Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 355-H.F.No. 2970 
                  An act relating to natural resources; imposing 
                  requirements on certain purchases of the commissioner 
                  of natural resources; requiring certain rule 
                  amendments; authorizing hiring of certain employees; 
                  authorizing certain reimbursements for snowmobile 
                  trail grooming equipment; authorizing counties to 
                  raise snowmobile speed limits on certain lakes; 
                  appropriating money for maintenance, monitoring, and 
                  enforcement related to recreational motor vehicle use; 
                  amending Minnesota Statutes 2000, section 84.025, by 
                  adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 84.025, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [RECREATIONAL VEHICLES AND BOATS USED FOR PUBLIC 
        PURPOSES.] All snowmobiles and outboard motors that are 
        purchased by the commissioner of natural resources must be of 
        the four-stroke engine model.  All all-terrain vehicles 
        purchased by the commissioner must be manufactured in the state 
        of Minnesota. 
           Sec. 2.  [PUBLIC USE OF RECREATIONAL AREAS; RULES.] 
           (a) The commissioner of natural resources shall amend the 
        permanent rules relating to public use of recreational areas, 
        Minnesota Rules, parts 6100.0100 to 6100.2400, according to this 
        section and pursuant to Minnesota Statutes, section 14.388. 
           (b) Minnesota Rules, part 6100.1950, subpart 1, item A, 
        shall be amended to read:  "A.  On forest lands classified as 
        managed, a person may operate a motor vehicle only on forest 
        roads and forest trails that are not posted and designated 
        closed and in areas that are posted and designated to allow 
        motor vehicle use, subject to the limitations and exceptions in 
        this part." 
           (c) Minnesota Rules, part 6100.1950, subpart 1, item B, 
        shall be amended to read:  "B. On forest lands classified as 
        limited, a person may operate a motor vehicle only on forest 
        roads that are not posted and designated closed and on forest 
        trails or areas that are posted and designated to allow motor 
        vehicle use, subject to the limitations and exceptions in this 
        part." 
           (d) Minnesota Rules, part 6100.1950, subpart 7, item D, 
        shall be amended to read:  "D.  Except as provided in item C, on 
        forest lands classified as managed or limited, a person may use 
        an ATV off forest trails in a manner consistent with this 
        subpart when lawfully: 
           (1) engaged in hunting big game or constructing hunting 
        stands during October, November, and December; 
           (2) retrieving big game during September; or 
           (3) trapping during open seasons." 
           (e) Minnesota Rules, part 6100.1950, subpart 7, shall be 
        amended by adding a new item F to read:  "F.  Subpart 1 does not 
        apply to motor vehicles used to carry out silvicultural 
        activities, including timber cruising, and the harvest and 
        transport of forest products for commercial purposes." 
           (f) Minnesota Rules, part 6100.1950, subpart 7, shall be 
        amended by adding a new item G to read:  "G.  The commissioner 
        may grant a variance from the requirements of subpart 1 to 
        private landowners and leaseholders when the only reasonable 
        access to their land is across state forest lands."  
           Sec. 3.  [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA.] 
           Notwithstanding Laws 2002, chapter 220, article 10, section 
        38, the commissioner may hire employees for the operations and 
        maintenance of the Iron Range off-highway vehicle recreation 
        area using money appropriated for this purpose in Laws 2001, 
        First Special Session chapter 2, section 5, subdivision 6. 
           Sec. 4.  [SNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT; 
        AUTHORIZATION.] 
           Upon a showing of need, the commissioner of natural 
        resources may use up to 50 percent of a snowmobile maintenance 
        and grooming grant under Minnesota Statutes, section 84.83, that 
        was available as of December 31, 2001, to reimburse the intended 
        recipient for expenses incurred in the purchase or lease of 
        snowmobile trail grooming equipment to be used for grant-in-aid 
        trails.  The costs must be incurred between July 1, 2001, and 
        May 1, 2002, and recipients must provide acceptable 
        documentation of the costs to the commissioner.  All 
        applications for reimbursement under this section must be 
        received no later than September 1, 2002. 
           Sec. 5.  [84.87] [Subd. 4.] [SNOWMOBILE SPEED LIMIT; LAKES 
        GREATER THAN 10,000 ACRES.] 
           Notwithstanding any law or rule to the contrary, a county 
        may enact an ordinance to raise the speed limit up to 65 miles 
        per hour for snowmobiles traveling on marked trails during 
        daylight hours on lakes greater than 10,000 acres, subject to 
        the approval of the commissioner of natural resources.  Within 
        any posted speed limit, it remains unlawful for any person to 
        drive or operate any snowmobile at a rate of speed greater than 
        is reasonable or proper under all of the surrounding conditions 
        or circumstances. 
           Sec. 6.  [APPROPRIATION.] 
           $1,215,000 in fiscal year 2003 is appropriated from the 
        natural resources fund to the commissioner of natural resources 
        for maintaining lands and trails administered by the 
        commissioner and open to recreational motor vehicle use and for 
        monitoring and enforcement activities on those lands and trails 
        and environmental review on planned recreational motor vehicle 
        trails.  Of this amount, $700,000 is from the all-terrain 
        vehicle account, $460,000 is from the off-road vehicle account, 
        and $55,000 is from the off-highway motorcycle account.  
        Notwithstanding Laws 2002, chapter 220, article 10, section 38, 
        the commissioner may hire employees paid by this appropriation. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 2 to 4 are effective the day following final 
        enactment. 
           Presented to the governor April 30, 2002 
           Signed by the governor May 1, 2002, 2:25 p.m.