reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1531a - Permanent snowmobile trail easements; financial administration and documents

Current through Vol. 24-12, July 15, 2024
Rule 11a.
(1) Claims
				for payment of costs allowed in an approved grant shall be on a reimbursement
				basis.
(2) Grant recipient shall
				obtain department approval of a project agreement prior to incurring
				costs.
(3) Grant recipient shall
				provide financial records to the department for determination of reimbursement
				costs.
(4) Claims for payment shall
				be within the scope of the grant, the project period, and the dollar amount of
				the grant as shown on the agreement.
(5) Claims shall be submitted within 1 year
				of the grant termination date.
(6)
				Amendment requests for changes in the grant, the project period, or the amount
				of the grant shall be submitted in writing to the state recreational trails
				coordinator.
(7) New land control
				documents shall be submitted if any change in trail location or ownership
				occurs.
(8) The following financial
				documents of an acquisition program are required for reimbursement:
(a) Cancelled checks, front and
				back.
(b) Land control
				documents.
(c) Appraisals, options,
				and other detailed documents which are required for fee title
				acquisition.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1532 - Audits

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) The
				records of a local unit of government relating to this grant program shall be
				audited by the department during the course of the routine annual examination
				of the records of offices of local units of governments, or at such time as the
				department deems an audit necessary or desirable.
(2) The records of an organization or
				association relating to this grant program shall be audited by the department
				when the department deems an audit necessary.
(3) Records relating to this program shall be
				retained for a period of 1 year after an audit has been made by the
				department.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1533 - Availability of allocations

Current through Vol. 24-12, July 15, 2024
Rule 13. Allocations under this program shall remain
				  available until expended if a project agreement has been entered
				  into.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Control of Open and Prescribed Burning › Section R. 281.421 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Continuous cover of fuels" means a cover
				of vegetation capable of sustaining and carrying fire over the area intended to
				be burned.
(b) "Director" means the
				director of Michigan department of natural resources or his/her
				designee.
(c) "Prescribed burn" or
				"prescribed burning" means the burning, in compliance with a prescription and
				to meet planned fire or land management objectives, of a continuous cover of
				fuels.
(d) "Land management
				objective" means a description of the desired future condition of the
				vegetation on a site at a specified point in time.
(e) "Escaped fire" means a prescribed fire
				that leaves the boundary of the area prescribed and authorized in the permit,
				and unable to be contained with the resources on-scene to conduct the
				burn.
(f) "Burn permit" means
				authorization to burn flammable material or conduct a prescribed burn, issued
				by state or local officials, written or verbally.
(g) "Prescription" means a written plan
				establishing the criteria necessary for starting, controlling, and
				extinguishing a burn.
(h) "Smoke
				management plan" means the state's interagency plan for tracking and managing
				the emissions from prescribed and wildland fires.
(i) "Vegetative land clearing" means
				activities to remove the existing vegetation on a site to convert the site for
				a different use.
(j) "NFDRS" is the
				national fire danger rating system.
(k) "CFFBPS" is the Canadian forest fire
				behavior prediction system.
(l)
				"Prescribed burn manager trainee" is an individual who performs some or all of
				the functions of a prescribed burn manager in a training role, under the
				oversight and guidance of a certified prescribed burn manager. The certified
				burn manager retains responsibility for all aspects of the burn.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Control of Open and Prescribed Burning › Section R. 281.422 - Purpose; intent scope

Current through Vol. 24-12, July 15, 2024
Rule 2. To implement the intent of the prevention and
				  suppression of forest fires, the director promulgates these rules for the
				  following purposes:
(a) Promote the
				public health, safety, and general welfare of those involved in contact with
				prescribed burning.
(b) Prevent
				economic damage, death, or injury due to the misuse of open or prescribed
				burning.
(c) Ensure the use of
				proper prescribed burning procedures.
(d) Provide a process to become a certified
				prescribed burn manager.
(e)
				Implement a process for certification renewal.
(f) Provide a means for decertifying
				certified prescribed burn managers who violate Michigan law, and threaten
				public health, safety, or property.
(g) Prevent the escape of fire with resulting
				damage to property, potential for injury and loss of life, and the resulting
				costs to suppress fires.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Control of Open and Prescribed Burning › Section R. 281.423 - Open burning permits; procedures for obtaining; conditions

