1.1 	A bill for an act
1.2 	relating to natural resources; modifying restrictions related to off-highway 
1.3 	vehicle use; creating an off-highway vehicle safety and conservation program; 
1.4 	increasing the registration fee for all-terrain vehicles; providing for state forest 
1.5 	traditional areas; appropriating money;amending Minnesota Statutes 2006, 
1.6 	sections 84.777; 84.922, subdivision 5; Laws 2003, chapter 128, article 1, section 
1.7 	167, subdivision 1, as amended; proposing coding for new law in Minnesota 
1.8 	Statutes, chapters 84; 89.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2006, section 84.777, is amended to read:
1.11 	84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.
1.12 		Subdivision 1.Designated trails. (a) Except as otherwise allowed by law or rules 
1.13 	adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787
1.14 	to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state 
1.15 	land administered by the commissioner of natural resources, and on county-administered 
1.16 	forest land within the boundaries of a state forest, except on roads and trails specifically 
1.17 	designated and posted by the commissioner for use by off-highway vehicles. 
1.18 	(b) Paragraph (a) does not apply to county-administered land within a state forest if 
1.19 	the county board adopts a resolution that modifies restrictions on the use of off-highway 
1.20 	vehicles on county-administered land within the forest.
1.21 		Subd. 2.Off-highway vehicle seasons; winter trails; state forest land. (a) 
1.22 	The commissioner shall prescribe the season between April 15 and December 31 for 
1.23 	off-highway vehicle use on state forest lands. Except for posted winter trails designated 
1.24 	under paragraph (b), a person must not operate an off-highway vehicle on state forest 
1.25 	lands outside of the season prescribed under this paragraph.
2.1 	(b) The commissioner shall designate and post winter trails on state forest lands 
2.2 	for use by off-highway vehicles.
2.3 	(c) For the purposes of this subdivision, "state forest lands" means forest lands under 
2.4 	the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 
2.5 	managed by the commissioner under section 282.011.
2.6 		Subd. 3.Mapped trails. Except as provided in sections 84.926 and 84.928, 
2.7 	effective January 1, 2008, a person must not operate an off-highway vehicle on state land 
2.8 	that is not mapped for the type of off-highway vehicle.

2.9 	Sec. 2. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION 
2.10 	PROGRAM.
2.11 		Subdivision 1.Creation. The commissioner of natural resources shall establish 
2.12 	a program to promote the safe and responsible operation of off-highway vehicles in a 
2.13 	manner that does not harm the environment. The commissioner shall coordinate the 
2.14 	program through the regional offices of the Department of Natural Resources.
2.15 		Subd. 2.Purpose. The purpose of the program is to encourage organizations to 
2.16 	assist, on a volunteer basis, in improving, maintaining, and monitoring trails on state 
2.17 	forest land and other public lands.
2.18 		Subd. 3.Agreements. (a) The commissioner shall enter into informal agreements 
2.19 	with organizations that promote the safe and responsible operation of off-highway 
2.20 	vehicles in a manner that does not harm the environment for volunteer services to 
2.21 	maintain, make improvements to, and monitor trails on state forest land and other public 
2.22 	lands. The organizations shall promote the operation of off-highway vehicles in a safe 
2.23 	and responsible manner that complies with the laws and rules that relate to the operation 
2.24 	of off-highway vehicles.
2.25 	(b) The organizations may provide assistance to the department in locating, 
2.26 	recruiting, and training instructors for off-highway vehicle training programs.
2.27 	(c) The commissioner may provide assistance to enhance the comfort and safety 
2.28 	of volunteers and to facilitate the implementation and administration of the safety and 
2.29 	conservation program.
2.30 	(d) The commissioner shall establish standards and certify organizations and 
2.31 	individuals participating as volunteers under this section.
2.32 		Subd. 4.Worker displacement prohibited. The commissioner may not enter into 
2.33 	any agreement that has the purpose of or results in the displacement of public employees 
2.34 	by volunteers participating in the off-highway safety and conservation program under 
2.35 	this section. The commissioner must certify to the appropriate bargaining agent that the 
3.1 	work performed by a volunteer will not result in the displacement of currently employed 
3.2 	workers or workers on seasonal layoff or layoff from a substantially equivalent position, 
3.3 	including partial displacement such as reduction in hours of nonovertime work, wages, or 
3.4 	other employment benefits.
3.5 		Subd. 5.Off-Highway Vehicle Safety Advisory Council. (a) The commissioner 
3.6 	of natural resources shall appoint an Off-Highway Vehicle Safety Advisory Council to 
3.7 	advise the commissioner on:
3.8 	(1) off-highway vehicle safety; and
3.9 	(2) standards and certification for organizations and individuals participating as 
3.10 	volunteers under this section.

