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Mackinac Straits Corridor Authority FAQs

The Mackinac Straits Corridor Authority (MSCA) is responsible for overseeing construction and operation of a tunnel in bedrock beneath the waters of the Straits of Mackinac. The tunnel will house a replacement segment for the Line 5 petroleum pipelines that currently sit on the bottom of the Straits and will accommodate other utilities to improve infrastructure connections between the peninsulas.

Learn more about the Mackinac Straits Corridor Authority (MSCA).

  • MSCA – Mackinac Straits Corridor Authority

    MBA – Mackinac Bridge Authority

    MDOT – Michigan Department of Transportation

    EGLE – Michigan Department of Environment, Great Lakes, and Energy

    MPSC – Michigan Public Service Commission

    USACE – United States Army Corps of Engineers

    EIS – Environmental Impact Statement

    IQA – Independent Quality Assurance Contractor (required by Tunnel Agreement)

    ROD - Record of Decision (for an Environmental Impact Statement (EIS))

  • Michigan Public Act 359 of 2018 (P.A. 359 of 2018) amended P.A. 214 of 1952 and created the Mackinac Straits Corridor Authority (MSCA) within the state transportation department (Michigan Department of Transportation, or MDOT) to oversee construction, maintenance, operation and decommissioning of a utility tunnel joining the Upper and Lower peninsulas of the state at the Straits of Mackinac (Utility Tunnel) “for the purpose of accommodating utility infrastructure, including but not limited to pipelines, electric transmission lines, facilities for the transmission of data and telecommunications, all useful and related facilities, equipment, and structures, and all necessary tangible or intangible real and personal property, licenses, franchises, easements and rights-of-way.” MCL 254.324 and 254.324d. While that role was initially assigned to the Mackinac Bridge Authority (MBA), it was transferred in the act to the MSCA via P.A. 359 of 2018.

    P.A. 359 of 2018 also directed that the MSCA enter into an agreement or series of agreements for the construction, maintenance, operation and decommissioning of a Utility Tunnel if it finds all of the criteria set forth in MCL 254.324d have been met, including: “That the proposed tunnel agreement provides the Mackinac Straits Corridor Authority with a mechanism to ensure that a utility tunnel is built to sufficient technical specifications and maintained properly to ensure a long asset life and secondary containment for any leak or pollution from utilities using the tunnel.”

    The Tunnel Agreement, which met each of the criteria in MCL 254.324d, including providing such oversight mechanisms, was signed in December 2018.

    As provided in P.A. 359 of 2018, the MSCA “is a state institution within the meaning of section 9 of article II of the state constitution of 1963, and an instrumentality of this state exercising public and essential governmental functions. The creation of the [MSCA] and the carrying out of the [MSCA’s] authorized purposes are public and essential governmental purposes for the benefit of the people of this state and for the improvement of the health, safety, welfare, comfort and security of the people of this state, and these purposes are public purposes. The [MSCA] will be performing an essential governmental function in the exercise of the powers conferred upon it by this act.” MCL 254.324b.

  • No. The MSCA was charged by the Legislature with entering into an agreement or series of agreements “for the construction, maintenance, operation and decommissioning of a utility tunnel” if MSCA found the agreement met all the criteria listed in MCL 254.324d. The MSCA does not possess any powers not explicitly granted to it under P.A. 359 of 2018 and cannot prohibit construction of the proposed Utility Tunnel. It can, however, require that the Utility Tunnel’s design and construction meet all requirements of the Tunnel Agreement.

  • No, the MSCA does not possess any powers beyond what is explicitly granted to it under P.A. 359 of 2018 and has no authority or oversight over Line 5 except with respect to the relocation of a portion of Line 5 into the Utility Tunnel.

  • Once the Utility Tunnel is constructed in accordance with the Tunnel Agreement, the MSCA will accept ownership (title) of the Utility Tunnel and will be able to lease space in the Utility Tunnel to Enbridge for Line 5 and other third-party utilities. The MSCA will not own any pipelines, including the portion of Enbridge’s Line 5 pipeline that it plans to relocate into the Utility Tunnel once construction is completed, or any other utilities that may be located in the Utility Tunnel. The process for granting use rights to a third-party utility is set forth in Tunnel Agreement Section 3.3, and in Schedule 1 attached to the Tunnel Agreement. Any utilities interested in being granted use rights in the Utility Tunnel should contact the MSCA at MDOT-MSCA@Michigan.gov.

  • To construct the Utility Tunnel, Enbridge must obtain permits from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and the U.S. Army Corps of Engineers (USACE). Additionally, to relocate a portion of Line 5 into the Utility Tunnel, Enbridge must obtain a permit from the Michigan Public Service Commission (MPSC). EGLE and the MSPC previously issued permits; the USACE has said it currently expects to complete its draft Environmental Impact Statement (EIS) for the project in spring 2025 and complete the Final EIS and Record of Decision (ROD) in early 2026. The MPSC permit is currently under appeal; in fall 2024, Enbridge announced it will allow the current EGLE permit to expire in 2026 and apply for a new one.

