To: Senator Dallas Sams and Members of the Environment, Agriculture and Economic Development Budget Division

From: MRR Members Dr. Thomas Waters, Andover; Dave Sharbo, Park Rapids;

Kurt Mead, Finland; Tom McMillin, Kellogg; John Lindgren, DNR Fisheries, Duluth; Jamie Juenemann, Two Harbors; and Members Statewide

Re: Fiscal impacts of SF 850: Responsible Rider Act

Date: April 22, 2003

• MRR Supports Savings to the taxpayer: Sec. 28 [Motorized Trail Grants-in-Aid] …"If the commissioner determines that a grant-in-aid recipient has violated any federal or state law or any of the terms of the grant agreement with the commissioner, the commissioner must withhold all grant payments for any work occurring after the date of the recipient was notified of the violation and seek restitution for any property damage caused by the violation.

• ATV clubs are using public funds to bulldoze illegal trails on public and private land, damaging wetlands without accountability
• Kurt Mead, Biologist, Finland: "Public funding for the local ATV club developing the DNR’s Moosewalk/Mooserun "prototype ATV trail" in the Finland State Forest has resulted in unathorized wetland impacts at 30 locations, illegal trail construction during environmental review, leaving acres of wetlands dead and dying in the process. The club has experienced no consequences and has not been held accoutable for repairing this damage but is in fact in line to receive more public funds to fill an additional 6.3 acres of wetlands."
• Dave Sharbo, Property Owner, Park Rapids: "In Clover Township, Hubbard County, the Town Clerk was simultaneously Treasurer of the ATV club for which the township was fiscal agent in overseeing the use of state motorized recreation funds by the club. The state audit found that the town clerk/ATV club treasurer was engaged in illegal ‘related party transactions’ undermining the township’s ability to provide this oversight.. Where else is this happening in Minnesota? The state should protect the taxpayer by holding clubs accountable."

• Minnesota Office of the Legislative Auditor: Program Evaluation Report: State-Funded Trails for Motorized Recreation, 2003: "Grant-in-aid clubs have been left to operate largely on their own.

• MRR Opposes Unwanted Costs to the Taxpayer: Sec. 29 [Suspension of Environmental Review] Sec. 29 "…The requirements for environmental review under Minnesota Statutes, section 116D.o4, and rules of environmental quality board are temporarily suspended for …[1500 miles of]… provisional trail designation until two years have elapsed after each provisional trail has be designated…"

• Poorly sited OHV trails in Minnesota have damaged and are likely to damage our environment and to burden current and future taxpayers with an accumulating repair bill

• Dr. Thomas F. Waters, Professor Emeritus, University of Minnesota, Andover: "…Although SF 850 includes a few beneficial changes, such as the hot line and funding for repairs, etc, these are minor in their impact. Much more serious is a small division of the bill, inconspicuous near the end of the text, Section 29, Subdivision 2. This would suspend all public environmental review of OHV projects by the DNR for two years, essentially keeping the nature of projects in secret, as well as denying citizens¹ recourse to the courts to challenge damaging OHV projects. Passage of this bill including Section 29, Subdivision 2, would give the DNR¹s staff in the Trails and Waterways Division complete freedom to implement any project, with no review, including projects that would be environmentally damaging in our state forests, like those projects promoted over the past four years. Only our petitions for EAWs and lawsuits by the people have prevented most of such damaging projects up to now. It is clear that the EAW process, resulting from citizens’ petitions, is essential for the protection of our natural resources. Along with the rights of citizens’ recourse to the courts, when necessary as the result of the DNR’s refusal to make changes in locations of their projects, is critically necessary."

• Tom McMillin, Nurseryman, Kellogg: "As a result of many years of participating in DNR planning efforts in Southeast Minnesota we were finally promised a reroute of OHV trails away from our home and the designated trout stream that flows from a spring next to our property. There was to be no increase in trail miles. New monitoring efforts were also promised. In the end the DNR increased trail miles by 35% and monitoring and enforcement have not happened. DNR land managers showed no accountability to a process they initiated. There should be serious doubt that the DNR will do differently at the statewide level. Without our right to review DNR proposals how can citizens be assured that the DNR will not show a bias toward trail establishment at the expense of environmental protection as the Legislative Auditor found"

• Jamie Juenemann, Property Owner, Two Harbors: "ATV use on a grant-in-aid trail on my property did an estimated $12,000 damage to ¼ mile of trail."
• John Lindgren, DNR Fisheries, Duluth, Property Owner, Clearwater County: "While it essential to provide designated trails for these machines in order to manage their use, who will be expected to accept 1500 miles of trails in their backyards or favorite natural areas with no say. Environmental review of OHV trails should be the first step in planning as the state audit and common sense recommends."

• Minnesota Office of the Legislative Auditor: Program Evaluation Report: State-Funded Trails for Motorized Recreation, 2003: "The legislature should require that Environmental Assessment Worksheets be prepared for many types of OHV projects. {Environmental and public review] of "OHV projects…should be mandatory [because] "OHV trails may have the potential for significant environmental impact"