1.1 	A bill for an act
1.2 	relating to natural resources; modifying off-highway vehicle provisions; 
1.3 	requiring designation of state forest traditional areas; providing exemptions from 
1.4 	rulemaking;amending Minnesota Statutes 2006, section 84.777; Laws 2003, 
1.5 	chapter 128, article 1, section 167, subdivision 1, as amended; proposing coding 
1.6 	for new law in Minnesota Statutes, chapter 89.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2006, section 84.777, is amended to read:
1.9 	84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.
1.10 		Subdivision 1.Designated trails. (a) Except as otherwise allowed by law or rules 
1.11 	adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787
1.12 	to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state 
1.13 	land administered by the commissioner of natural resources, and on county-administered 
1.14 	forest land within the boundaries of a state forest, except on roads and trails specifically 
1.15 	designated and posted by the commissioner for use by off-highway vehicles. 
1.16 	(b) Paragraph (a) does not apply to county-administered land within a state forest if 
1.17 	the county board adopts a resolution that modifies restrictions on the use of off-highway 
1.18 	vehicles on county-administered land within the forest.
1.19 		Subd. 2.Off-highway vehicle seasons.  (a) The commissioner shall prescribe 
1.20 	seasons for off-highway vehicle use on state forest lands. Except for designated forest 
1.21 	roads, a person must not operate an off-highway vehicle on state forest lands outside of 
1.22 	the season prescribed under this paragraph.
1.23 	(b) The commissioner may designate and post winter trails on state forest lands 
1.24 	for use by off-highway vehicles.
2.1 	(c) For the purposes of this subdivision, "state forest lands" means forest lands under 
2.2 	the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 
2.3 	managed by the commissioner under section 282.011.
2.4 		Subd. 3.Mapped trails. Except as provided in sections 84.926 and 84.928, 
2.5 	effective December 31, 2010, a person must not operate an off-highway vehicle on state 
2.6 	land that is not mapped for the type of off-highway vehicle.
2.7 		Subd. 4.Exemption from rulemaking. Determinations of the commissioner under 
2.8 	this section may be by written order published in the State Register and are exempt from 
2.9 	the rulemaking provisions of chapter 14. Section 14.386 does not apply.

2.10 	Sec. 2. [89.0212] STATE FOREST TRADITIONAL AREAS.
2.11 		Subdivision 1.Definition. For purposes of this section, "state forest traditional 
2.12 	area" or "traditional area" means the portion of a state forest dedicated to traditional 
2.13 	uses, including but not limited to logging, hunting, trapping, fishing, wildlife watching, 
2.14 	snowmobiling, hiking, biking, canoeing, and berry picking.
2.15 		Subd. 2.Designation. By December 31, 2008, the commissioner shall designate 
2.16 	state forest traditional areas. 
2.17 		Subd. 3.Vehicle restrictions. Within a state forest traditional area:
2.18 	(1) no off-highway vehicles, as defined under section 84.771, are allowed off of 
2.19 	state forest roads;
2.20 	(2) no trails for off-highway vehicles, as defined under section 84.771, are allowed; 
2.21 	and
2.22 	(3) no hunting or trapping using an off-highway vehicle is allowed.
2.23 	These restrictions are subject to exception by permit under section 84.926, subdivision 1.
2.24 		Subd. 4.Exemption from rulemaking. Determinations of the commissioner under 
2.25 	this section may be by written order published in the State Register and are exempt from 
2.26 	the rulemaking provisions of chapter 14. Section 14.386 does not apply.

2.27 	Sec. 3. Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by 
2.28 	Laws 2005, First Special Session chapter 1, article 2, section 152, is amended to read:
2.29 		Subdivision 1.Forest classification status review. (a) By December 31, 2006, the 
2.30 	commissioner of natural resources shall complete a review of the forest classification status 
2.31 	of all state forests classified as managed or limited, all forest lands under the authority of 
2.32 	the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and 
2.33 	lands managed by the commissioner under Minnesota Statutes, section 282.011. The 
2.34 	review must be conducted on a forest-by-forest and area-by-area basis in accordance with 
3.1 	the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in 
3.2 	paragraph (d), after each forest is reviewed, the commissioner must change itsthe status 
3.3 	of the lands within each forest to limited or closed, and . The commissioner may classify 
3.4 	portions of a limited forest as closed. The commissioner must also provide a similar 
3.5 	status for each of the other areas subject to review under this section after each individual 
3.6 	review is completed.
3.7 	(b) If the commissioner determines on January 1, 2005, that the review required 
3.8 	under this section cannot be completed by December 31, 2006, the completion date for the 
3.9 	review shall be extended to December 31, 2008. By January 15, 2005, the commissioner 
3.10 	shall report to the chairs of the legislative committees with jurisdiction over natural 
3.11 	resources policy and finance regarding the status of the process required by this section.
3.12 	(c) Until December 31, 2010, the state forests and areas subject to review under this 
3.13 	section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or 
3.14 	area has been classified as limited or closed.
3.15 	(d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes, 
3.16 	section 84.777, subdivision 1, all forest lands under the authority of the commissioner as 
3.17 	defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the 
3.18 	commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway 
3.19 	2 shall maintain their present classification unless the commissioner reclassifies the lands 
3.20 	under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal 
3.21 	trail closures when conditions warrant them. By December 31, 2008, the commissioner 
3.22 	shall complete the review and designate trails on forest lands north of Highway 2 as 
3.23 	provided in this section.