# November 2002 Natural Resources Commission Minutes



## Hamilton Reef (Jan 20, 2000)

MINUTES NATURAL RESOURCES COMMISSION
Lansing Center, 333 E. Michigan, Lansing
November 7, 2002

PRESENT
Jim Campbell
Keith Charters (Chairman)
Nancy Douglas
Paul Eisele, Vice-Chair
Bob Garner
Frank Wheatlake

K. L. Cool, Director
James Riley, Legal Counsel
George Burgoyne, Resource Management Deputy
James Ekdahl, Upper Peninsula Field Deputy
Department Staff

COMMITTEE OF THE WHOLE
Chairman Charters called the Committee of the Whole meeting of the Natural Resources Commission (NRC) to order at 3:00 p.m. on Thursday, November 7, 2002. The Committee of the Whole is a working session of the NRC.

CLOSED SESSION
Chairman Charters called a Closed Session of the NRC at 3:05 p.m. to discuss pending Litigation issues. Commissioners Wheatlake, Garner, Eisele, Charters, Campbell and Douglas, Jim Riley, George Burgoyne, Matt Hare, Kelley Smith, Jim Ekdahl, Guy Gordon and Director Cool were present. The meeting adjourned at 3:25 p.m.

* * *

Chairman Charters recognized State Representative Elect Howard Walker.

Cheboygan to Gaylord Trail
Mindy Koch, Chief, Forest, Mineral and Fire Management Division, reported that the Michigan Natural Resources Trust Fund purchased this trail. The segment of the trail in question is the portion not open to snowmobile use along Mullett Lake. This portion of the trail was purchased contingent upon being nonmotorized. No changes can occur on the status of this trail without public involvement. Discussion and comments on this issue occurred at the October NRC meeting and are being heard again at this meeting. Ms. Koch noted that the DNR has considered six alternatives; however, the alternatives are of concern due to crossing rivers, wetlands, and major highways. There are also private land access issues. Ms. Koch recommended that discussions be initiatied with diverse interest groups to develop viable alternatives and review the route and potential modifications. The Trust Fund Board approval would need to be received prior to any changes. Discussion ensued.

Director Cool stated that the DNR would like to resolve the issues in a reasonable amount of time. If agreement cannot be reached by interested parties, the DNR will go to the Trust Fund Board to request authority to use our regulations to better manage the trail. 

Marquette to Munising Trail 
Mindy Koch reported that DNR is opening up the trail for snowmobile use. All local governments along the trail are in agreement except Chocolay Township, which provides a connecting link from the east and west segments of the trail. The DNR wants to utilize this season as a test pilot and will be closely monitoring its use and activities on the trail. Issues and problems will be identified at the end of the season and an evaluation will be developed. 

Ms. Koch introduced Bill ONeill, the newly promoted Gaylord District Manager, Forest, Mineral and Fire Management Division. 

Burt Lake Properties
George Burgoyne and Commissioner Wheatlake recently toured the Burt Lake area looking for water access potential and the possibility of developing Maple Bay into a full scale access site. They stated that, prior to any action on this issue a concept and a detailed implementation plan would be developed. This issue will be brought back to the NRC in the summer of 2003. Mr. Burgoyne thanked Commissioner Wheatlake for bringing this issue to the DNRs attention and for bringing interested parties together to discuss the issue. 

* * *

Commissioner Garner recognized Rodney Clute, a newly appointed deer biologist in Wildlife Division. 

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South Fox Island Update
Carol Bambery, DNR, reported that the Grand Traverse Band (GTB) of Ottawa and Chippewa Indians filed a complaint against the DNR and Mirada Ranch to stop a transfer of land between the parties on South Fox Island. The GTB alleged the exchange violated MEPA and that the Department violated its internal guidelines for exchanging property. Before the DNR can exchange the property, the Attorney General must certify title under statute. There is no case law interpreting this statute. Mirada Ranch counterclaimed against the GTB arguing tortuous interference with the contractual relationship and alleged in its complaint that the GTB had wrongfully filed an affidavit and lis pendens against its title. In the affidavit, the GTB claims that certain heirs of the tribes have claims pursuant to the federal Indian Claims Act, even though GTB was unable to identify specific individuals that might be affected. The federal government is not a party to the lawsuit. The case has been briefed and summary disposition motions are pending. The Judge held the Department and GTBs cross motions moot until the affidavit and lis pendens issue was resolved. An unsuccessful mediation effort was conducted in late October 2002. Judge Powers conducted a hearing regarding the lis pendens and affidavits filed by the GTB and determined that documents provided by the GTB were insufficient to support their claims. Both affidavits and lis pendens were found to be insufficient and the Judge ordered they be removed from the record. 

