1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             for the operation of off-highway vehicles; providing 
  1.4             an exemption from rulemaking; providing for an 
  1.5             off-highway vehicle grant program; modifying decal 
  1.6             requirements for off-highway motorcycles; modifying 
  1.7             all-terrain vehicle provisions; providing for certain 
  1.8             class fees; modifying provisions for reviewing forest 
  1.9             classification status; requiring determination of 
  1.10            unrefunded gas tax attributable to all-terrain vehicle 
  1.11            use; requiring a report; appropriating money; amending 
  1.12            Minnesota Statutes 2002, sections 84.798, subdivision 
  1.13            1; 84.925, subdivision 1; 84.9256, subdivision 1; 
  1.14            84.9257; 84.928, subdivisions 2, 6; 89.19; 89.71, by 
  1.15            adding a subdivision; Minnesota Statutes 2003 
  1.16            Supplement, sections 84.773; 84.777; 84.788, 
  1.17            subdivision 3; 84.92, subdivision 8; 84.926; Laws 
  1.18            2003, chapter 128, article 1, section 167, subdivision 
  1.19            1; proposing coding for new law in Minnesota Statutes, 
  1.20            chapter 84; repealing Minnesota Statutes 2003 
  1.21            Supplement, section 84.901. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.24  84.773, is amended to read: 
  1.25     84.773 [RESTRICTIONS ON OPERATION.] 
  1.26     Subdivision 1.  [RESTRICTIONS.] (a) A person may not 
  1.27  intentionally operate an off-highway vehicle: 
  1.28     (1) on a trail on public land that is designated or signed 
  1.29  for nonmotorized use only; 
  1.30     (2) on restricted areas within public lands that are posted 
  1.31  or where gates or other clearly visible structures are placed to 
  1.32  prevent unauthorized motorized vehicle access; ~~or~~ 
  1.33     (3) except as specifically authorized by law or rule 
  2.1   adopted by the commissioner~~, in~~:  
  2.2      (i) in unfrozen type 3, 4, and 5~~, and 8~~ wetlands ~~or~~ 
  2.3   located on public lands or on private lands, except as provided 
  2.4   under paragraph (b); 
  2.5      (ii) on unfrozen public waters, as defined in section 
  2.6   103G.005; 
  2.7      (iii) in a state park; 
  2.8      (iv) in a scientific and natural area; ~~or~~ 
  2.9      (v) in a wildlife management area; or 
  2.10     (4) in a calcareous fen, as identified by the commissioner. 
  2.11     (b) Paragraph (a), clause (3), item (i), does not apply to 
  2.12  a person who operates an off-highway vehicle on private land if 
  2.13  the person owns or leases the land or has been given permission 
  2.14  by the landowner or leaseholder to operate an off-highway 
  2.15  vehicle on the land. 
  2.16     Subd. 2.  [UTILITY EXEMPTIONS.] Subdivision 1 does not 
  2.17  apply to an off-highway vehicle being used for farming; an 
  2.18  off-highway vehicle used for military, fire, emergency, or law 
  2.19  enforcement purposes; an off-highway vehicle used by a 
  2.20  registered surveyor, or assistant, when surveying on public or 
  2.21  private property; a construction off-highway vehicle used in the 
  2.22  performance of its common function; an off-highway vehicle used 
  2.23  to carry out silvicultural activities, including timber 
  2.24  cruising, and the harvest and transport of forest products for 
  2.25  commercial purposes; an off-highway vehicle owned by or operated 
  2.26  under contract with a utility or pipeline company, whether 
  2.27  publicly or privately owned, when used for maintenance or work 
  2.28  on utilities or pipelines; a commercial off-highway vehicle 
  2.29  being used for its intended purpose; or an off-highway vehicle 
  2.30  used to conduct duties of a government entity. 