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				burning permit shall be obtained from a department representative or local unit
				of government. The permittee shall meet all conditions of the permit at all
				times. Noncompliance with permit conditions is considered grounds to rescind
				the permit.
(2) A permit for
				burning is required whenever the ground is not snow-covered, and may be
				rescinded by the issuing agency at any time it considers burning conditions are
				too extreme.
(3) Permits for
				burning may be issued in writing, over the telephone, or over the internet.
				Permits for burning debris from vegetative land clearing shall be issued in
				writing.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Control of Open and Prescribed Burning › Section R. 281.424 - Prescribed burning permits; procedures for obtaining; conditions

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Permits
				for prescribed burning are required at all times, including when the ground is
				snow-covered. The certified prescribed burn manager shall do all of the
				following:
(a) Obtain verification of the
				issuance of a burn permit from either the department or the local unit of
				government, whichever has jurisdiction over burning permits in the township
				where the burn is planned.
(b) Make
				a copy of the prescription for the burn available to the issuing authority upon
				their request.
(c) Notify the
				owners of all power lines and pipelines with the burn area at least two weeks
				prior to conducting the burn.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Control of Open and Prescribed Burning › Section R. 281.425 - Prescriptions; minimum requirements

Current through Vol. 24-12, July 15, 2024
Rule 5. A prescription for each burn shall be on-site and
				  available for inspection by a department representative, or a representative of
				  the fire department having jurisdiction. Mandatory prescription requirements
				  shall include all of the following:
(a) The stand or site description, to include
				the landowner's name and mailing address and the legal description of the
				treatment area. The legal description shall include the county, township,
				section, and quarter-section.
(b)
				The acreage to be treated.
(c) A
				map of the area to be burned indicating special concerns located within 1 mile
				of the treatment area. Special concerns include, but are not limited to, all of
				the following:
(i) Adjacent
				landowners.
(ii) Power
				lines.
(iii) Utilities.
(iv) Roads.
(v) Residences.
(vi) Schools.
(vii) Hospitals.
(viii) Nursing homes.
(ix) Public facilities, in
				general.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Control of Open and Prescribed Burning › Section R. 281.426 - Prescribed burn manager certification; original application and requirements

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) An
				applicant for prescribed burn manager certification shall submit an application
				to the department on a form prescribed by the department.
(2) An applicant for prescribed burn manager
				certification shall satisfy either of the following conditions:
(a) Provide documented proof to the
				department of having met all of the following:
(i) Completion of the following certified
				training courses offered by the National Wildfire Coordinating Group (NWCG) or
				their equivalent, as approved by the department:
(A) S130 - Basic firefighter. The Michigan
				Fire Fighter's Training Council certified course entitled, "introduction to
				wildland fire suppression for Michigan fire departments" may be substituted for
				the NWCG S130 course.
(B) S190 -
				Introduction to wildland fire behavior.
(C) S290 - Intermediate wildland fire
				behavior.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Control of Open and Prescribed Burning › Section R. 281.427 - Certification; renewal requirements

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) An
				applicant shall complete all of the following requirements to renew
				certification as a prescribed burn manager:
(a) Apply to the department on a form
				prescribed by the department.
(b)
				Provide proof of satisfying either of the following requirements to the
				department:
(i) Completion of at least 8 hours
				of training related to prescribed fires, as approved by the
				department.
(ii) Attendance at
				Michigan prescribed fire council annual meeting.
(c) Provide 1 of the following proofs to the
				department of having participated in prescribed burns. Such proof shall be
				submitted on a form prescribed by the department.
(i) Submit a prescribed burn manager
				certification number for at least 2 completed burns.
(ii) Participate in 5 burns, documented and
				verified by a currently certified prescribed burn manager.
(iii) Complete the department's Michigan
				prescribed burn manager course.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Control of Open and Prescribed Burning › Section R. 281.428 - Decertification; point assessment; decertification and recertification process

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) A
				certified prescribed burn manager who has been convicted of a felony under
				Chapter X - Arson and Burning of the Michigan Penal Code, MCL 750.71 to 750.80,
				or under section 51510 of Part 515 of the Natural Resources and Environmental
				Protection Act, MCL 324.51510, shall be immediately decertified and will be
				ineligible for recertification.
(2)
				The director may decertify a certified prescribed burn manager's certification
				for a period of not less than 1 year in either of the following situations:
(a) The manager's practices and procedures
				violate Michigan law or department rules, or constitute a threat to public
				health, safety, or property.
(b)
				The manager accumulates more than 15 points during any 2 year period. Points
				shall be assessed according to Table 1 and may be assessed for more than 1
				infraction per incident.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Control of Open and Prescribed Burning › Section R. 281.429 - Decertification; right to hearing

