Current Legislation
Updated: June 2015
State Policy
Senate Bill 206
Legislative Session: 2015-16
Sponsor: Senator Darwin Booher (R-Evart)
Current Position: Opposed
As currently written, the wide-ranging bill would override some of the spending and priority policies of the Governor’s appointed Michigan Natural ResourcesTrust Fund Board. Specifically, Sen. Booher wants the full amount of funding available for recreational development projects awarded as grants given the high volume of applications in recent years. Because the Trust Fund is at its constitutional cap and can spend only interest and earnings, the Trust Fund board currently sets some dollars aside in growth and stabilization funds to prevent erosion of its spending power due to rising PILT (Payment in Lieu of Taxes) costs, inflation and other factors.
Significantly, the bill would also:
• Prevent the Department of Natural Resources (DNR) from seeking any other federal or state funds for land acquisition until they first seek and then are denied an application to the Trust Fund. In essence, the DNR could not leverage other public funding sources first. It could also force all state land acquisitions to be pursued solely through the Trust Fund, which compete against local government acquisition applications, putting even greater demands on the popular grant program.
• Prohibit the DNR from restricting access on any lands it acquires through the Trust Fund; broadly interpreted that could mean all uses on all lands at all times—a recipe for user conflicts, degradation of public lands, and lower quality experiences.
• Restate the requirement that the Trust Fund pay PILT on all state lands acquired with Trust Fund dollars.
• Reverse current policy and allow for the repurchase of already publicly held lands, including those purchased with federal Pittman-Robertson dollars, thereby shifting their status to “Trust Fund acquired” lands. That shift would then prevent the DNR from restricting access to those lands and require the Trust Fund to make PILT (Payments in Lieu of Taxes) on those lands—again, overall shrinking the grant capacity of the Trust Fund.
• Require that 25% of funds available for land acquisition be spent on trails. While on its face that may align with many state and local trail priorities, a statutory mandate to fund certain types of projects has the untended consequence of potentially elevating poorly conceived projects over those of higher quality.
Heart of the Lakes testified against the bill in committee and met with Sen. Booher’s staff. Sen. Booher also met with representatives of the Leelanau Conservancy. Some changes are expected in a new draft but it is not certain if those changes will gain our support.
Senate Bill 39
Legislative Session: 2015-16
Sponsors: Senators Tom Casperson (R-Escanaba), Darwin Booher (R-Evart)
Current Position: Does Not Support as Introduced
SB 39 addresses several issues including the land cap established under P.A. 240 of 2012, now in place for northern lower and Upper Peninsulas; conditions for approving the Michigan Department of Natural Resources Managed Public Lands Strategy; limits to the DNR’s ability to restrict motorized and non-motorized uses on public lands; the sale and exchange of state lands, including those to land conservancies; and a requirement for local approval for DNR acquisition of lands if the amount of public land in that jurisdiction exceeds 33%. Heart of the Lakes does not support the bill and, with conservancy representatives, met with the sponsors and provided follow-up comments to express concerns. Sponsors have pledged a new draft of the bill but what changes will be made is uncertain. A new draft is expected some time in the fall.
DNR Managed Public Land Strategy
Heart of the Lakes opposed an artificial cap on state land and instead supported the development of a land ownership strategy to address critical questions—what lands should the people of Michigan own, where and why? As called for by Governor Snyder and the land cap statute (PA 240 of 1912), the DNR drafted the Managed Public Land Strategy with the help of an Advisory Committee that included Tom Bailey and Tim Ervin, both Heart of the Lakes Board Members, and Rich Bowman of The Nature Conservancy. As series of regional meetings were held across the state to present the plan and get public input before it was presented to the legislature. Heart of the Lakes reviewed the plan and submitted comments to the DNR.
The final plan outlines a strategy for DNR-managed public lands to meet three goals: provide quality outdoor public recreation opportunities, foster regional economic prosperity, and protect natural and cultural resources for future generations. Desired outcomes and measurable objectives for each goal are identified. Highlights of the latter include:
· A new standard for public access to the Great Lakes (every 5 miles) and state land (500-acre blocks within 15 miles for each citizen).
· Disposal of as much as 240,000 acres that are in parcels smaller than 200 acres and that are either not near other state lands, are oddly shaped and difficult to manage, or are without any public access.
· Work with the Michigan Economic Development Corporation (MEDC) regions and local partners to establish unique natural or cultural resource brands for each region.