  • The MSCA has been actively engaged in fulfilling all the requirements of the Tunnel Agreement and has contracted with nationally recognized tunnel experts and advisors to assist it through the entire design and construction process. In addition, Enbridge is required by the Tunnel Agreement to provide the funds necessary for the MSCA to retain an Independent Quality Assurance Contractor (IQA) with appropriate technical expertise to monitor the construction of the Utility Tunnel and provide information to the MSCA. The Tunnel Agreement further requires Enbridge to provide the IQA, or other representatives of the MSCA, reasonable access to construction documents and construction sites necessary to complete standard of practice quality assurance. Further, the Tunnel Agreement required Enbridge and the MSCA to jointly develop project specifications related to the design and construction of the Utility Tunnel; the MSCA approved the project specifications in December 2023 prior to Enbridge soliciting requests for proposals from prospective contractors. The MSCA was also involved in reviewing both the request for proposals and observing the contractor selection process for tunnel construction to ensure compliance with the Tunnel Agreement. The MSCA retained a nationally recognized independent tunnel consultant with decades of experience to provide ongoing advice through the design and construction process.

  • Upon substantial completion of the Utility Tunnel’s construction and after Enbridge meets all requirements of the Tunnel Agreement, the MSCA will take ownership (title) of the Utility Tunnel. A Tunnel Completion Report, documenting substantial completion of the Utility Tunnel, will include, among other things, a certification by Enbridge that the Utility Tunnel is free of liens and has been completed in accordance with the project specifications, as well as any material changes approved by the MSCA.

    After construction is completed, the MSCA will also need to approve an Operation and Maintenance (O&M) Plan by Enbridge to achieve a 99-year design life for the Utility Tunnel. Once the Utility Tunnel has met all requirements of the Tunnel Agreement, MSCA will accept ownership (title) and a 99-year lease will be granted to Enbridge, obligating it fulfill the approved O&M Plan to operate and maintain the Utility Tunnel for a term of 99 years. The lease will include continuing provisions for the MSCA to exercise oversight of the Utility Tunnel’s operation and maintenance.

  • Both P.A. 359 of 2018 and the Tunnel Agreement require that the private partner (Enbridge) is responsible for all costs related to operation and maintenance of the Utility Tunnel during the term of the lease, as well as eventual decommissioning.

    Article 10 of the Tunnel Agreement also requires that Enbridge carry insurance policies naming the MSCA and the State of Michigan as additional insureds. Additionally, Article 11 of the Tunnel Agreement requires Enbridge to defend, indemnify, protect and hold harmless the MSCA and the State of Michigan from and against any claim or liability arising from the design, construction, operation and maintenance of the Utility Tunnel or the Line 5 replacement segment. Finally, Article 13 of the Tunnel Agreement governs the costs for decommissioning the Utility Tunnel in accordance with the proposed tunnel lease, attached to and part of the Tunnel Agreement.

  • P.A. 359 of 2018 created the MSCA within the “state transportation department,” which is the Michigan Department of Transportation (MDOT). MDOT, which has expertise in major infrastructure projects, has provided advisory guidance when developing and reviewing contracts and technical specifications for the Utility Tunnel, and also provides administrative support to the MSCA.

  • MCL 254.324c provided for the creation of the straits protection fund within the state treasury, from which MSCA and their representatives’ (excluding the IQA) expenses fulfilling the requirements set forth in the Tunnel Agreement to assure the Utility Tunnel is designed and constructed to current and safe standards, and MDOT expenses associated with the Utility Tunnel project, are paid.

  • The MSCA board consists of three members appointed by the governor, with the advice and consent of the Michigan Senate. No more than two members can be members of the same political party. Members serve for terms of six years or until a successor is appointed and qualified, whichever is later. If a vacancy occurs on the board, the governor, with the advice and consent of the Senate, will make an appointment for the unexpired term in the same manner as the original appointment.

  • Members of the MSCA serve on a voluntary basis, without compensation. However, members are reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the board, unless they decline to accept reimbursement.

  • If there are vacancies on the MSCA board, interested residents can apply to be appointed through Michigan’s Office of the Governor.

    Notice of MSCA meeting locations, times and agendas are posted prior to each meeting date. All MSCA meetings are open to the public and attendance is encouraged. The MSCA website also has links to recordings of previous meetings.

    Attendees who require mobility, visual, hearing, written or other assistance for effective participation should contact MDOT Title VI Coordinator Orlando Curry at 517-241-7462, preferably at least five business days prior to the scheduled meeting. Forms are located on the MDOT Title VI webpage. Requests made after this timeframe will be evaluated and honored to the extent possible. Comments about the MSCA or the Utility Tunnel can be sent to MDOT-MSCA@Michigan.gov.