1.1 	A bill for an act
1.2 	relating to natural resources; modifying off-highway
1.3 	vehicle provisions; providing certain rulemaking
1.4 	exemptions; modifying forest classification review;
1.5 	amending Minnesota Statutes 2004, sections 84.798,
1.6 	subdivision 1; 84.9256, subdivision 1; 84.926; 89.19,
1.7 	subdivision 2; Laws 2003, chapter 128, article 1,
1.8 	section 167, subdivision 1.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 84.798,
1.11 	subdivision 1, is amended to read:
1.12 		Subdivision 1.General requirements.  Unless exempted
1.13 	under subdivision 2, after January 1, 1995, a person may not
1.14 	operate and an owner may not give permission for another to
1.15 	operate a vehicle off-road, nor may a person have an off-road
1.16 	vehicle not registered under chapter 168 in possession at an
1.17 	off-road vehicle staging area, or designated trail on trails or
1.18 	area areas designated for off-road vehicle use on land
1.19 	administered by the commissioner, or on off-road vehicle
1.20 	grant-in-aid trails and areas funded under section 84.803,
1.21 	unless the vehicle has been registered under this section.

1.22 	Sec. 2. Minnesota Statutes 2004, section 84.9256,
1.23 	subdivision 1, is amended to read:
1.24 		Subdivision 1.Prohibitions on youthful operators.  (a)
1.25 	Except for operation on public road rights-of-way that is
1.26 	permitted under section 84.928, a driver's license issued by the
1.27 	state or another state is required to operate an all-terrain
2.1 	vehicle along or on a public road right-of-way.
2.2 	(b) A person under 12 years of age shall not:
2.3 	(1) make a direct crossing of a public road right-of-way;
2.4 	(2) operate an all-terrain vehicle on a public road
2.5 	right-of-way in the state; or
2.6 	(3) operate an all-terrain vehicle on public lands or
2.7 	waters.
2.8 	(c) Except for public road rights-of-way of interstate
2.9 	highways, a person 12 years of age but less than 16 years may
2.10 	make a direct crossing of a public road right-of-way of a trunk,
2.11 	county state-aid, or county highway or operate on public lands
2.12 	and waters, only if that person possesses a valid all-terrain
2.13 	vehicle safety certificate issued by the commissioner and is
2.14 	accompanied on another all-terrain vehicle by a person 18 years
2.15 	of age or older who holds a valid driver's license.
2.16 	(d) All-terrain vehicle safety certificates issued by the
2.17 	commissioner to persons 12 years old, but less than 16 years
2.18 	old, are not valid for machines in excess of 90cc engine
2.19 	capacity unless:
2.20 	(1) the person successfully completed the safety education
2.21 	and training program under section 84.925, subdivision 1,
2.22 	including a riding component; and 
2.23 	(2) the riding component of the training was conducted
2.24 	using an all-terrain vehicle with over 90cc engine capacity; and 
2.25 	(3) the person is able to properly reach and control the
2.26 	handle bars and reach the foot pegs while sitting upright on the
2.27 	seat of the all-terrain vehicle.