  2.31     Subd. 3.  [PRIVATE LAND ACCESS.] The commissioner may grant 
  2.32  a three-year permit to exempt a private landowner or leaseholder 
  2.33  from this section when the only reasonable access to a permit 
  2.34  applicant's land is across forestry administered lands in state 
  2.35  forests. 
  2.36     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  3.1   84.777, is amended to read: 
  3.2      84.777 [OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.] 
  3.3      (a) Except as otherwise allowed by law or rules adopted by 
  3.4   the commissioner, effective June 1, 2003, notwithstanding 
  3.5   sections 84.787 to 84.805 and 84.92 to 84.929, the use of 
  3.6   off-highway vehicles is prohibited on state land administered by 
  3.7   the commissioner of natural resources, and on 
  3.8   county-administered forest land within the boundaries of a state 
  3.9   forest, except on roads and trails specifically designated and 
  3.10  posted by the commissioner for use by off-highway vehicles. 
  3.11     (b) Paragraph (a) does not apply: 
  3.12     (1) to county-administered land within a state forest if 
  3.13  the county board adopts a resolution that modifies restrictions 
  3.14  on the use of off-highway vehicles on county-administered land 
  3.15  within the forest; or 
  3.16     (2) to forest lands classified as managed. 
  3.17     Sec. 3.  [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 
  3.18  CONSERVATION GRANT PROGRAM.] 
  3.19     Subdivision 1.  [CREATION.] The commissioner of natural 
  3.20  resources shall establish an off-highway vehicle safety and 
  3.21  conservation grant program to award grants to organizations that 
  3.22  meet the eligibility requirements under subdivision 3. 
  3.23     Subd. 2.  [PURPOSE.] The purpose of the off-highway vehicle 
  3.24  safety and conservation grant program is to encourage 
  3.25  off-highway vehicle clubs to assist in safety and environmental 
  3.26  education and in improving, maintaining, and monitoring trails 
  3.27  on state forest land and other public lands. 
  3.28     Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
  3.29  this section, an organization must: 
  3.30     (1) be a statewide organization that has been in existence 
  3.31  at least five years and that promotes the operation of 
  3.32  off-highway vehicles in a manner that is safe, responsible, and 
  3.33  does not harm the environment; 
  3.34     (2) promote the operation of off-highway vehicles in a 
  3.35  manner that does not conflict with the laws and rules that 
  3.36  relate to the operation of off-highway vehicles; 
  4.1      (3) have an interest limited to the operation of motorized 
  4.2   vehicles on motorized trails and other designated areas; 
  4.3      (4) have a board of directors that has 80 percent of its 
  4.4   members who are representatives of all-terrain vehicle clubs, 
  4.5   off-highway motorcycle clubs, or off-road vehicle clubs; and 
  4.6      (5) provide support to off-highway vehicle clubs. 
  4.7      Subd. 4.  [USE OF GRANTS.] An organization receiving a 
  4.8   grant under this section shall use the grant money to promote 
  4.9   and provide support to the Department of Natural Resources by: 
  4.10     (1) encouraging off-highway vehicle clubs to assist in 
  4.11  improving, maintaining, and monitoring trails on state forest 
  4.12  land and other public lands; 
  4.13     (2) providing assistance to the department in locating, 
  4.14  recruiting, and training instructors; 
  4.15     (3) assisting the commissioner and the director of tourism 
  4.16  in creating an outreach program to inform local communities of 
  4.17  appropriate off-highway vehicle use in their communities and of 
  4.18  the economic benefits and costs that may be attributed to 
  4.19  promoting tourism to attract off-highway vehicles; 
  4.20     (4) publishing a manual in cooperation with the 
  4.21  commissioner that will be used to train volunteers in monitoring 
  4.22  the operation of off-highway vehicles for safety, environmental, 
  4.23  and other issues that relate to the responsible operation of 
  4.24  off-highway vehicles; and 
  4.25     (5) collecting data on the operation of off-highway 
  4.26  vehicles in the state. 
