Michigan Laws 324.64105 – Public auction; exclusive opportunity to pursue contract; information required from highest bidder
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(1) On the basis of the inventory and the classification described in section 64103, the department shall determine whether to offer at a public auction the exclusive opportunity to pursue a contract for the taking of peat from a nominated parcel.
(2) The exclusive opportunity to pursue a contract for the taking of peat from a specified parcel of state owned land shall be awarded to the highest bidder at a public auction by sealed or oral bid.
Terms Used In Michigan Laws 324.64105
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- peat: means a deposit of unconsolidated, naturally occurring soil material consisting of decomposed and partially decomposed mosses, sedges, trees, and other wetland plants, having 12% or greater organic carbon content on a dry weight basis. See Michigan Laws 324.64101
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(3) An exclusive opportunity to pursue a contract awarded under this section guarantees that, if the department decides to enter into a contract for the taking of peat from the nominated parcel as provided in section 64106, a contract shall be entered into with the highest bidder.
(4) Within 2 years after being awarded an exclusive opportunity to pursue a contract, the highest bidder shall provide to the department the following information:
(a) The quantity and quality of the peat that the bidder proposes to take from the nominated parcel.
(b) The capacity of the production facility that the bidder proposes to operate on the parcel.
(c) The date on which the bidder projects that the taking of peat will commence and the projected duration of the activity.
(d) An environmental assessment of the impact of the taking of the peat, including an analysis of the factors described in section 64106(2).
(e) Any other information the department determines to be reasonably necessary for the department to make the determination described in section 64106(2).