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) If a
				prescribed burn manager has been decertified by the department, that person
				shall be afforded both of the following:
(a)
				An opportunity to show compliance with all lawful requirements for retention of
				the certification.
(b) A right to
				request a hearing in accordance with chapter 4 of the administrative procedures
				act of 1969, MCL 24.271 to 24.292.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2601 - Application requirements for listing land; "act" defined

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) An
				application for listing land must be on a form prescribed by the department. An
				application must be under oath, signed, dated, notarized, and postmarked no
				later than April 1 to be considered for listing in the following tax year. An
				application signed, dated, notarized, or postmarked after April 1 must be
				returned to the applicant.
(2) An
				application must be prepared for each county covering all land in that county
				for which listing is desired. The application fee required by section 51103 of
				the act, MCL
				324.51103, must be calculated
				based on the total acreage applied for in each application.
(3) Land applied for must be considered for
				listing as it is currently and legally described by deed or land contract and
				on ad valorem assessment and tax rolls. If the applicant is a land contract
				vendee, or buyer, the land contract must state that the vendee owns all of the
				timber rights to all land under contract. The application must include a copy
				of the deed or land contract.
(4)
				An application must fully describe each tract and include all of the following
				information:
(a) County name.
(b) Political township.
(c) Town, range, section, and section
				subdivision.
(d) Property tax
				parcel number or numbers.
(e) A
				certified survey in accordance with section 1 of 1970 PA 132, MCL
				54.211, if the department
				determines it is necessary to determine eligibility.
(f) Total acreage, including rights-of-way
				covered by easements. Total acreage must not include rights-of-way deeded to
				others or tracts owned by others.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2603 - Listing certificate

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Land
				approved for listing by the department must be on a listing certificate that
				will be sent to the applicant for signature. A listing certificate must be
				prepared for each county in which the applicant owns land approved for
				listing.
(2) The signed listing
				certificate must be promptly returned to the department by the applicant. The
				department may deny the listing if the department does not receive the signed
				listing certificate by the department's specified due date. On receipt of the
				signed listing certificate, the department shall sign the certificate and, not
				later than December 31, send the signed listing certificate to the appropriate
				county register of deeds. A copy of the signed listing certificate must be sent
				to the applicant and the appropriate township assessor of land approved for
				listing.
(3) Land approved for
				listing must be removed from the ad valorem assessment and tax roll for the
				following tax year and must be placed on a commercial forest specific
				assessment and tax roll for taxation at the rate specified in section 51105 of
				the act, MCL
				324.51105.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2603a - Return of portions of fees, taxes, and state payments to department of treasury for credit to state school aid fund; time

Current through Vol. 24-12, July 15, 2024
Rule 3a. Those portions of revenues described in section
				  51109 of the act, MCL
				  324.51109, that must be returned
				  to the state treasury to the credit of the state school aid fund, pursuant to
				  sections 51106 and 51109 of the act, MCL
				  324.51106 and
				  324.51109, must be returned to
				  the state treasury by the appropriate township or county treasurer as directed
				  by the state treasury.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2604 - Land; eligibility for listing

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) To be
				eligible for listing, land must meet the requirements for character and use
				prescribed in sections 51101, 51103, and 51113 of the act, MCL
				324.51101,
				324.51103 and
				324.51113.
(2) A tract of less than 40 acres is not
				eligible for listing unless it is contiguous to land already listed by the same
				owner or being listed by the same owner. However, a tract of less than 40
				contiguous acres may be eligible if it is a fractional survey description, or
				if its net area is less than 40 acres because of rights-of-way deeded to
				others, and if the department determines the tract is a reasonable and economic
				commercial forest management unit.
(3) Land within the boundaries of a city or
				village is not eligible for listing.
(4) Land zoned contrary to the intent of the
				act is not eligible for listing.
(5) Land exempted from ad valorem real
				property taxes and land receiving a property tax incentive from other programs
				are not eligible for listing.
(6)
				Leasing and exploration for minerals and wind energy production are permitted
				on land listed under the act. Land that is included on an application for
				listing that is subject to mineral or wind energy leases or upon which
				exploration is occurring may be considered for listing if otherwise
				eligible.
(7) Commercial extraction
				of oil and gas is permitted on land listed under the act. Land that is included
				on an application for listing that is subject to oil and gas extraction may be
				considered for listing if otherwise eligible. All of the following pertain to
				owners extracting oil and gas:
(a) At least 30
				days before removal, the owner shall submit to the department an application to
				remove oil and gas on a form prescribed by the department.
(b) Facilities, equipment, and structures
				directly related to and used solely for the extraction of oil and gas are
				permitted on land listed under the act.
(c) Refining of hydrocarbon liquids or
				underground natural gas storage or compression and any associated structures
				are not permitted on land listed under the act.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2605 - Criteria to determine compliance with act

