HF 1285

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:47am

A bill for an act
relating to natural resources; eliminating managed forests for purposes of
off-highway vehicle travel; modifying forest classification requirements;
amending Minnesota Statutes 2008, section 84.926, subdivisions 2, 4; Laws
2003, chapter 128, article 1, section 167, subdivision 1, as amended.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 84.926, subdivision 2, is amended to read:

Subd. 2.

All-terrain vehicles; deleted text begin managed or deleted text end limited forests; off trail.

Notwithstanding section 84.777, but subject to the commissioner's authority under
subdivision 5, on state forest lands classified as deleted text begin managed or deleted text end limited, other than the Richard
J. Dorer Memorial Hardwood Forest, a person may use an all-terrain vehicle off forest
trails or forest roads when:

(1) hunting big game or transporting or installing hunting stands during October,
November, and December, when in possession of a valid big game hunting license;

(2) retrieving big game in September, when in possession of a valid big game
hunting license;

(3) tending traps during an open trapping season for protected furbearers, when in
possession of a valid trapping license; or

(4) trapping minnows, when in possession of a valid minnow dealer, private fish
hatchery, or aquatic farm license.

Sec. 2.

Minnesota Statutes 2008, section 84.926, subdivision 4, is amended to read:

Subd. 4.

Off-road and all-terrain vehicles; limited deleted text begin or managed deleted text end forests; trails.

Notwithstanding section 84.777, but subject to the commissioner's authority under
subdivision 5, on state forest lands classified as limited deleted text begin or managed deleted text end , other than the Richard
J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter
168 or section 84.798 or 84.922, including class 2 all-terrain vehicles, on forest trails that
are not designated for a specific use when:

(1) hunting big game or transporting or installing hunting stands during October,
November, and December, when in possession of a valid big game hunting license;

(2) retrieving big game in September, when in possession of a valid big game
hunting license;

(3) tending traps during an open trapping season for protected furbearers, when in
possession of a valid trapping license; or

(4) trapping minnows, when in possession of a valid minnow dealer, private fish
hatchery, or aquatic farm license.

Sec. 3.

Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by
Laws 2005, First Special Session chapter 1, article 2, section 152, is amended to read:

Sec. 167. FOREST LAND OFF-HIGHWAY VEHICLE USE
RECLASSIFICATION.

Subdivision 1.

Forest classification status review.

(a) By December 31, 2006, the
commissioner of natural resources shall complete a review of the forest classification status
of all state forests classified as managed or limited, all forest lands under the authority of
the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and
lands managed by the commissioner under Minnesota Statutes, section 282.011. The
review must be conducted on a forest-by-forest and area-by-area basis in accordance with
the process and criteria under Minnesota Rules, part 6100.1950. deleted text begin Except as provided in
paragraph (d), deleted text end After each forest is reviewed, the commissioner must change its status to
limited or closed, and must provide a similar status for each of the other areas subject to
review under this section after each individual review is completed.

(b) If the commissioner determines on January 1, 2005, that the review required
under this section cannot be completed by December 31, 2006, the completion date for the
review shall be extended to December 31, 2008. By January 15, 2005, the commissioner
shall report to the chairs of the legislative committees with jurisdiction over natural
resources policy and finance regarding the status of the process required by this section.

(c) Until December 31, 2010, the state forests and areas subject to review under this
section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or
area has been classified as limited or closed.

deleted text begin (d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes, section
84.777, all forest lands under the authority of the commissioner as defined in Minnesota
Statutes, section 89.001, subdivision 13, and lands managed by the commissioner under
Minnesota Statutes, section 282.011, that are north of U.S. Highway 2 shall maintain their
present classification unless the commissioner reclassifies the lands under Minnesota
Rules, part 6100.1950. The commissioner shall provide for seasonal trail closures when
conditions warrant them. By December 31, 2008, the commissioner shall complete the
review and designate trails on forest lands north of Highway 2 as provided in this section.
deleted text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end