* * *

The Committee of the Whole meeting adjourned at 4:05 p.m.

REGULAR MEETING OF THE NATURAL RESOURCES COMMISSION

Chairman Charters called the regular meeting of the Natural Resources Commission (NRC) to order at 4:30 p.m.

PUBLIC APPEARANCES 

James Goodheart, Vice Chairman, Michigan Agricultural Preservation Fund Board and Rich Harlow, Michigan Department of Agriculture, reviewed the Proposed Standards, Guidelines, Application Process and Scoring System for the Michigan Agricultural Preservation Fund adopted on October 31, 2002. The Michigan Agricultural Preservation Fund and Agricultural Preservation Fund Board was established in 2000 under Part 362 of the Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended. This Act provides for the establishment of the agricultural preservation fund, the creation of the board, the development of an application procedure, and the adoption of various standards and guidelines for the awarding of grants by the Board. The purpose of the fund is to provide grants to qualifying local units of government to assist in the purchase of development rights (PDR) of unique farmland. The purpose of the document is to list those standards and guidelines established by the Board. This list is to be provided to all communities intending to apply for grant money under the program. 

Money for the fund comes from repayments required when a PA 116 Farmland Agreement is terminated and from recapture money under Public Act 260 of 2000 which is an act created to allow qualifying agricultural land to avoid the pop-up-tax when land is sold or transferred. In order to qualify for a grant the local government must: 1. Adopt a purchase of development rights (PDR) ordinance; 2. update their master plan to include farmland preservation; and 3. provide at least 25 percent matching funds. Mr. Goodheart stated that the existing fund balance is zero because all grant monies have been allocated. Because the Board must wait until sufficient funds are available from PA 116 repayments and to allow for communities to develop local programs, the first grant application cycle will likely be no earlier than 2004. 

Commissioner Wheatlake asked if the PDRs under this program are in perpetuity. Mr. Harlow responded that it is the intent, although statutory provisions allowing the PDRs to be released are possible if the landowner meets certain criteria. Commissioner Wheatlake also asked if the farm must continue to be used as agricultural. Mr. Harlow responded yes.

Chairman Charters requested that the Michigan Natural Resources Trust Fund Board also hear this presentation and be kept informed of this issue. 

Bill Manson, Michigan Snowmobile Association, supports any action that will rectify the snowmobiling issue on the segment of the Cheboygan to Gaylord Trail where snowmobiles are now prohibited.

John Martel, Fife Lake, opposes the Natural River designation of the Manistee River. He believes such a designation would erode local control and personal property rights. He also opposes addition of an additional access site. 

Brian Upton, representing Grand Traverse Band and Michigan Land Use Institute, disagrees with the assertion that Judge Powers decision sets the stage for the Attorney General to certify the land exchange on South Fox Island. Although the Judge did discharge the affidavits affecting realty and the notice of lis pendens, he believes that just discharges the official notice of the underlying Indian land claims and the trespass damage claims that the federal government has preserved. He believes that the title the State would be getting from Mirada for certain properties in this exchange is still clouded. He does not believe the Judges decision changes that issue.

Commissioner Wheatlake responded by stating that Mr. Uptons comments represented legal advice, and the NRC gets its legal advice from the Attorney General. 

Bob Welch, Welch Innovations, Inc., requested that severely disabled individuals be allowed to hunt with a firearm from October 1 through the end of firearm deer season. This would provide more of an opportunity to hunt earlier on when the weather is warmer. Commissioners Campbell and Garner both indicated that they had known severely disabled hunters who would benefit from this proposal.

Gray Fischer, Cheboygan, opposes opening the segment of the Cheboygan to Gaylord Trail on Mullett Lake to snowmobile use. The trail crosses in front of his home and is utilized by nonmotorized uses. He would support developing a trail along the east side of Mullett Lake for snowmobile use. 

Jim Haslock, Co-Chairperson of West Mullett Lake Trail Council, opposes opening the segment of the Cheboygan to Gaylord Trail on Mullett Lake to snowmobile use. He supports opening an alternate trail for snowmobiles with costs assessed to users and offered his assistance in the process. 

Dan Wells, Mullett Lake Area Homeowner, opposes opening the segment of the Cheboygan to Gaylord Trail on Mullett Lake to snowmobile use. 

Brian Callahan, President, Inland Lakes Snowmobile Club, supports opening the segment of the Cheboygan to Gaylord Trail on Mullett Lake to snowmobile use. He believes it is time to develop the trail for year-round use. 

Bob Ulrich, Cheboygan Area Snowmobile Club, supports opening the segment of the Cheboygan to Gaylord Trail on Mullett Lake to snowmobile use to improve the economics along the trail. 