· Ensure road access to more state-owned lands for both motorized and non-motorized access to public land, as required by the land cap statute
State Policy
Senate Bill 206
Legislative Session: 2015-16
Sponsor: Senator Darwin Booher (R-Evart)
Current Position: Opposed
As currently written, the wide-ranging bill would override some of the spending and priority policies of the Governor’s appointed Michigan Natural ResourcesTrust Fund Board. Specifically, Sen. Booher wants the full amount of funding available for recreational development projects awarded as grants given the high volume of applications in recent years. Because the Trust Fund is at its constitutional cap and can spend only interest and earnings, the Trust Fund board currently sets some dollars aside in growth and stabilization funds to prevent erosion of its spending power due to rising PILT (Payment in Lieu of Taxes) costs, inflation and other factors.
Significantly, the bill would also:
• Prevent the Department of Natural Resources (DNR) from seeking any other federal or state funds for land acquisition until they first seek and then are denied an application to the Trust Fund. In essence, the DNR could not leverage other public funding sources first. It could also force all state land acquisitions to be pursued solely through the Trust Fund, which compete against local government acquisition applications, putting even greater demands on the popular grant program.
• Prohibit the DNR from restricting access on any lands it acquires through the Trust Fund; broadly interpreted that could mean all uses on all lands at all times—a recipe for user conflicts, degradation of public lands, and lower quality experiences.
• Restate the requirement that the Trust Fund pay PILT on all state lands acquired with Trust Fund dollars.
• Reverse current policy and allow for the repurchase of already publicly held lands, including those purchased with federal Pittman-Robertson dollars, thereby shifting their status to “Trust Fund acquired” lands. That shift would then prevent the DNR from restricting access to those lands and require the Trust Fund to make PILT (Payments in Lieu of Taxes) on those lands—again, overall shrinking the grant capacity of the Trust Fund.
• Require that 25% of funds available for land acquisition be spent on trails. While on its face that may align with many state and local trail priorities, a statutory mandate to fund certain types of projects has the untended consequence of potentially elevating poorly conceived projects over those of higher quality.
Heart of the Lakes testified against the bill in committee and met with Sen. Booher’s staff. Sen. Booher also met with representatives of the Leelanau Conservancy. Some changes are expected in a new draft but it is not certain if those changes will gain our support.
Senate Bill 39
Legislative Session: 2015-16
Sponsors: Senators Tom Casperson (R-Escanaba), Darwin Booher (R-Evart)
Current Position: Does Not Support as Introduced
SB 39 addresses several issues including the land cap established under P.A. 240 of 2012, now in place for northern lower and Upper Peninsulas; conditions for approving the Michigan Department of Natural Resources Managed Public Lands Strategy; limits to the DNR’s ability to restrict motorized and non-motorized uses on public lands; the sale and exchange of state lands, including those to land conservancies; and a requirement for local approval for DNR acquisition of lands if the amount of public land in that jurisdiction exceeds 33%. Heart of the Lakes does not support the bill and, with conservancy representatives, met with the sponsors and provided follow-up comments to express concerns. Sponsors have pledged a new draft of the bill but what changes will be made is uncertain. A new draft is expected some time in the fall.
DNR Managed Public Land Strategy
Heart of the Lakes opposed an artificial cap on state land and instead supported the development of a land ownership strategy to address critical questions—what lands should the people of Michigan own, where and why? As called for by Governor Snyder and the land cap statute (PA 240 of 1912), the DNR drafted the Managed Public Land Strategy with the help of an Advisory Committee that included Tom Bailey and Tim Ervin, both Heart of the Lakes Board Members, and Rich Bowman of The Nature Conservancy. As series of regional meetings were held across the state to present the plan and get public input before it was presented to the legislature. Heart of the Lakes reviewed the plan and submitted comments to the DNR.
The final plan outlines a strategy for DNR-managed public lands to meet three goals: provide quality outdoor public recreation opportunities, foster regional economic prosperity, and protect natural and cultural resources for future generations. Desired outcomes and measurable objectives for each goal are identified. Highlights of the latter include:
· A new standard for public access to the Great Lakes (every 5 miles) and state land (500-acre blocks within 15 miles for each citizen).
· Disposal of as much as 240,000 acres that are in parcels smaller than 200 acres and that are either not near other state lands, are oddly shaped and difficult to manage, or are without any public access.
· Work with the Michigan Economic Development Corporation (MEDC) regions and local partners to establish unique natural or cultural resource brands for each region.
· Ensure road access to more state-owned lands for both motorized and non-motorized access to public land, as required by the land cap statute