State of Michigan

 

JENNIFER M. GRANHOLM

governor

DEPARTMENT OF NATURAL RESOURCES

Lansing

REBECCA  A. HUMPHRIES

director

 


 

BILL ANALYSIS

 

BILL NUMBER:

ENROLLED SENATE BILL 971

PUBLIC ACT 307

 

TOPIC:

Require Review/Approval of State Park Citizen's Advisory Committee for Sale of State Park Lands

SPONSOR:

Sen. Brown

CO-SPONSORS:

Sens. Birkholz, Garcia, Basham, Patterson, Bishop, Prusi, Hardiman, George, Kuipers, McManus, Olshove

COMMITTEE:

Natural Resources and Environmental Affairs

Analysis Done:

August 28, 2006

POSITION

The Department supports this Legislation.

PROBLEM/BACKGROUND

In an era of budget difficulties, various proposals to sell off state-held assets may be introduced in order to balance budgets or fund a variety of proposals.  This statute represents an effort to ensure that any proposed state park land sales has the support and endorsement of an independently-appointed authority, Citizen's Committee for Michigan State Parks (CCMSP), before being proposed to the Department and then the Legislature.

DESCRIPTION OF BILL

Enrolled Senate Bill 971 seeks to amend PA 451 section 74102a and add section 74102b.  These sections concern the establishment and operational guidelines to be followed by the CCMSP, an advisory body to the Department.  The bill would require that the CCMSP review any proposed land sale of state park property and make recommendations to the Department regarding any such proposed sales.  Additionally, if the proposed land sale/transfer exceeded 100 acres or 15 percent of the total acreage (whichever is the lesser amount) of any single state park or recreation area, then the Department would be required to submit a proposal of the sale to the CCMSP for its review/recommendation, seek approval from the Natural Resources Commission (NRC) and hold a public hearing in the vicinity of the state park or recreation area. Following the review/recommendation (non-binding on the Department) of the land transfer/sale proposal by the CCMSP, approval by the NRC, and the public hearing, the Department will be required to submit a written recommendation to the appropriate Senate and House oversight committees (including appropriations).  Also, if the proposed land transfer is greater than 100 acres or 15 percent of the total ownership and is to be transferred to another public entity without compensation, then the Department’s recommendation must include a deed restriction to ensure that recreational access, including hunting and fishing rights, are maintained.

For land transactions that are less than 100 acres or 15 percent of the total ownership:

  • Proposed transaction must be posted on the DNR web site
  • Written notice must be provided to the appropriate Legislative Committees
  • The proposed transaction must be approved by the NRC
  • Sale cannot be finalized within 30 days of initial Legislative notification

SUMMARY OF ARGUMENTS

Pro

Provides for review and approval of proposed state park land sales by an independent body, as well as members of the general public, lending credence to the process.

Provides for comprehensive oversight of any consideration to dispose of state park or recreation area lands.

 

Con

This Legislation adds a significant amount of review and approval processing for any anticipated land transaction that reduces the size of a state park or recreation area, thus adding a measure of cost and delay to the process.

FISCAL/ECONOMIC IMPACT

Are there revenue or budgetary implications in the bill to the --

(a)     Department

Budgetary:

The public hearing requirements will add costs not present in the current system.  Actual costs will depend on the location of the proposed sale and the number of sales anticipated in any given year.

Revenue:   

Restrictions on land sales could negatively impact Department revenues.

 

Comments:

Significant staff time may be necessary to develop the various proposals and reports required by this statute.

(b)     State

Budgetary:

None     

Revenue:   

None     

Comments:

None     

(c)     Local Government

Comments:

Large land transfers to local units (without compensation) will contain a conservation easement.

OTHER STATE DEPARTMENTS

N/A

ANY OTHER PERTINENT INFORMATION

 

N/A

ADMINISTRATIVE RULES IMPACT

 

N/A

 

_______________________________

Rebecca  A. Humphries

Director

 

_______________________________

Date

PRD/OLAF