language to be deleted (2) new language
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.