Current through Vol. 24-12, July 15, 2024
Rule 5. Land listed as commercial forest must comply fully
				  with the requirements of the act and all of the following provisions:
(a) The owner of forest land listed under the
				act shall manage that land consistent with the purposes expressed in sections
				51101, 51103, and 51113 of the act, MCL
				324.51101,
				324.51103, and
				324.51113, and according to the
				owner's forest management plan.
(b)
				Except as provided in section 51113 of the act, MCL
				324.51113, listed land must not
				be used or obligated for any commercial purpose other than production of forest
				products and must not be managed in a manner detrimental to the growth and
				development of those products.
(c)
				Noncommercial uses compatible with good forest management and full productivity
				of listed land are allowed.
(d) An
				easement may be granted across listed land if the effect on the productivity of
				the listed land is minimal. The owner shall submit a copy of the prospective
				easement across listed land to the department for review at least 30 days
				before entering into such an agreement.
(e) Buildings or improvements must not be
				allowed on listed land, except as specified in
				R
				299.2604(7).
(f) An owner shall submit to the department,
				upon request, a description of public access to specific parcel descriptions of
				listed land for the purpose of hunting and fishing. The description must be in
				a format that meets the recording requirements of the county register of
				deeds.
(g) Before entering into a
				conservation easement or making any other restrictive commitment on listed
				land, the owner shall submit a copy of the conservation easement or restrictive
				document to the department not less than 30 days before signing such an
				agreement. If these documents contain provisions contrary to the act or these
				rules, the owner shall either not enter into the agreement or withdraw the land
				pursuant to section 51108 of the act, MCL
				324.51108.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2605a - Public use of listed land

Current through Vol. 24-12, July 15, 2024
Rule 5a.
(1) Listed
				land must be open to the public for foot access for hunting and fishing. Listed
				land must not be posted in any manner to restrict or infer restriction of entry
				for hunting and fishing, except as provided in
				R 299.2604(13) and
				subrule (4) of this rule. Any act by an owner of listed land that is intended
				to deny or inhibit access for public hunting and fishing, except as provided in
				R 299.2604(13) and
				subrule (4) of this rule, must preclude listing of the land or, if listed, may
				require withdrawal of the land from listing.
(2) Public use of listed land for any
				activity other than foot access for hunting or fishing requires owner
				permission. The owner of listed land shall not grant permission for activities
				that are not compliant with the act or rules. The owner of listed land may
				restrict, through posting, activities other than public hunting and
				fishing.
(3) Fences and gates do
				not disqualify land from listing if the owner allows public entry for hunting
				and fishing.
(4) The owner of
				listed land may restrict public access for hunting and fishing during active
				commercial logging periods within the affected area if both of the following
				conditions are met:
(a) The owner has notified
				the department pursuant to section 51111 of this act, MCL
				324.51111, and
				R 299.2606.
(b) The activities comply with the owner's
				forest management plan.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2605b - Forest management plan

Current through Vol. 24-12, July 15, 2024
Rule 5b.
(1)
				Pursuant to sections 51101 and 51103, of the act, MCL
				324.51101 and
				324.51103, an owner shall
				maintain a current, written forest management plan in effect for all commercial
				forest land, submit a copy of the plan to the department to determine if it
				meets the minimum requirements established by the department, and actively
				manage the commercial forest land according to the plan. Not less than 30 days
				before the expiration of the owner's forest management plan, the owner shall
				submit a copy of a new or updated forest management plan to the department to
				determine if it meets the minimum requirements established by the
				department.
(2) A forest management
				plan must meet the minimum requirements established by the
				department.
(3) The owner shall
				submit a copy of an amended or revised forest management plan to the department
				to determine if it meets the minimum requirements established by the
				department, 30 days before of any amendment or revision to a forest management
				plan.
(4) The certification
				required in section 51103 of the act, MCL
				324.51103, for listing land must
				be on the commercial forest list application.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2606 - Prior reporting; harvest of forest products