  4.27     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  4.28  84.788, subdivision 3, is amended to read: 
  4.29     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  4.30  for registration or continued registration must be made to the 
  4.31  commissioner or an authorized deputy registrar of motor vehicles 
  4.32  in a form prescribed by the commissioner.  The form must state 
  4.33  the name and address of every owner of the off-highway 
  4.34  motorcycle. 
  4.35     (b) A person who purchases from a retail dealer an 
  4.36  off-highway motorcycle shall make application for registration 
  5.1   to the dealer at the point of sale.  The dealer shall issue a 
  5.2   temporary ten-day registration permit to each purchaser who 
  5.3   applies to the dealer for registration.  The dealer shall submit 
  5.4   the completed registration applications and fees to the deputy 
  5.5   registrar at least once each week.  No fee may be charged by a 
  5.6   dealer to a purchaser for providing the temporary permit. 
  5.7      (c) Upon receipt of the application and the appropriate 
  5.8   fee, the commissioner or deputy registrar shall issue to the 
  5.9   applicant, or provide to the dealer, a 60-day temporary receipt 
  5.10  and shall assign a registration number that must be affixed to 
  5.11  the motorcycle ~~in a manner prescribed by the commissioner~~ 
  5.12  according to paragraph (f).  A dealer subject to paragraph (b) 
  5.13  shall provide the registration materials and temporary receipt 
  5.14  to the purchaser within the ten-day temporary permit period. 
  5.15     (d) The commissioner shall develop a registration system to 
  5.16  register vehicles under this section.  A deputy registrar of 
  5.17  motor vehicles acting under section 168.33, is also a deputy 
  5.18  registrar of off-highway motorcycles.  The commissioner of 
  5.19  natural resources in agreement with the commissioner of public 
  5.20  safety may prescribe the accounting and procedural requirements 
  5.21  necessary to ensure efficient handling of registrations and 
  5.22  registration fees.  Deputy registrars shall strictly comply with 
  5.23  the accounting and procedural requirements.  
  5.24     (e) In addition to other fees prescribed by law, a filing 
  5.25  fee of $4.50 is charged for each off-highway motorcycle 
  5.26  registration renewal, duplicate or replacement registration 
  5.27  card, and replacement decal and a filing fee of $7 is charged 
  5.28  for each off-highway motorcycle registration and registration 
  5.29  transfer issued by: 
  5.30     (1) a deputy registrar and must be deposited in the 
  5.31  treasury of the jurisdiction where the deputy is appointed, or 
  5.32  kept if the deputy is not a public official; or 
  5.33     (2) the commissioner and must be deposited in the state 
  5.34  treasury and credited to the off-highway motorcycle account. 
  5.35     (f) Unless exempted in paragraph (g), the owner of an 
  5.36  off-highway motorcycle must display a registration decal issued 
  6.1   by the commissioner.  If the motorcycle is licensed as a motor 
  6.2   vehicle, a registration decal must be affixed on the upper left 
  6.3   corner of the rear license plate.  If the motorcycle is not 
  6.4   licensed as a motor vehicle, the decal must be attached on the 
  6.5   side of the motorcycle and may be attached to the fork tube.  
  6.6   The decal must be attached in a manner so that it is visible 
  6.7   while a rider is on the motorcycle.  The issued decals must be 
  6.8   of a size to work within the constraints of the electronic 
  6.9   licensing system, not to exceed three inches high and three 
  6.10  inches wide. 
  6.11     (g) Display of a registration decal is not required for an 
  6.12  off-highway motorcycle: 
  6.13     (1) while being operated on private property; or 
  6.14     (2) while competing in a closed-course competition event. 
