Lead Story Headline Oklahoma Land Access Program Incentives: Extra income for allowing public access Limited land- owner liability Program rules that protect the landown- er’s best interests Being a part of Oklahoma’s conservation heritage Administered by the Oklahoma Department of Wildlife Conservation, the Oklahoma Land Access Program (OLAP) is a new public access program aimed at increasing hunting, fishing, and wildlife viewing opportunities on private lands. Participating landown- ers receive annual payments which vary from $2.00 to $15.00 per acre, according to enrolled acres, habitat quality, location, activities allowed, and multiple year leases. Land enrolled in conservation programs, such as the Conservation Reserve Program (CRP), are ideal candidates for the program. Native rangeland, crop stubble, wetlands, and riparian areas are also considered for OLAP enrollment. Fallow and failed cropland enrolled in OLAP can help landowners mitigate operating costs and provide sportsmen with great hunting opportunities. Opening September 1, 2017, the program will offer a variety of recreational activities such as walk- in hunting, walk-in fishing, streams access, and wildlife viewing. Controlled youth hunts for antler- less deer can help landowners manage their deer herd health. Landowners enrolled in the pro- gram are afforded limited liability by existing state laws. Landowners can withdraw from the program at any time. Being a part of the OLAP program is a great way to earn extra income, achieve you management objectives, and support Oklahoma's Conservation heritage. Jeff Tibbits Wildlife Biologist (OLAP) jeff[email protected]405-535-7382 Kasie Joyner Wildlife Technician (OLAP) [email protected]405-535-5681 For more information, please contact:
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Oklahoma Land Access Program · 2017-11-27 · Oklahoma state government agencies are prohibited by law from insuring private property. Thus, the Department assumes no responsibility
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Lead Story Headline
Oklahoma Land Access Program
Incentives:
Extra income for allowing public access
Limited land-owner liability
Program rules that protect the landown-er’s best interests
Being a part of Oklahoma’s conservation heritage
Administered by the Oklahoma Department of Wildlife Conservation, the Oklahoma Land Access Program (OLAP) is a new public access program aimed at increasing hunting, fishing, and wildlife viewing opportunities on private lands. Participating landown-ers receive annual payments which vary from $2.00 to $15.00 per acre, according to enrolled acres, habitat quality, location, activities allowed, and multiple year leases.
Land enrolled in conservation programs, such as the Conservation Reserve Program (CRP), are ideal candidates for the program. Native rangeland, crop stubble, wetlands, and riparian areas are also considered for OLAP enrollment. Fallow and failed cropland enrolled in OLAP can help landowners mitigate operating costs and provide sportsmen with great hunting opportunities.
Opening September 1, 2017, the program will offer a variety of recreational activities such as walk-in hunting, walk-in fishing, streams access, and wildlife viewing. Controlled youth hunts for antler-less deer can help landowners manage their deer herd health.
Landowners enrolled in the pro-gram are afforded limited liability by existing state laws. Landowners can withdraw from the program at any time.
Being a part of the OLAP program is a great way to earn extra income, achieve you management objectives, and support Oklahoma's Conservation heritage.
Jeff Tibbits Wildlife Biologist (OLAP) [email protected] 405-535-7382
Landowners interested in enrolling can fill out an application and/or con-tact the OLAP biologist or technician. To qualify, the applicant must be the legal owner of record, or lessee with operational authority of proposed land for the extent of the contract.
Applicant’s land must be accessible from a public road. Landowners must also provide a legal description of proposed land, as well as evidence of property ownership. The OLAP biolo-gist and/or technician can assist land-owners with the application process.
After an application is submitted, an OLAP representative will visit the candidate property to assess habitat and suitability for the program.
If all of the above qualifications are met, the Department will draft a lease agreement that specifies terms, conditions, and compensation. The agreement is not active until both parties have signed.
Additionally, if an enrolled prop-erty changes ownership, the OLAP agreement is terminated. The new owner has the option of renewing the lease in the following year.
The lease agreement be amend-ed at any time with mutual, written agreement by the landowner and the Department.
Qualifications, Procedures, and Agreements
Compensation
The landowner will be compensated (approximately $2-$15 /acre) based on the enrolled acres, types of lease activity allowed, and the duration of lease activities.