3.11 	Sec. 3. Minnesota Statutes 2006, section 84.922, subdivision 5, is amended to read:
3.12 		Subd. 5.Fees for registration. (a) The fee for a three-year registration of 
3.13 	an all-terrain vehicle under this section, other than those registered by a dealer or 
3.14 	manufacturer under paragraph (b) or (c), is:
3.15 	(1) for public use before January 1, 2005, $23;
3.16 	(2) for public use on January 1, 2005, and after, $30 $45;
3.17 	(3) (2) for private use, $6; and
3.18 	(4) (3) for a duplicate or transfer, $4.
3.19 	(b) The total registration fee for all-terrain vehicles owned by a dealer and operated 
3.20 	for demonstration or testing purposes is $50 per year. Dealer registrations are not 
3.21 	transferable.
3.22 	(c) The total registration fee for all-terrain vehicles owned by a manufacturer and 
3.23 	operated for research, testing, experimentation, or demonstration purposes is $150 per 
3.24 	year. Manufacturer registrations are not transferable.
3.25 	(d) The fees collected under this subdivision must be credited to the all-terrain 
3.26 	vehicle account.

3.27 	Sec. 4. [89.0212] STATE FOREST TRADITIONAL AREAS.
3.28 		Subdivision 1.Definition. For purposes of this section, "state forest traditional 
3.29 	area" or "traditional area" means the portion of a state forest dedicated to traditional uses, 
3.30 	including but not limited to logging, hunting, fishing, wildlife watching, hiking, biking, 
3.31 	canoeing, and berry picking.
3.32 		Subd. 2.Designation. By December 31, 2008, the commissioner must designate a 
3.33 	portion of each state forest identified in section 89.021 as a state forest traditional area. 
3.34 	Tax-forfeited lands within traditional areas shall be managed by the commissioner.
4.1 		Subd. 3.Vehicle restrictions. Within a state forest traditional area:
4.2 	(1) no all-terrain vehicles, as defined under section 84.92, are allowed on state 
4.3 	forest roads;
4.4 	(2) no trails for off-highway vehicles, as defined under section 84.771, are allowed; 
4.5 	and
4.6 	(3) no hunting or trapping using an off-highway vehicle is allowed.
4.7 		Subd. 4.Classification. The commissioner shall designate traditional areas in each 
4.8 	state forest, whether classified as limited, closed, or managed.

4.9 	Sec. 5. Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by 
4.10 	Laws 2005, First Special Session chapter 1, article 2, section 152, is amended to read:
4.11 	Sec. 167. FOREST LAND OFF-HIGHWAY VEHICLE USE 
4.12 	RECLASSIFICATION.
 4.13 		Subdivision 1.Forest classification status review. (a) By December 31, 2006, the 
4.14 	commissioner of natural resources shall complete a review of the forest classification status 
4.15 	of all state forests classified as managed or limited, all forest lands under the authority of 
4.16 	the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and 
4.17 	lands managed by the commissioner under Minnesota Statutes, section 282.011. The 
4.18 	review must be conducted on a forest-by-forest and area-by-area basis in accordance with 
4.19 	the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in 
4.20 	paragraph (d), after each forest is reviewed, the commissioner must change its status to 
4.21 	limited or closed, and must provide a similar status for each of the other areas subject to 
4.22 	review under this section after each individual review is completed.
4.23 	(b) If the commissioner determines on January 1, 2005, that the review required 
4.24 	under this section cannot be completed by December 31, 2006, the completion date for the 
4.25 	review shall be extended to December 31, 2008. By January 15, 2005, the commissioner 
4.26 	shall report to the chairs of the legislative committees with jurisdiction over natural 
4.27 	resources policy and finance regarding the status of the process required by this section.
4.28 	(c) Until December 31, 2010, the state forests and areas subject to review under this 
4.29 	section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or 
4.30 	area has been classified as limited or closed.
4.31 	(d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes, 
4.32 	section 84.777, subdivision 1, all forest lands under the authority of the commissioner as 
4.33 	defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the 
4.34 	commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway 
4.35 	2 shall maintain their present classification unless the commissioner reclassifies the lands 
5.1 	under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal 
5.2 	trail closures when conditions warrant them. By December 31, 2008, the commissioner 
5.3 	shall complete the review and designate trails on forest lands north of Highway 2 as 
5.4 	provided in this section.

5.5 	Sec. 6. APPROPRIATIONS.
 5.6 	(a) The amounts in paragraphs (b) to (j) are appropriated from the all-terrain vehicle 
5.7 	account in the natural resources fund in fiscal years 2008 and 2009 to the commissioner 
5.8 	of natural resources.
5.9 	(b) $1,564,000 each year is for state trails operations related to all-terrain vehicles.
5.10 	(c) $1,075,000 each year is for all-terrain vehicle trail grants-in-aid.
5.11 	(d) $373,000 each year is for licensing activities related to all-terrain vehicles.
5.12 	(e) $150,000 each year is for environmental service activities related to all-terrain 
5.13 	vehicles.
5.14 	(f) $2,036,000 each year is for state enforcement of all-terrain vehicle laws.
5.15 	(g) $213,000 each year is for grants to county law enforcement agencies for 
5.16 	all-terrain vehicle enforcement.
5.17 	(h) $500,000 each year is for all-terrain vehicle education and training programs. 
5.18 	Of this amount, $50,000 the first year and $225,000 the second year are for grants to 
5.19 	qualifying off-highway vehicle organizations to assist in safety and environmental 
5.20 	education and monitoring trails on public lands. $25,000 each year is for administration 
5.21 	of the grants.
5.22 	(i) $100,000 each year is for all-terrain vehicle projects conducted by the Minnesota 
5.23 	Conservation Corps.
5.24 	(j) $51,000 each year is for statewide indirect costs.