  6.15     Sec. 5.  Minnesota Statutes 2002, section 84.798, 
  6.16  subdivision 1, is amended to read: 
  6.17     Subdivision 1.  [GENERAL REQUIREMENTS.] Unless exempted 
  6.18  under subdivision 2, after January 1, 1995, a person may not 
  6.19  operate and an owner may not give permission for another to 
  6.20  operate ~~a vehicle off-road, nor may a person have~~ an off-road 
  6.21  vehicle ~~not registered under chapter 168 in possession at an~~ 
  6.22  ~~off-road vehicle staging area, or~~ on lands administered by the 
  6.23  commissioner on designated ~~trail~~ trails or ~~area~~ areas, or on 
  6.24  off-road vehicle grant-in-aid trails and areas funded under 
  6.25  section 84.803, unless the vehicle has been registered under 
  6.26  this section. 
  6.27     Sec. 6.  Minnesota Statutes 2003 Supplement, section 84.92, 
  6.28  subdivision 8, is amended to read: 
  6.29     Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
  6.30  "vehicle" means a motorized flotation-tired vehicle of not less 
  6.31  than three low pressure tires, but not more than six tires, that 
  6.32  is limited in engine displacement of less than ~~800~~ 900 cubic 
  6.33  centimeters and total dry weight less than 900 pounds.  
  6.34     Sec. 7.  Minnesota Statutes 2002, section 84.925, 
  6.35  subdivision 1, is amended to read: 
  6.36     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
  7.1   shall establish a comprehensive all-terrain vehicle 
  7.2   environmental and safety education and training program, 
  7.3   including the preparation and dissemination of vehicle 
  7.4   information and safety advice to the public, the training of 
  7.5   all-terrain vehicle operators, and the issuance of all-terrain 
  7.6   vehicle safety certificates to vehicle operators over the age of 
  7.7   12 years who successfully complete the all-terrain vehicle 
  7.8   environmental and safety education and training course.  
  7.9      (b) For the purpose of administering the program and to 
  7.10  defray a portion of the expenses of training and certifying 
  7.11  vehicle operators, the commissioner shall collect a fee of $15 
  7.12  from each person who receives the training.  Fee proceeds shall 
  7.13  be deposited in the all-terrain vehicle account in the natural 
  7.14  resources fund.  In addition to the fee established by the 
  7.15  commissioner, instructors may charge each person up to $5 for 
  7.16  class material and expenses. 
  7.17     (c) The commissioner shall cooperate with private 
  7.18  organizations and associations, private and public corporations, 
  7.19  and local governmental units in furtherance of the program 
  7.20  established under this section.  School districts may cooperate 
  7.21  with the commissioner and volunteer instructors to provide space 
  7.22  for the classroom portion of the training.  The commissioner 
  7.23  shall consult with the commissioner of public safety in regard 
  7.24  to training program subject matter and performance testing that 
  7.25  leads to the certification of vehicle operators.  By June 30, 
  7.26  2003, the commissioner shall incorporate a riding component in 
  7.27  the safety education and training program. 
  7.28     Sec. 8.  Minnesota Statutes 2002, section 84.9256, 
  7.29  subdivision 1, is amended to read: 
  7.30     Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
  7.31  Except for operation on public road rights-of-way that is 
  7.32  permitted under section 84.928, a driver's license issued by the 
  7.33  state or another state is required to operate an all-terrain 
  7.34  vehicle along or on a public road right-of-way. 
  7.35     (b) A person under 12 years of age shall not: 
  7.36     (1) make a direct crossing of a public road right-of-way; 
  8.1      (2) operate an all-terrain vehicle on a public road 
  8.2   right-of-way in the state; or 
  8.3      (3) operate an all-terrain vehicle on public lands or 
  8.4   waters.  
  8.5      (c) Except for public road rights-of-way of interstate 
  8.6   highways, a person 12 years of age but less than 16 years may 
  8.7   make a direct crossing of a public road right-of-way of a trunk, 
  8.8   county state-aid, or county highway or operate on public lands 
  8.9   and waters, only if that person possesses a valid all-terrain 
  8.10  vehicle safety certificate issued by the commissioner and is 
  8.11  accompanied on another all-terrain vehicle by a person 18 years 
  8.12  of age or older who holds a valid driver's license.  