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				owner of listed land shall report to the department an intent to harvest on a
				form prescribed by the department not less than 10 days before cutting,
				harvesting, or removing forest products from listed land.
(2) Cutting, harvesting, or removing forest
				products from listed land must be in accordance with the owner's forest
				management plan and limited to descriptions and harvest practices identified on
				the report.
(3) Prior reporting is
				not required for noncommercial timber management operations where no
				merchantable forest products are cut, sold, given away, utilized, removed, or
				destroyed.
(4) The department shall
				approve a harvest report for a period not to exceed 2 years. If harvesting
				operations, except transport of products, is not completed within the approved
				time period, an additional report must be submitted to the department for the
				same description.
(5) The owner
				shall notify the department of any changes to the harvest described on the
				approved report, including descriptions, harvest practices, or other terms on
				the report.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2608 - Withdrawal of listed land

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				owner shall complete and submit an application to the department for each
				county of listed land to be withdrawn on a form prescribed by the department.
				If the withdrawal will result in the retention of listed land that by itself is
				ineligible for listing, the department shall also require withdrawal of that
				ineligible land in addition to the land contained in the initial withdrawal
				application.
(2) The department
				shall send the applicant a withdrawal certificate indicating the withdrawal
				penalty computed in accordance with section 51108 of the act, MCL
				324.51108, and instructions to
				make the penalty payment to the township treasurer.
(3) Upon receipt of the withdrawal
				certificate with certification by the township treasurer that the withdrawal
				penalty has been paid, the department shall approve the withdrawal as provided
				in section 51108 of the act, MCL
				324.51108. The date the
				department receives the township treasurer certification is the effective date
				of the withdrawal.
(4) Withdrawn
				land is subject to the specific tax and not the ad valorem property tax in the
				tax year in which it is withdrawn.
(5) For a partial withdrawal of listed land,
				the department may require a certified survey in accordance with section 1 of
				1970 PA 132, MCL
				54.211, of the land to be
				withdrawn and the land that will remain listed, if deemed necessary.
(6) If the township has removed listed land
				from the specific tax roll and placed the land on the ad valorem tax roll in
				error, the department will administratively withdraw the land without
				application, application fee, or penalty.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2609 - New rates of fees or taxes

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) New
				rates of fees or taxes or changes in their distribution enacted into law shall
				become effective on the effective date of the amending act.
(2) New rates shall apply to the entire tax
				year during which the amending act becomes effective. However, if the amending
				act becomes effective after December 1, the new rates shall not become
				effective until the next tax year.
(3) If land is withdrawn from listing during
				a year that an amending act becomes effective and is withdrawn before the
				effective date of the amending act, then the old rates of withdrawal fees,
				annual specific tax, and state payment shall apply.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2610 - Transfer of title

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1)
				Transfer of title does not alter the listing if land eligibility is unaffected,
				and the new owner demonstrates to the department within 90 days after the date
				of the deed or land contract that they are in compliance with the act.
				Compliance with the act must be demonstrated by either of the following:
(a) Submitting a copy of the new owner's
				active forest management plan to the department for the department's
				determination of whether the plan meets the minimum requirements established by
				the department.
(b) Submitting to
				the department a copy of the new owner's contract with a forest management plan
				writer to complete the forest management plan.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Commercial Forests › Section R. 299.2611 - Trespass

