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MCL 324.502(2)(a) states that the DNR may “Promulgate and enforce reasonable rules
concerning the use and occupancy of lands and property under its control in accordance with
section 504.”
MCL 324.504(1) states that the DNR “shall promulgate rules to protect and preserve lands and
other property under its control from depredation, damage, or destruction or wrongful or improper
use or occupancy.”
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The rules do not conflict with or duplicate other regulations.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The subject matter is covered in the guidelines of the DNR’s auction catalog. There are forms
prior, during and after the auction that contain the subject matter of the rules.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
MCL 24.244 (1)
A. Explain why the rules are being promulgated under 24.244.
These rules were last promulgated in 1981, therefore, the proposed amendments are only intended
to make the rules conform to an amended statute, along with associated reorganization of the DNR
both internally within the Department and through Executive Orders. Additionally, the proposed
amendments will rescind rules that are obsolete and unnecessary to simplify the process and create
greater flexibility for conducting auctions of DNR-managed oil and gas mineral rights.
MCL 24.239