commission consideration; public testimony; issuance of commission recommendation; offer and adoption of resolution by legislature; purchase, trade, or acquisition of other holdings.

(1) Upon petition by a person, recommendation of the department, or its own motion, the commission shall place on its agenda at an upcoming meeting of the commission the question of designation of a state land reserve. The petition, recommendation, or motion shall include the land proposed for inclusion within the stat…

Duties of department; powers and jurisdiction; purchase of surface rights; limitations; record; strategic plan; managed public land strategy; volunteers; granting concessions; lease and sale of land; reservation of mineral rights; sale of economic share of royalty interests; definitions.

(1) The department shall protect and conserve the natural resources of this state; provide and develop facilities for outdoor recreation; prevent the destruction of timber and other forest growth by fire or otherwise; promote the reforesting of forestlands belonging to this state; prevent and guard against the pollutio…

Environmental protection fund.

(1) The environmental protection fund is created within the state treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the environmental protection fund. The state treasurer shall direct the investment of the environmental protection fund. The state treasurer shall credit…

Divestment from terror act; compliance by state treasurer.

The state treasurer shall comply with the divestment from terror act in making investments under this act.

(1) The department shall promulgate rules to protect and preserve lands and other property under its control from depredation, damage, or destruction or wrongful or improper use or occupancy. Not more than 10 days after promulgating a rule under this subsection, the department shall provide a copy of the rule to the re…

Federal fish stock and programs; application; listing of programs supplied to legislature.

The department, in pursuing the state's policy of propagating fish for the purpose of stocking the streams and lakes of the state, shall accept federal fish stock for such programs, and shall apply for all federal fish stock programs that do not commit the state to future expenditures.

Availability of writings to public.

A writing prepared, owned, used, in the possession of, or retained by the department or the commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

Declaration of necessity.

This part is declared to be immediately necessary for the preservation of the public health, safety, and welfare and the environment.

Fees and rentals for photographic or publication products or services; disposition and use; limitation; unexpended fees and rentals.

The department may establish and collect fees and rentals for any photographic or publication products or services that the department provides. The fees and rentals shall be credited to a separate fund of the state treasury and shall be available for appropriation to the department of natural resources and used to pro…

Permit for use of state parks; disposition of revenue from permit fees and concessions at state parks; use of fees for processing applications for use of state forests; creation of forest land user fund.

(1) The department may require that a person obtain a permit for the use of a state park. The department may establish and collect fees for permits to use state parks. The revenue realized by the department from permit fees and concessions at state parks shall be credited to a separate fund of the state treasury and sh…

MacMullan conference center account; creation and establishment; deposits; purpose; annual report.

There is hereby created and established under the jurisdiction and control of the department a revolving account to be known as the MacMullan conference center account. All of the fees and other revenues generated from the operation of the MacMullan conference center shall be deposited in the MacMullan conference cente…

MacMullan conference center; restrictions on availability.

The MacMullan conference center shall be available only to the following: (a) The department. (b) Federal, state, and local government agencies. (c) Education institutions. (d) Nonprofit corporations or associations organized pursuant to the nonprofit corporation act, 1962 PA 162, MCL 450.2101 to 450.3192. (e) Communit…

Disposition of certain reimbursements and other money; disposition and use of aircraft fees; limitation.

(1) Money received by the department of natural resources for reimbursement of damages to department of natural resources property, reimbursement of land recording fees, sale of farm animals from Maybury state park, reimbursement for utilities for the Michigan state exposition and fairgrounds, reproduction of the agend…

Fees for department of natural resources magazine, publications, and related materials; disposition and use of fees; retained earnings; disposition of unexpended fees and excess collections; annual allocation to magazine account; accounting records.

The department may establish and collect fees for the department of natural resources magazine, publications, and related materials. Fees collected shall be credited to a separate fund of the state treasury and shall be available for appropriation to the department and used to pay all direct and indirect operating cost…

Film production located in state; authorization by director or commission to use property; exception; cooperation with Michigan film office; definitions.

(1) The director may authorize a person engaged in the production of a film in this state to use without charge property owned by or under the control of the department for the purpose of producing a film under terms and conditions established by the director. The economic and other benefits to this state of film produ…