to review by the Secretary. If the legislation is found contrary to - - PDF document

The public land base in the state of Michigan includes both state and federal lands and totals 8 million acres. These include three national forests, state forest, wildlife areas, and parks. There are numerous types of state lands administered by the Department of Natural Resources including: state game and wildlife areas, state forests, and state parks and recreation areas. State forests (totaling approximately 4 million acres) are found primarily in the northern two-thirds of the state and are administered by Forest Management Division (FMD) and co-managed by both FMD and Wildlife Division (WD). State forest lands typically are managed for multiple uses. State parks and recreation areas (100 individual areas), are located allover the state, and are administered by Parks and Recreation Division. In some instances WD is a co-manager of some of these lands. Park and recreation area lands are used intensively for multiple purposes. State game and wildlife areas (SG&WA) are found primarily in the southern two-thirds of the state and are managed by Wildlife Division. Total acreage is approximately 400,000 acres and these also include the various wildlife floodings around the state, which are typically found within state forest

• boundaries. State Game Area lands were acquired and are managed with

Pittman-Robertson (PR) or a combination of PR and Game and Fish license

• fees. State Wildlife Area lands were acquired with the same funds in

addition to Dingell-Johnson (DJ) funds. The purpose of the state game and wildlife area system is to provide, protect, and enhance wildlife habitat, provide for the management of wildlife species, and to provide for the associated recreation of hunting and trapping. These lands also have established and allowable uses. There are numerous state and federal laws and regulations that prohibit uses that conflict with the intended purposes

• f these lands and are all related to the State's participation in the federal

Pittman-Robertson Wildlife Restoration Act (PR) and the Dingell-Johnson Sport Fish Restoration Act (DJ). These federal acts provide the Department approximately $26 million annually to manage the State's fish and wildlife resources. PR funds are derived from an excise tax on firearms, ammunition, and archery equipment. The states receive a portion of these federal funds based on the size of the state and the number of licensed hunters in the state. Michigan is currently ranked 4th in the nation and last year's apportionment was $13.5 million in PR funds. DJ funds are acquired from an excise tax on fishing equipment, import duties on tackle/boats, federal fuel tax revenues from boat fuels, and accrual of interest on the

trust fund where deposited. Michigan is currently ranked 7th in the nation

and last year's apportionment was $12.6 million in DJ funds.

In order to be eligible for federal funds through PR and DJ, Michigan had to

pass legislation protecting funds derived from the sale of fishing and hunting licenses. Commonly referred to as "Assent Legislation," this state law requirement is established in the Code of Federal Regulation (CFR) where the rules and regulations administering these federal funds are established, namely 50 CFR 80.3 as follows: "50 CFR 80.3 Assent Legislation. A State may participate in the benefits of the Act(s) only after it has passed legislation which assents to the provisions of the Acts and has passed laws for the conservation of fish and wildlife including a prohibition against the diversion of license fees paid by hunters and sport fishermen for purposes other than administration of the fish and wildlife agency. Subsequent legislation which amends these state laws shall be subject to review by the Secretary. If the legislation is found contrary to the assent provisions, the State shall become ineligible." Michigan's Assent Legislation is codified in that section of Public Act 451 known as MCL 324.40501 as follows: "The Department shall perform such acts as may be necessary to conduct and establish wildlife restoration, management, and research projects and areas in cooperation with the federal government under the Pittman-Robertson wildlife restoration act, 16 USC 669 to 669i, and regulations promulgated by the United States secretary of the interior under that act. In compliance with that act, funds accruing to this state from license fees paid by hunters shall not be used for any purpose other than game and fish activities under the administration

• f the department."

Over the years these lands were acquired and projects developed (habitat and other projects) using both license fees and PR/DJ funds. Federal regulations require that lands acquired with and developments made with license fees must continue to serve their intended and allowable purposes.

This intended purpose is the restoration, conservation, management and enhancement of wild birds and mammals, and wildlife-related recreation. When uses unrelated to the intended and allowable purposes of lands and developments purchased with license fees conflict with those intended and allowable uses, a diversion occurs. The penalty for diversion is severe; the Department's annual apportionment for wildlife restoration through PR for the last six years has been steadily increasing to an all-time high of $13.5 million in FY 2010. Allowing conflicting uses at any of these areas would result in the loss of these funds. In addition, other PR and DJ funding could also be lost, including hunter education funds ($1.2 million) and DJ funds ($12.6 million). In addition to the provisions of the PR and DJ acts and the Assent Legislation, the Michigan Constitution was also amended (by voter referendum) extending constitutional protection to license fees. The lands in the SG&WA System are administered and maintained according to the Division's mission, which is:

"To enhance, restore, and conserve the State's wildlife resources,

natural communities, and ecosystems for the benefit ofMichigan's citizens, visitors, and future generations. /I

As part of the Department, the Division strives to allow recreational

• pportunities that meet the mission of the Department while not

compromising the wildlife resources that are of primary concern to the

• Division. Other recreational uses fall under two different categories:

secondary and non-compatible. Examples of secondary uses would include bird-watching and nature hiking. If these secondary uses do not conflict or negatively impact the primary wildlife purpose, the use is considered compatible and therefore allowed to occur. If the use does cause conflict, lead to exclusive use, or causes a negative impact---for example a motorcycle race in the middle of spring turkey hunting-then the use is

further defined as secondary and non-compatible and therefore will not be

• allowed. Activities that conflict with wildlife-related resources of SG&WAs

are regulated, restricted and in some cases prohibited. In addition to these mission constraints, there are also numerous legal and regulatory requirements that protect lands and funds for wildlife-related purposes from being diverted to other uses.

Department ofNatural Resources Mission:

The Michigan Department of Natural Resources is committed to the conservation, protection, management, use and enjoyment of the

States natural and cultural resourceS for current and future

generations.