2.28 	Sec. 3. Minnesota Statutes 2004, section 84.926, is
2.29 	amended to read:
2.30 	84.926 VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
2.31 	COMMISSIONER ; EXCEPTIONS.
2.32 		Subdivision 1.Exception by permit.
 2.33 	Notwithstanding section sections 84.773, subdivision 1, and 
2.34 	84.777, on a case by case basis, the commissioner may issue a
2.35 	permit authorizing a person to operate an off-highway vehicle on
2.36 	individual public trails under the commissioner's jurisdiction
3.1 	during specified times and for specified purposes.
3.2 		Subd. 2.All-terrain vehicles; managed or limited
3.3 	forests; off trail. Notwithstanding section 84.777, on state
3.4 	forest lands classified as managed or limited, other than the
3.5 	Richard J. Dorer Memorial Hardwood Forest, a person may use an
3.6 	all-terrain vehicle off forest trails or forest roads when:
3.7 	(1) hunting big game or transporting or installing hunting
3.8 	stands during October, November, and December, when in
3.9 	possession of a valid big game hunting license;
3.10 	(2) retrieving big game in September, when in possession of
3.11 	a valid big game hunting license;
3.12 	(3) tending traps during an open trapping season for
3.13 	protected furbearers, when in possession of a valid trapping
3.14 	license; or 
3.15 	(4) trapping minnows, when in possession of a valid minnow
3.16 	dealer, private fish hatchery, or aquatic farm license.
3.17 		Subd. 3.All-terrain vehicles; closed forests;
3.18 	hunting. Notwithstanding section 84.777, the commissioner may
3.19 	determine whether all-terrain vehicles are allowed on specific
3.20 	forest roads, on state forest lands classified as closed, for
3.21 	the purpose of hunting big game during an open big game season.
3.22 	The determination shall be by written order and published in the
3.23 	State Register and is exempt from chapter 14.  Section 14.386
3.24 	does not apply.
3.25 		Subd. 4.Off-road and all-terrain vehicles; limited or
3.26 	managed forests; trails. Notwithstanding section 84.777, on
3.27 	state forest lands classified as limited or managed, other than
3.28 	the Richard J. Dorer Memorial Hardwood Forest, a person may use
3.29 	all-terrain vehicles on forest trails that are not designated
3.30 	for a specific use when:
3.31 	(1) hunting big game or transporting or installing hunting
3.32 	stands during October, November, and December, when in
3.33 	possession of a valid big game hunting license;
3.34 	(2) retrieving big game in September, when in possession of
3.35 	a valid big game hunting license;
3.36 	(3) tending traps during an open trapping season for
4.1 	protected furbearers, when in possession of a valid trapping
4.2 	license; or 
4.3 	(4) trapping minnows, when in possession of a valid minnow
4.4 	dealer, private fish hatchery, or aquatic farm license.

4.5 	Sec. 4. Minnesota Statutes 2004, section 89.19,
4.6 	subdivision 2, is amended to read:
4.7 		Subd. 2.Rulemaking exemption.  Designations and
4.8 	undesignations of forest trails by the commissioner shall be by
4.9 	written order published in the State Register.  Designations and
4.10 	undesignations are not subject to the rulemaking provisions of
4.11 	chapter 14 and section 14.386 does not apply.  Before
4.12 	designating or undesignating forest trails, the commissioner
4.13 	shall hold a public meeting in the county where the largest
4.14 	portion of the forest lands are located to provide information
4.15 	to and receive comment from the public regarding the proposed
4.16 	trail designation or undesignation.  Sixty days before the
4.17 	public meeting, notice of the proposed forest trail designation
4.18 	or undesignation shall be published in the legal newspapers that
4.19 	serve the counties in which the lands are located, in a
4.20 	statewide Department of Natural Resources news release, and in
4.21 	the State Register.

4.22 	Sec. 5. Laws 2003, chapter 128, article 1, section 167,
4.23 	subdivision 1, is amended to read:
4.24 		Subdivision 1.Forest classification status review. (a)
4.25 	By December 31, 2006, the commissioner of natural resources
4.26 	shall complete a review of the forest classification status of
4.27 	all state forests classified as managed or limited, all forest
4.28 	lands under the authority of the commissioner as defined in
4.29 	Minnesota Statutes, section 89.001, subdivision 13, and lands
4.30 	managed by the commissioner under Minnesota Statutes, section
4.31 	282.011.  The review must be conducted on a forest-by-forest and
4.32 	area-by-area basis in accordance with the process and criteria
4.33 	under Minnesota Rules, part 6100.1950.  After each forest is
4.34 	reviewed, the commissioner must change its the status of the
4.35 	lands within each forest to limited or closed, and .  The
4.36 	commissioner may classify portions of a limited forest as
5.1 	closed.  In addition to state forests, the commissioner must
5.2 	also provide a similar status for each of the other areas
5.3 	subject to review under this section after each individual
5.4 	review is completed.
5.5 	(b) If the commissioner determines on January 1, 2005, that
5.6 	the review required under this section cannot be completed by
5.7 	December 31, 2006, the completion date for the review shall be
5.8 	extended to December 31, 2008.  By January 15, 2005, the
5.9 	commissioner shall report to the chairs of the legislative
5.10 	committees with jurisdiction over natural resources policy and
5.11 	finance regarding the status of the process required by this
5.12 	section.
5.13 	(c) Until December 31, 2010, the state forests and areas
5.14 	subject to review under this section are exempt from Minnesota
5.15 	Statutes, section 84.777, unless an individual forest or area
5.16 	has been classified as limited or closed.