Bill Text: MI SB0563 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: History and arts; historic sites; natural resources and environmental protection act; update references to the Governor John B. Swainson Michigan historical markers act. Amends sec. 63502 of 1994 PA 451 (MCL 324.63502). TIE BAR WITH: SB 0562'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-11-28 - Assigned Pa 0186'17 With Immediate Effect [SB0563 Detail]
Download: Michigan-2017-SB0563-Engrossed.html
SB-0563, As Passed Senate, October 5, 2017
SENATE BILL No. 563
September 13, 2017, Introduced by Senator GREEN and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 63502 (MCL 324.63502), as amended by 2001 PA
78.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 63502. (1) "Agricultural land" includes any of the
following as determined by the department of natural resources
under this part or part 609 with the concurrence of the department
of agriculture and rural development and the United States
Department of Agriculture:
(a)
Prime farmland, which is land that has is determined to
have the best combination of physical and chemical characteristics
for producing food, feed, forage, and fiber crops and is also
available for these uses, including cropland, pastureland,
rangeland, forestland, or other land, but not urban built-up land
or water. Prime farmland has the soil quality, growing season, and
moisture supply needed to economically produce sustained high
yields of crops when treated and managed, including water
management, according to acceptable farming methods. In general,
prime farmland has an adequate and dependable water supply from
precipitation or irrigation, a favorable temperature and growing
season, acceptable acidity or alkalinity, acceptable salt and
sodium content, and few or no rocks. Prime farmland is permeable to
water and air. Prime farmland is not excessively erodible or
saturated with water for a long period of time, and it either does
not flood frequently or is protected from flooding.
(b) Unique farmland, which is land other than prime farmland
that
is used determined to have
value for the production of
specific high-value food and fiber crops. Unique farmland has the
special combination of soil quality, location, growing season, and
moisture supply needed to economically produce sustained high
quality or high yields or both high quality and high yields of a
specific crop when treated and managed according to acceptable
farming
methods. Areas that can be classified as unique farmland
include
Unique farmland includes
those areas containing organic
soils producing vegetables and specialty crops; high-lying and
relatively frost-free fruit sites; and areas of high water table
acid soils especially suited to highbush blueberry culture as well
as
the small areas in the Upper Peninsula copper country that are
producing strawberries.
(c)
Other farmland, which is land in addition to other than
prime
farmland and unique farmland that has is determined to have a
combination of soils, location, and management characteristics
which
that is producing or can produce in or for a region food,
feed, forage, and fiber crops and is land on which agriculture
represents the greatest current economic return from the land.
Other farmland includes beef cow-calf operations that occur on
generally fine-textured, somewhat poorly drained soils well-suited
to
forage production and grazing. Cropland Other farmland includes
cropland areas that by their location are especially suited for the
production of disease-free seed crops or that offer special
opportunities
for integrated best management programs. could also
be
considered other farmland. The determination of whether
agricultural
land is prime farmland, unique farmland, or other
farmland
shall be made by the department of natural resources under
part
609 or this part, with the concurrence of the department of
agriculture
and the United States department of agriculture.
(2) "Applicant" means a person applying for a permit from the
department to conduct surface coal mining activities or underground
coal mining activities pursuant to this part.
(3) "Approximate original contour" means that surface
configuration achieved by the backfilling and grading of the mined
area so that the reclaimed area, including any terracing or access
roads, closely resembles the general surface configuration of the
land prior to mining and blends into and complements the drainage
pattern of the surrounding terrain, with all highwalls and spoil
piles eliminated.
(4) "Coal" means all forms of coal including lignite. Coal
does not include clay, stone, sand, gravel, metalliferous and
nonmetalliferous ores, and any other solid material or substance of
commercial value excavated in solid form from natural deposits on
or in the earth, exclusive of coal, and those minerals that occur
naturally in liquid or gaseous form.
(5) "Coal exploration operation" means the substantial
disturbance of the surface or subsurface for the purpose of or
related to determining the location, quantity, or quality of a coal
deposit.
(6) "Department" means the department of environmental
quality.
(7) "Eligible land and water" means all land that was mined
for coal or was affected by that mining, wastebanks, coal
processing, or other coal mining processing, and abandoned or left
in an inadequate reclamation status under the standards provided in
subparts 3 and 4 prior to August 3, 1977, and for which there is
not a continuing reclamation responsibility under state or federal
law.
(8) "Historic resource" means a district, site, building,
structure, or object of historical, architectural, archeological,
or cultural significance that meets any of the following
requirements:
(a) Is designated as a national historic landmark pursuant to
the
historic sites, buildings, and antiquities act, chapter 593, 49
Stat.
666, 16 U.S.C. 461 to 467.54
USC 102303, 102304, 320101 to
320104, and 320106.
(b) Is listed on the national register of historic places
pursuant
to the national historic preservation act, Public Law 89-
665,
16 U.S.C. 470 to 470a, 470b, and 470c to 470x-6; 54 USC
300101, 300301 to 300305, 300307 to 300311, 300313 to 300320,
302101 to 302108, 302301 to 302304, 302501 to 302505, 302701 to
302706, 302901 to 302910, 303101 to 303103, 303901 to 303903,
304101 to 304112, 305501 to 305505, 306101 to 306114, 306121,
306122, 306131, and 307101 to 307108, or the state register of
historic sites pursuant to the Governor John B. Swainson Michigan
historical
markers act, 1955 PA 10, MCL 399.151 to
399.152.399.160.
(c) Is recognized under a locally established historic
district created pursuant to the local historic districts act, 1970
PA 169, MCL 399.201 to 399.215.
(d) Is eligible for listing, designation, or recognition under
subdivisions (a) to (c).
(9) "Imminent danger to the health and safety of the public"
means the existence of any condition or practice, or any violation
of a permit or other requirement of this part in a surface coal
mining and reclamation operation, which condition, practice, or
violation could reasonably be expected to cause substantial
physical harm to persons outside the permit area before the
condition, practice, or violation can be abated. A reasonable
expectation of death or serious injury before abatement exists if a
reasonable person, subjected to the same conditions or practices
giving rise to the peril, would not expose himself or herself to
the danger during the time necessary for abatement.
(10) "Local unit of government" means a county, city,
township, or village; a board, commission, or authority of a
county, city, township, or village; or a soil conservation
district.
(11) "Operator" means a person engaged in coal mining who
removes or intends to remove more than 250 tons of coal from the
earth by coal mining within 12 consecutive calendar months in any 1
location.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 562
of the 99th Legislature is enacted into law.