Current through Vol. 24-12, July 15, 2024
Rule 11. The department is not responsible for the protection
				  of listed land against trespass upon forest products. If trespass upon forest
				  products occurs, the owner shall notify the department in writing and bring the
				  land into compliance with the act.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Nonmetallic Minerals Leased on State Lands › Section R. 299.4021 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
As used in these rules:
(a) "Auction lease" means a lease issued as
				the result of competitive bidding at public auction that grants the lessee the
				exclusive right to pursue exploration, mining, or production of the leased
				nonmetallic mineral rights.
(b)
				"Bonus" means a payment by the proposed lessee to the department at the time of
				leasing as part of the consideration for acquisition of a nonmetallic minerals
				lease.
(c) "Department" means the
				Michigan department of natural resources.
(d) "Development lease" means an auction
				lease or a direct lease that allows nonmetallic minerals exploration, mining,
				or production on the surface of the leased land in compliance with the
				departments standard nonmetallic minerals lease terms.
(e) "Direct lease" means a lease issued as
				the result of individual negotiations with the department that grants the
				lessee the exclusive right to pursue exploration, mining, or production of the
				leased nonmetallic mineral rights.
(f) "Director" means the director of the
				Michigan department of natural resources or the directors designee.
(g) "Hold action list" means a list generated
				by the department containing persons and entities not in compliance with lease
				terms or lease rules.
(h) "Land"
				means any property in which the state owns any nonmetallic mineral
				rights.
(i) "Development with
				restrictions lease" means an auction lease or a direct lease that allows
				nonmetallic minerals exploration, mining, or production on the surface of the
				leased land in compliance with the departments standard nonmetallic minerals
				lease terms and subject to special lease restrictions.
(j) "Lessee" means the person or entity that
				is responsible for all covenants, express or implied, in the lease regardless
				of any partial interest assignments.
(k) "Nondevelopment lease" means an auction
				lease or a direct lease that does not allow nonmetallic minerals exploration,
				mining, or production on the surface of the leased land without separate
				authorization from the department.
(l) "Nonleasable lands" means lands that will
				not be leased for nonmetallic minerals exploration, mining, or
				production.
(m) "Nonmetallic
				minerals" or "nonmetallic mineral products" include any of the following:
(i) Andalusite.
(ii) Anhydrite.
(iii) Asbestos.
(iv) Barite.
(v) Celestite.
(vi) Clay.
(vii) Coal.
(viii) Feldspar.
(ix) Garnet.
(x) Gem stones, excluding diamonds.
(xi) Graphite.
(xii) Gypsum.
(xiii) Kyanite.
(xiv) Limestone or dolomite.
(xv) Marl.
(xvi) Mica.
(xvii) Natural salines, including iodine,
				bromine, calcium, and magnesium compounds.
(xviii) Potash salts.
(xix) Salt.
(xx) Sand and gravel, both construction and
				industrial.
(xxi)
				Sandstone.
(xxii) Shale.
(xxiii) Sillimanite.
(xxiv) Slate.
(xxv) Miscellaneous stone, both crushed and
				dimension.
(xxvi)
				Sulphur.
(xxvii) Talc.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Nonmetallic Minerals Leased on State Lands › Section R. 299.4022 - Lease applications; classifications for leasing; manner of leasing approved lands

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Any party
				may submit applications identifying state lands requested for nonmetallic
				minerals leasing. The department may also identify and nominate lands available
				for nonmetallic minerals leasing.
(2) Applications for state lands requested
				for leasing shall be in writing on a form designated by the department and
				shall be submitted to the department at the address listed on the form. An
				application fee shall accompany the application and shall be in accordance with
				the fee schedule approved by the department.
(3) The department shall do both of the
				following:
(a) Identify all available lands
				requested for leasing and
(b)
				Recommend to the director classifications for leasing as development,
				nondevelopment, nonleasable, or development with restrictions.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Nonmetallic Minerals Leased on State Lands › Section R. 299.4023 - Notice; list of lands offered for leasing

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) For a
				lease auction, the department shall publish a public notice of the lease
				auction. The public notice shall be published at least once in a newspaper, as
				defined in section 1461 of the revised judicature act of 1961, 1961 PA 236, MCL
				600.1461, in the county where the lands are situated not less than 30 days
				before the lease auction; describe the general location of lands to be offered
				for lease; and provide the date, time, and place of the lease auction. If a
				newspaper is not published in the county where the lands are situated, the
				department shall publish the public notice of the lease auction in a newspaper
				that publishes in a county adjoining the county where the lands are situated.
				If no newspaper publishes in the adjoining county, the department shall publish
				the public notice of the lease auction electronically.
(2) For a direct lease request, the applicant
				shall publish a public notice of the direct lease request. The public notice
				shall be published at least once in a newspaper, as defined in section 1461 of
				the revised judicature act of 1961, 1961 PA 236, MCL 600.1461, in the county
				where the lands are situated not less than 30 days before the decision is made
				for the direct lease request and describe the general location of lands to be
				offered for lease. If a newspaper is not published in the county where the
				lands are situated, the applicant shall publish the public notice of the direct
				lease request in a newspaper that publishes in a county adjoining the county
				where the lands are situated. If no newspaper publishes in the adjoining
				county, the applicant shall publish the public notice of the direct lease
				request electronically.
(3) Any
				party may request from the department the form of lease to be used and a list
				of lands where nonmetallic mineral rights are being offered for leasing at
				public auction or considered for direct lease. If a lease auction, the list
				shall include all the following information:
(a) The date, time, and place of lease
				auction.
(b) The conditions of
				lease auction.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Nonmetallic Minerals Leased on State Lands › Section R. 299.4024 - Offer at public lease auction; procedure

