February 1, 2006, Introduced by Reps. Casperson, Emmons, Marleau, Vander Veen and Farhat and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 50507 (MCL 324.50507), as amended by 2004 PA
124.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 50507. (1) The authority shall finance only forest
management operations and practices consistent with part 525 that
follow the guidelines, rules, and objectives prescribed and
approved by the department as these guidelines, rules, and
objectives are amended by the department.
(2) Funds managed by the authority shall be applied in a
manner consistent with part 525 and the land management planning
policies of the department on lands that have been identified for
forest management practices. In the absence of an approved state
forest management plan covering a candidate area, an interim
procedure, as adopted by the department, shall be used to assure
that all forest values have been considered in selecting sites for
investment with funds of the authority. The department shall
annually submit a list of activities and practices allocated from
the funds generated under this part for the board's review and
determination of consistency with the purposes of this part.
(3) The executive director of the authority shall notify the
department if the authority projects a probable default on any
bonds or notes issued by the authority, and within 1 year of
receipt of the notification, or within less than 1 year, if the
notification indicates a shorter time period is necessary to avoid
a default, the department shall identify and convey to the
authority sufficient timber on tax reverted lands to enable the
authority to avoid the projected default and to provide for timely
payment of principal of and interest on the authority's bonds or
notes. The authority may only issue contracts for the cutting and
sale of timber that has been conveyed to the authority under this
section to avoid a default on any bonds or notes issued by the
authority. The determination of the board as to the need to cut and
sell timber is conclusive. Contracts for the cutting and sale of
timber shall be consistent with part 525 and with the guidelines,
rules, and objectives prescribed by the department.
(4) The authority shall establish a fund designated as the
"forest development fund". Any money on hand or received in the
future from bond proceeds and from contracts for the cutting and
sale of timber on tax reverted lands shall be deposited in the
forest development fund. In addition, this fund may receive
revenues from any other source. The authority shall use money in
the
forest development fund for 1 or more of the following as
follows:
(a) In each state fiscal year, money received by the fund from
the proceeds of the sale of the first 90,000 cords of wood
harvested from the state forest shall be distributed as follows:
(i) Fifty percent of the money shall be deposited into the
school aid fund established under section 11 of article IX of the
state constitution of 1963.
(ii) Fifty percent of the money shall be distributed to each
local tax collecting unit in each county that has land classified
as commercial forest under part 511 in proportion to the amount of
commercial forestland in that local tax collecting unit, to be
distributed in the same manner and in the same proportion as ad
valorem taxes collected under the general property tax act, 1893 PA
206, MCL 211.1 to 211.157.
(b) After money is distributed under subdivision (a), money in
the fund shall be expended as follows:
(i) (a)
To provide for the payment of principal of and
interest on any bonds or notes issued by the authority.
(ii) (b)
For reforestation, forest protection, and timber
stand improvement.
(iii) (c)
To obtain and maintain certification of sustainable
forestry standards in the state forest under section 52505.
(iv) (d)
For any other purposes authorized by this part.
(5) The auditor general shall audit the expenditures of the
forest development fund at least once every 3 years.
(6) As used in this section, "state forest" means that term as
it is defined in section 52501.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5453 of the 93rd Legislature is enacted into
law.