State of Michigan
JENNIFER M. GRANHOLM governor	DEPARTMENT OF NATURAL RESOURCES Lansing	K. L. COOL director

February 20, 2003

1. Bill Number and Sponsor:

Senate Bill No. 110

Introduced by Senators Garcia and Leland

2. Purpose:

Senate Bill No. 110 would amend Part 811, "Off-Road Recreation Vehicles" (ORV), of the Natural Resources and Environmental Protection Act, 1994 PA 451, by amending Section 81101 and 81123 (MCL 324.81101 and 324.81123) to:

· Redefine the definition of “Forest Trail”. It would increase trail width from less than 50 inches to 57 inches, or less.

· Remove current date reference in statute (Section 81123) for completion of comprehensive plan and designation of scramble area(s) in the northern Lower Peninsula and southeast Michigan.

3. How Does This Legislation Impact Current Programs in the Department?

This legislation will have significant impact on the programs of the Department. This bill would require widening over 1,709 miles of designated State Forest trails and 466 miles of National Forest trails to accommodate vehicles greater than 50 inches in width.

4. Introduced at Agency Request:

No.

5. Agency Support:

No.

6. Arguments Against the Bill:

From its inception, the ORV trail system was intended, designed, and designated for vehicles less than 50 inches in width. If this legislation is passed, virtually every ORV trail in the State would have to be widened. This work would include tree and stump removal and, in many circumstances, actual trail bed construction. This effort would require significant time, planning, and expense above and beyond the normal funding and maintenance performed by volunteers through the ORV grant program. Trail managers and trail riding interest groups are concerned that trail widening may also diminish user satisfaction and increase resource impacts.

7. Arguments for the Bill:

Senate Bill 110 would provide additional off-road trail riding opportunities for vehicles 57 inches in width, or less.

8. State Revenue/Budgetary Implications:

Trail manager’s estimate approximately $5.4 million dollars would be needed to accomplish initial trail widening efforts.

This is a conservative estimate based on the following assumptions:

1. Approximately twenty five percent (25%) of the trail system would require significant trail widening.
2. Contracts for tree removal, trail bed construction, bridge and culvert improvements would be required.
3. Field verification and environmental assessments by department staff is needed in order to determine actual needs and budget implications.
4. Real costs may be higher or lower based on field verification.

9. Implications to Local Units of Government:

None.

10. Administrative Rules Implications:

While this legislation would have minimal implications on Administrative Rules, it would supercede current rules that define minimum width of “Forest Trail”.

11. Other Pertinent Information:

The Department facilitates access to State lands for recreation by vehicles greater than 50 inches in width. Current practice allows these vehicles to travel on:

· 380 miles of designated ORV Route in the northern Lower Peninsula

· 2,198 acres of ORV designated scramble area in the northern Lower Peninsula (i.e. Silver Lake State Park, St. Helen Motorsport Area)

· 165 miles of designated ORV Route in the Upper Peninsula

· 2,376 miles of State Forest roads in the Upper Peninsula

· 7,000 miles of National Forest roads in the Upper Peninsula

12. User Groups/Customers that Support this Legislation (if known):

The Michigan Motorcycle Dealers Association supports the legislation. The following organizations oppose the proposed legislation:

· Cycle Conservation Club of Michigan

· Michigan All-Terrain Vehicle Association

K. L. COOL

DIRECTOR

MICHIGAN DEPARTMENT OF NATURAL RESOURCES

FMFM