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1)
				Nonmetallic mineral lease rights may be offered at public lease
				auction.
(2) The director shall
				stipulate the terms and conditions under which the nonmetallic mineral lease
				rights may be offered for lease auction.
(3) Any qualified party may make a bid on any
				nonmetallic mineral rights offered for lease unless the bidding party has an
				outstanding balance owed to the department or is on the hold action
				list.
(4) For open oral lease
				auctions, the full amount of the bonus and the first years rental or the
				minimum royalty, as applicable, shall be paid to the department on the same day
				when the lease rights are bid. For sealed bid lease auctions, successful
				bidders shall pay the full amount of the bonus and the first years rental or
				the minimum royalty, as applicable, within 10 business days from the date the
				department notifies the successful bidder. Bidders who have an established
				credit rating with the department through prior leasing activity, or units of
				government, may pay the total amount due by cash, certified check, personal
				check, or company check. Bidders may also establish a credit rating with the
				department by filing 3 acceptable credit references with the department, 1 of
				which shall be from a bank. Bidders who do not have an established credit
				rating with the department shall pay the entire amount due by cash or certified
				check.
(5) Failure of the
				successful bidder to pay the total bonus and the first years rental or the
				minimum royalty, as applicable, by the close of open oral lease auctions or
				within 10 business days from the date the successful bidder is notified by the
				department for sealed bid lease auctions may result in the forfeiture of the
				lease rights to the lands involved and may result in the bidder being placed on
				the hold action list. Placement on the hold action list may bar the bidder from
				any further leases, assignments, easements, extensions, or other discretionary
				approvals requested of the department. Lands on which lease rights have been
				forfeited may be offered to the back-up bidder at the departments sole
				discretion.
(6) The department may
				reject any bid or stop the auction of any offered lease rights at any time in
				the departments sole discretion.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Nonmetallic Minerals Leased on State Lands › Section R. 299.4026 - Awarding of leases

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1)
				Department approval is required before any lease is issued.
(2) The department may group approved lease
				rights into 1 or more leases, depending on the location of the lease rights and
				any special lease conditions.
(3)
				Before a lease shall be executed for any approved lease rights, the successful
				bidder shall file with the department a performance bond acceptable to the
				department. The department shall specify the amount of performance bond,
				maximum acreage covered, and when and how the bond may be drawn upon.
(4) The department shall provide the original
				lease instrument to the proposed lessee for signature. Unless otherwise agreed
				to in writing by the department, the proposed lessee shall return the properly
				executed lease instrument and, for direct leases, the bonus and rental due or
				the minimum royalty, as applicable, within 30 calendar days from the date the
				department sent the lease instrument.
(5) If the proposed lessee is unable to
				return the lease instrument and amount due within the time specified, the
				department may, upon request of the proposed lessee, authorize additional time
				if the department determines the delay is not the fault of the proposed lessee.
				Failure of the proposed lessee to comply within time limits authorized shall
				result in forfeiture of the entire bonus and first years rental or the minimum
				royalty, as applicable. Lands on which lease rights are forfeited may be
				offered to the back-up bidder at the departments sole discretion.
(6) The department shall return the properly
				executed lease instrument to the lessee and retain a copy of the lease
				instrument.
(7) The lessee shall
				not conduct operations on any leased lands until the lessee receives both of
				the following:
(a) A fully executed
				lease.
(b) All necessary separate
				written permissions required by the department or any other local, state, or
				federal government agency.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Nonmetallic Minerals Leased on State Lands › Section R. 299.4027 - Lease form; department to determine terms; issuance in name of proposed lessee; responsibility for compliance with terms of lease