  8.13     (d) All-terrain vehicle safety certificates issued by the 
  8.14  commissioner to persons 12 years old, but less than 16 years 
  8.15  old, are not valid for machines in excess of 90cc engine 
  8.16  capacity unless: 
  8.17     (1) the person successfully completed the safety education 
  8.18  and training program under section 84.925, subdivision 1, 
  8.19  including a riding component; and 
  8.20     (2) ~~the riding component of the training was conducted~~ 
  8.21  ~~using an all-terrain vehicle with over 90cc engine capacity; and~~ 
  8.22     ~~(3)~~ the person is able to properly reach and control the 
  8.23  handle bars and reach the foot pegs while sitting upright on the 
  8.24  seat of the all-terrain vehicle. 
  8.25     Sec. 9.  Minnesota Statutes 2002, section 84.9257, is 
  8.26  amended to read: 
  8.27     84.9257 [PASSENGERS.] 
  8.28     (a) A parent or guardian may operate an all-terrain vehicle 
  8.29  carrying one passenger who is under 16 years of age and who 
  8.30  wears a safety helmet approved by the commissioner of public 
  8.31  safety. 
  8.32     (b) For the purpose of this section, "guardian" means a 
  8.33  legal guardian of a person under age 16, or a person 18 or older 
  8.34  who has been authorized by the parent or legal guardian to 
  8.35  supervise the person under age 16. 
  8.36     (c) A person 18 years of age or older may operate an 
  9.1   all-terrain vehicle carrying one passenger who is 16 or 17 years 
  9.2   of age and wears a safety helmet approved by the commissioner of 
  9.3   public safety. 
  9.4      (d) A person 18 years of age or older may operate an 
  9.5   all-terrain vehicle carrying one passenger who is 18 years of 
  9.6   age or older. 
  9.7      Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  9.8   84.926, is amended to read: 
  9.9      84.926 [VEHICLE USE ~~ALLOWED~~ ON PUBLIC LANDS ~~BY THE~~ 
  9.10  ~~COMMISSIONER~~; EXCEPTIONS.] 
  9.11     Subdivision 1.  [EXCEPTION BY PERMIT.] Notwithstanding 
  9.12  section 84.777, on a case by case basis, the commissioner may 
  9.13  issue a permit authorizing a person to operate an off-highway 
  9.14  vehicle on individual public trails under the commissioner's 
  9.15  jurisdiction during specified times and for specified purposes.  
  9.16     Subd. 2.  [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED FOREST 
  9.17  LANDS; OFF TRAIL.] Notwithstanding section 84.777, on state 
  9.18  forest lands classified as managed or limited, other than the 
  9.19  Richard J. Dorer Memorial Hardwood Forest, a person may use an 
  9.20  all-terrain vehicle off forest trails or forest roads when: 
  9.21     (1) hunting big game or transporting or installing hunting 
  9.22  stands during October, November, and December, when in 
  9.23  possession of a valid big game license; 
  9.24     (2) retrieving big game in September when in possession of 
  9.25  a valid big game hunting license; 
  9.26     (3) trapping protected furbearers during an open season, 
  9.27  when in possession of a valid trapping license; or 
  9.28     (4) trapping minnows when in possession of a valid minnow 
  9.29  dealer, private fish hatchery, or aquatic farm license. 
  9.30     Subd. 3.  [ALL-TERRAIN VEHICLES; CLOSED FOREST LANDS; 
  9.31  HUNTING.] Notwithstanding sections 84.773 and 84.777, on a 
  9.32  forest-by-forest basis, the commissioner may determine whether 
  9.33  all-terrain vehicles are allowed on forest roads, in state 
  9.34  forest lands classified as closed, for the purpose of hunting 
  9.35  big game during an open big game season.  The determination 
  9.36  shall be by written order as published in the State Register, is 
 10.1   exempt from chapter 14, and section 14.386 does not apply. 