Ken Wakefield, Past President, Inland Lakes Snowmobile Club, supports opening the segment of the Cheboygan to Gaylord Trail on Mullett Lake to snowmobile use and supports putting limits on trail usages and enforcing those limits. 

Alan Thompson, Indian River Tourist Bureau, Trail Director, stated that the trail brings an economic value to Indian River, Gaylord, Mackinaw, etc. Due to the closure of the trail to snowmobiles, several issues of concern are prevalent. The Tourist Bureau has requested that the trail be opened to at least Grandview Road and that an alternate route be created to connect the north and south segments. The Tourist Bureau is willing to work with groups to accomplish this. 

Randy Lee, Inland Lakes Snowmobile Club, presented a petition supporting opening the segment of the Cheboygan to Gaylord Trail on Mullett Lake to snowmobile use.

Chairman Charters noted that comments had been made during the course of the meeting indicating that State tax dollars purchased the Gaylord to Cheboygan Trail. He corrected those comments by stating that the Michigan Natural Resources Trust Fund purchased the trail and that Fund consists of revenue from oil and gas leases in the state. 

Robert Sweet, Rails-To-Trails, supports an alternate route for the segment of the Cheboygan to Gaylord Trail now closed to snowmobile use. 

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The Public Appearances portion of the meeting adjourned at 5:50 p.m. and the Regular Meeting convened at 6:15 p.m.

DIRECTORS REPORT

Rick Asher, Chief, Law Enforcement Division, noted that the Michigan Conservation Officers entered a best-dressed police agency competition in the nationally published Law and Order magazine. Michigan won an outstanding achievement as a specialized agency and Michigan Conservation Officer Bobbi Raab from Port Austin was pictured on the cover of the October 2002 issue. 

Kelley Smith, Chief, Fisheries Division, introduced Fisheries staff present: Gary Whelan, Todd Grischke, and Dr. Tammy Newcomb, Lake Huron Basin Coordinator. 

Payment in Lieu of Taxes

Kelli Sobel, Administrative Services Deputy, presented an update on the DNRs annual obligation to pay taxes. Over the past two years, there has been substantial increases in taxes and substantial shortfalls to pay the taxes. The DNR has made many attempts to resolve this problem with no avail. One proposed interim solution was to have the tax jurisdiction submit one tax bill per year in February. This was not supported by local governments. Unless a solution is achieved, the DNR will not be able to meet its tax obligations for this Fiscal Year and will not be able to close the books. Director Cool stated that, one of the missions of the DNR is to purchase land for the use and enjoyment of all citizens of the State of Michigan. However, if, for example, the Michigan Natural Resources Trust Fund must utilize its funds to pay taxes on lands purchased by the Fund, it may not have sufficient funds in the future to purchase more property. 

Chairman Charters stated that, even though the DNR is seeking a resolution through the Legislature on this issue, a contingency plan should be developed now in the event a resolution is not found. 

Discussion ensued. Director Cool encouraged Commissioners to speak to their Legislators prior to the end of the calendar year for assistance on this issue. 

Fees Legislation Update

Dennis Knapp, Legislative Liaison, reported that the Legislative change of authority for the NRC to set fees has been favorably received, but that some of the details have halted progress. DNR staff and legislators will be meeting again to discuss this issue. 

Directors Action Items

Director Cool intends to sign all of the Directors Action Items on the agenda except State Forest Land Acquisition, Grayling Forest Management Unit  Crawford County which will be put on the December agenda for consideration. 

Todd Grischke, Fisheries Division, reported that Director Cool signed an emergency Order on October 30, 2002 relative to Lake Trout in MI-6 of Lake Superior (FO-225.03). This Order pertains to recreational fishing regulations in the area of Lake Superior from AuSable Point to a location near Laughing Fish Point and north to the international boundary. This Order covers the period of January 1-March 31, 2003 in MI-6 of Lake Superior and will be in effect until FO-200.03 takes effect on April 1, 2003. Discussion ensued regarding TAC in Munising Bay. This issue has been discussed with concerned angler groups in the area. 

APPROVAL OF MINUTES  OCTOBER 10-11, 2002 NATURAL RESOURCES COMMISSION MEETING

Commissioner Eisele made a motion, supported by Commissioner Garner, for approval. Motion unanimously carried. 

2003 NATURAL RESOURCES COMMISSION MEETING SCHEDULE 

Discussion was held on the 2003 NRC Schedule. The NRC decided to switch the locations of the September and October meetings. The September 11-12 meeting will now be held in the Munising area and the October NRC meeting will be held in the Lansing area. 

* * *

Chairman Charters reported that the Michigan Natural Resources Trust Fund Board met in October and approved their acquisitions for the cycle. In December the Board meets to address development recommendations. 

* * *

The meeting adjourned at 7:00 p.m.


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