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A lease
				shall be on a form prescribed by the director.
(2) The department shall determine the
				royalty and rental rates, minimum bonus, primary lease term, and other lease
				terms.
(3) A lease for nonmetallic
				mineral rights shall be issued in the name of the proposed lessee designated at
				the time of the public lease auction or listed on the direct lease
				application.
(4) The lessee and the
				department are responsible for compliance with all terms and conditions of the
				lease.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Leasing State-Owned Oil and Gas Rights › Section R. 299.8101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101. As used in these rules:
(a) "Auction lease" means a lease issued as
				the result of competitive bidding at public auction.
(b) "Bonus bid" means a payment by the buyer
				to the lessor at the time of sale as part of the consideration for acquisition
				of an oil and gas lease.
(c)
				"Department" means the Michigan department of natural resources.
(d) "Development lease" means a lease that
				allows the use of the surface of state lands for oil and gas exploration,
				development, and production.
(e)
				"Direct lease" means a lease issued as the result of individual negotiations
				with the department.
(f) "Gas"
				means a mixture of hydrocarbons and varying quantities of non-hydrocarbons in a
				gaseous state which may or may not be associated with oil, including those
				liquids resulting from condensation, including, but not limited to, natural gas
				and casinghead gas.
(g) "Land"
				means any property description in which the state owns any oil and gas
				rights.
(h) "Lessee" means the
				working interest owner or owners of a lease as shown in the records of the
				department.
(i) "Lessor" means the
				department.
(j) "Nondevelopment
				lease" means a lease that does not allow any use of the land surface, including
				the surface of submerged bottom lands, for oil and gas exploration,
				development, and production.
(k)
				"Nonleasable lands" means lands that will not be leased for oil and gas
				exploration, development, and production.
(l) "Oil" means natural crude oil or
				petroleum and other hydrocarbons, regardless of gravity, that are produced at
				the well in liquid form by ordinary production methods and that are not the
				result of condensation of gas after it leaves the underground reservoir,
				including, but not limited to, oil, casinghead gasoline, drip gasoline, and
				natural gasoline extracted from natural gas.
(m) "Performance bond" means a surety to
				guarantee that the lessee and the lessee's heirs, executors, administrators,
				successors, and assigns shall faithfully perform the covenants, conditions, and
				agreements specified in the lease and the laws and rules of the state of
				Michigan.
(n) "Qualified party"
				means an individual of the age of majority or a partnership, corporation, or
				other legal entity qualified to do business in the state of Michigan.
(o) "Sale unit" means the land description or
				descriptions as numbered on the lease sale notice.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Leasing State-Owned Oil and Gas Rights › Section R. 299.8102 - Lease sale applications; notice of location and classification of lands

Current through Vol. 24-12, July 15, 2024
Rule 102.
(1) Any
				party may submit applications identifying state lands desired for oil and gas
				leasing. The department may also identify lands for leasing.
(2) Applications for state lands desired to
				be offered for leasing must be in writing and must be submitted to the
				Department of Natural Resources, P.O. Box 30451, Lansing, Michigan 48909-7951,
				or such other address as applicable. Applications may be general or specific in
				nature. General applications must specify the area by county, township, and
				range. Specific applications must include all of the following information:
(a) The specific land description, including
				private claims and submerged lands.
(b) County.
(c) Section.
(d) Township.
(e) Range.
(f) For platted subdivisions, the lot and
				block numbers, subdivision name, and county.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Leasing State-Owned Oil and Gas Rights › Section R. 299.8103 - Sale by public auction; notice; list of lands offered for leasing

Current through Vol. 24-12, July 15, 2024
Rule 103.
(1) A
				notice of lease sales must be published at least once in a newspaper, as
				defined in section 1461 of the revised judicature act of 1961, 1961 PA 236, MCL
				600.1461, not less than 10 days before the sale. The newspaper must be
				published in the county where the lands are situated. If a newspaper is not
				published in the county where the lands are situated, the notice must be
				published in a newspaper published in a county adjoining the county where the
				lands are located. A notice must describe the general location of the land to
				be offered for lease and the date, time, and place of sale.
(2) Any party may request from the department
				a list of lands being offered for leasing at public auction. The lease sale
				list must include all of the following information:
(a) The date, time, and place of
				sale.
(b) Descriptions of lands
				being offered.
(c) The conditions
				of sale.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › Leasing State-Owned Oil and Gas Rights › Section R. 299.8104 - Offer at public auction; procedure

Current through Vol. 24-12, July 15, 2024
Rule 104.
(1) Oil
				and gas lease rights in state lands may be offered at competitive public
				auction (lease sale).
(2) The
				department shall stipulate the terms and conditions under which lands may be
				offered for lease sale.
(3) Any
				qualified party may make a bid on sale units offered for lease.
(4) The full amount of the bonus bid must be
				paid as directed by the department.
(5) Failure of the successful bidder to pay
				the total bid shall result in the forfeiture of the bonus bid and the lease
				rights to the sale unit or units involved.
(6) The department reserves the right to
				reject any bid and may, in its discretion, stop the sale of any sale unit at
				any time and for any stated reason.
(7) Lands in sale units for which no bids are
				received must not be offered at lease sale unless applied for again. The
				department, in its discretion, may include the unbid land in a future sale or
				sales.