 10.2      Subd. 4.  [OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR 
 10.3   MANAGED FOREST LANDS; TRAILS.] Notwithstanding sections 84.773 
 10.4   and 84.777, on state forest lands classified as limited or 
 10.5   managed, other than the Richard J. Dorer Memorial Hardwood 
 10.6   Forest, a person may use vehicles registered under chapter 168, 
 10.7   or under section 84.798 or 84.922, during an open big game 
 10.8   season on forest trails that are not designated for a specific 
 10.9   use when in possession of a valid big game license. 
 10.10     Sec. 11.  Minnesota Statutes 2002, section 84.928, 
 10.11  subdivision 2, is amended to read: 
 10.12     Subd. 2.  [OPERATION GENERALLY.] A person may not drive or 
 10.13  operate an all-terrain vehicle: 
 10.14     (1) at a rate of speed greater than reasonable or proper 
 10.15  under the surrounding circumstances; 
 10.16     (2) in a careless, reckless, or negligent manner so as to 
 10.17  endanger or to cause injury or damage to the person or property 
 10.18  of another; 
 10.19     (3) without headlight and taillight lighted at all times if 
 10.20  the vehicle is equipped with headlight and taillight; 
 10.21     (4) without a functioning stoplight if so equipped; 
 10.22     (5) in a tree nursery or planting in a manner that damages 
 10.23  or destroys growing stock; 
 10.24     (6) without a brake operational by either hand or foot; 
 10.25     (7) with more ~~persons~~ than one person on the vehicle ~~than~~ 
 10.26  ~~it was designed for~~, except as allowed under section 84.9257; 
 10.27     (8) at a speed exceeding ten miles per hour on the frozen 
 10.28  surface of public waters within 100 feet of a person not on an 
 10.29  all-terrain vehicle or within 100 feet of a fishing shelter; or 
 10.30     (9) in a manner that violates operation rules adopted by 
 10.31  the commissioner. 
 10.32     Sec. 12.  Minnesota Statutes 2002, section 84.928, 
 10.33  subdivision 6, is amended to read: 
 10.34     Subd. 6.  [REGULATIONS BY POLITICAL SUBDIVISIONS.] (a) 
 10.35  Notwithstanding any law to the contrary, a city or town, acting 
 10.36  through its governing body, may by resolution or ordinance 
 11.1   prohibit the operation of all-terrain vehicles on city streets 
 11.2   or town roads in its jurisdiction provided the regulations are 
 11.3   otherwise consistent with sections 84.92 to 84.929. 
 11.4      (b) A county or city, or a town acting by its town board, 
 11.5   may regulate the operation of all-terrain vehicles on public 
 11.6   lands, waters, and property under its jurisdiction other than 
 11.7   public road rights-of-way within its boundaries, by resolution 
 11.8   or ordinance of the governing body and by giving appropriate 
 11.9   notice, provided:  
 11.10     (1) the regulations must be consistent with sections 84.92 
 11.11  to 84.929 and rules adopted under section 84.924; 
 11.12     (2) an ordinance may not impose a fee for the use of public 
 11.13  land or water under the jurisdiction of either the Department of 
 11.14  Natural Resources or other agency of the state, or for the use 
 11.15  of an access to it owned by the state or a county or a city; and 
 11.16     (3) an ordinance may not require an all-terrain vehicle 
 11.17  operator to possess a motor vehicle driver's license while 
 11.18  operating an all-terrain vehicle. 
 11.19     (c) Notwithstanding any law to the contrary, a county board 
 11.20  by ordinance may allow the operation of all-terrain vehicles on 
 11.21  the road right-of-way shoulder, or inside bank or slope of a 
 11.22  county highway or county state-aid highway, if: 
 11.23     (1) the highway is in the agricultural zone; ~~or~~ 
 11.24     (2) safe operation in the ditch or outside slope is 
 11.25  impossible, and the county posts the appropriate notice; or 
 11.26     (3) the road is designated as a minimum-maintenance road 
 11.27  under section 160.095. 
 11.28     Sec. 13.  Minnesota Statutes 2002, section 89.19, is 
 11.29  amended to read: 
 11.30     89.19 [RULES.] 
 11.31     Subdivision 1.  [RULEMAKING AUTHORIZED.] The commissioner 
 11.32  may prescribe rules governing the use of forest lands under the 
 11.33  authority of the commissioner and state forest roads, or any 
 11.34  parts thereof, by the public and governing the exercise by 
 11.35  holders of leases or permits on forest lands and state forest 
 11.36  roads of all their rights under the leases or permits.  
 12.1      Subd. 2.  [RULEMAKING EXEMPTION.] The designation of forest 
 12.2   trails by the commissioner shall be by written order that is 
 12.3   published in the State Register.  These designations are not 
 12.4   subject to the rulemaking provisions of chapter 14 and section 
 12.5   14.386 does not apply.  Before designating forest trails, the 
 12.6   commissioner shall hold a public meeting in the county where the 
 12.7   largest portion of the forest lands are located to provide 
 12.8   information to and receive comment from the public regarding the 
 12.9   proposed trail designation.  Sixty days before the public 
 12.10  meeting, notice of the proposed forest trail shall be published 
 12.11  in the legal newspapers that serve the counties in which the 
 12.12  lands are located, in a statewide Department of Natural 
 12.13  Resources news release, and in the State Register. 
 12.14     Sec. 14.  Minnesota Statutes 2002, section 89.71, is 
 12.15  amended by adding a subdivision to read: 
 12.16     Subd. 8.  [COUNTY-ADMINISTERED LAND.] The commissioner may 
 12.17  not install a gate to obstruct access to a state forest road if 
 12.18  the road is used by: 
 12.19     (1) a private landowner to cross county-administered land 
 12.20  within a state forest to access the landowner's private 
 12.21  property; 
 12.22     (2) a lessee of county land to access the lessee's 
 12.23  leasehold; or 
 12.24     (3) a county to gain access to county-administered land 
 12.25  within a state forest for county forest management purposes. 
 12.26     Sec. 15.  Laws 2003, chapter 128, article 1, section 167, 
 12.27  subdivision 1, is amended to read: 
 12.28     Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
 12.29  By December 31, 2006, the commissioner of natural resources 
 12.30  shall complete a review of the forest classification status of 
 12.31  all state forests classified as managed or limited, all forest 
 12.32  lands under the authority of the commissioner as defined in 
 12.33  Minnesota Statutes, section 89.001, subdivision 13, and lands 
 12.34  managed by the commissioner under Minnesota Statutes, section 
 12.35  282.011.  The review must be conducted on a forest-by-forest and 
 12.36  area-by-area basis in accordance with the process and criteria 
 13.1   under Minnesota Rules, part 6100.1950.  ~~After each forest is~~ 
 13.2   ~~reviewed, the commissioner must change its status to limited or~~ 
 13.3   ~~closed, and must provide a similar status for each of the other~~ 
 13.4   ~~areas subject to review under this section after each individual~~ 
 13.5   ~~review is completed.~~  
 13.6      (b) Each state forest deemed capable of sustaining 
 13.7   off-highway vehicle use may contain all-terrain vehicle, 
 13.8   off-highway motorcycle, and off-road vehicle trails.  
 13.9      (c) The off-road vehicle trails in state forests may 
 13.10  provide levels of difficulty, to include: 
 13.11     (1) easy riding trails requiring limited driver skill that 
 13.12  are passable with a stock vehicle, comprising ten percent of 
 13.13  total off-road vehicle trails; 
 13.14     (2) moderate riding trails requiring some driver skill and 
 13.15  machine modification, comprising 80 percent of total off-road 
 13.16  vehicle trails; and 
 13.17     (3) technical riding trails requiring a high degree of 
 13.18  driver skill and machine modifications, comprising ten percent 
 13.19  of total off-road vehicle trails. 
 13.20     (d) Definitions and specifications for the three categories 
 13.21  of trails in paragraph (c) may follow the United States Forest 
 13.22  Service Trails Management Handbook, FSH2309-18, Four Wheel 
 13.23  Driveway Guide, and subsequent updates. 
 13.24     ~~(b)~~ (e) If the commissioner determines on January 1, 2005, 
 13.25  that the review required under this section cannot be completed 
 13.26  by December 31, 2006, the completion date for the review shall 
 13.27  be extended to December 31, 2008.  By January 15, 2005, the 
 13.28  commissioner shall report to the chairs of the legislative 
 13.29  committees with jurisdiction over natural resources policy and 
 13.30  finance regarding the status of the process required by this 
 13.31  section.  
 13.32     ~~(c)~~ (f) Until December 31, 2010, the state forests and 
 13.33  areas subject to review under this section are exempt from 
 13.34  Minnesota Statutes, section 84.777, unless an individual forest 
 13.35  or area has been classified as limited or closed.  
 13.36     Sec. 16.  [DETERMINATION OF TAX ALLOCATION; REPORT TO 
 14.1   LEGISLATURE.] 
 14.2      The commissioners of natural resources, revenue, and 
 14.3   transportation shall jointly determine the amount of unrefunded 
 14.4   gasoline tax attributable to all-terrain vehicle use in the 
 14.5   state and shall report to the legislature by March 1, 2005, with 
 14.6   an appropriate proposed revision to Minnesota Statutes, section 
 14.7   296A.18. 
 14.8      Sec. 17.  [APPROPRIATION.] 
 14.9      (a) $100,000 is appropriated from the natural resources 
 14.10  fund to the commissioner of natural resources for the 
 14.11  off-highway vehicle safety and conservation grant program under 
 14.12  section 3.  Of this amount, $5,000 is from the off-highway 
 14.13  motorcycle account, $20,000 is from the off-road vehicle 
 14.14  account, and $75,000 is from the all-terrain vehicle account.  
 14.15     (b) $50,000 is appropriated from the all-terrain vehicle 
 14.16  account in the natural resources fund for the study required in 
 14.17  section 16.  This is a onetime appropriation. 
 14.18     Sec. 18.  [APPROPRIATION.] 
 14.19     (a) $400,000 is appropriated from the natural resources 
 14.20  fund to the commissioner of natural resources for additional 
 14.21  off-highway vehicle trail forest inventory, trail designation, 
 14.22  and development.  Of this amount, $280,000 is from the 
 14.23  all-terrain vehicle account, $80,000 is from the off-road 
 14.24  vehicle account, and $40,000 is from the off-highway motorcycle 
 14.25  account.  This is a onetime only appropriation.  The 
 14.26  commissioner must assign three additional trail development 
 14.27  specialists to assist off-highway groups with grant-in-aid trail 
 14.28  development and trail development-related activities. 
 14.29     (b) $575,000 is appropriated from the natural resources 
 14.30  fund to the commissioner of natural resources for additional 
 14.31  grants-in-aid.  Of this amount, $402,500 is from the all-terrain 
 14.32  vehicle account, $115,000 is from the off-road vehicle account, 
 14.33  and $57,500 is from the off-highway motorcycle account.  This 
 14.34  amount is added to the appropriation in Laws 2003, chapter 128, 
 14.35  article 1, section 5, subdivision 6, for a total in fiscal year 
 14.36  2005 of $1,100,000 in off-highway grants-in-aid.  Of this 
 15.1   amount, $877,500 is from the all-terrain vehicle account, 
 15.2   $115,000 is from the off-road vehicle account, and $107,500 is 
 15.3   from the off-highway motorcycle account. 
 15.4      (c) If the appropriations in this section are enacted more 
 15.5   than once, the appropriations are to be implemented only once. 
 15.6      Sec. 19.  [REPEALER.] 
 15.7      Minnesota Statutes 2003 Supplement, section 84.901, is 
 15.8   repealed.