Additional compensation is possible for:
Cooperative enrollment among neighboring landowners.
Close proximity to metropolitan areas.
Multiyear contracts.
Concurrent enrollment in other conservation programs (CRP, WHIP, etc.).
Habitat bonus based on vegetation and land use practices.
Payments for potential OLAP properties are calculated with these variables to ensure standardized compensation.
By law, state agencies are not able to insure private property not owned by the state, and OLAP lease payments to landowners are above market value to account for insurance costs. Landowners are encouraged to have existing insurance or purchase insurance.
Page 2 Oklahoma Land Access Program
"Conservation will
ultimately boil
down to rewarding
the private
landowner who
conserves the
public interest.”
-Aldo Leopold
Landowners enrolled in the program are accorded limited liability by existing state laws. Essentially, these laws grant immunity from normal, non-negligent or intentional liability.
1. General Recreational Use Statute (§76-40.1). Applies to lands not being farmed or ranched.
2. Limitation of Liability for Farming and Ranching Land Act (§2-16-71.1). Applies to lands being farmed and ranched.
Liability
As the Landowner, you provide walk-in public access for activities provided in the contract. Landowners are prohibited from subleasing hunting, fishing, or other recreational rights on OLAP contracted lands. Game wardens are allowed access on OLAP lands to enforce regulations.
The Department responsibilities are to provide OLAP lease agreement forms, signs for OLAP properties, law enforcement presence, current and accurate maps of OLAP lands, and to provide compensation to landowners. We will evaluate habitat and lease activity opportunities using standardized methods.
Sportspersons are required to have a valid hunting and/or fishing license on their person when utilizing OLAP properties. Also, they may not hunt property if it is being worked for agricultural or ranching activities. It is also their responsibility to consult the regulations and digital OLAP map directory (via desktop or mobile) to ensure lawful entrance and compliance with regulations.
Responsibilities
The landowner and the Department have the right to deny access for any of the following reasons:
With cause, that is, rules listed in the agreement are violated (littering, trespassing, property damage, etc.).
Temporary closure while Whooping Cranes are present.
Temporary closure while agricultural or ranching activities are occurring.
Oklahoma Land Access Program
“In a civilized and
cultivated
country, wild
animals only
continue to exist
at all when
preserved by
sportsman.”
-Theodore
Roosevelt
Page 3
Example of posted sign.
Right to Deny Access
Walk-in Hunting Access
General All legal means of take.
Sep. 1 – Feb. 16
Archery/shotgun only Centerfire, rimfire and muzzleloading rifles are prohibited.
Sep. 1 — Feb. 16
September Only Dove, teal, and resident geese. Ideal for fallow/failed crop fields.
Sep. 1— Sep. 30
Spring Turkey This option can be added to the general or Archery/Shotgun option if applicable.
This option is primarily used for youth and novice hunts, and landowners will be compensated a flat fee plus each hunter that participates in the hunt. An OLAP representative can assist with coordinating and managing the hunt for the first year, and the landowner can coordinate the hunt independently thereafter. Controlled hunts are a great option for landowners to harvest antlerless deer to improve deer herd health. Additionally, landowners can help to pass on conservation culture, ethics, and etiquette to the next generation.
Walk-in Area Categories
Wildlife Viewing Access
Annual access for hiking, bird-watching, etc. Hunting is prohibited on wildlife viewing walk-in areas.
Walk-in Fishing Access
Annual Access This option provides year around access for fishing.
Seasonal Access Is an option for landowners who are concurrently enrolled in OLAP Walk-In Hunting.
May 17— Aug. 31
Streams access Provides an access/launch point for streams access.
Page 4 Oklahoma Land Access Program
The Wildlife
Department
receives no
general state tax
appropriations
and is supported
by hunting and
fishing license
fees and special
taxes through
the Wildlife &
Sport Fish
Restoration
Program on
sporting
equipment and
motorboat fuels
paid by anglers,
boaters hunters
and recreational
shooters.
Signs will be posted to notify sportsman of property boundaries, safety are-as, restricted access, rules and restrictions.
The Oklahoma Land Access Program has a web-app that can be accessed via desktop, tablet, or mobile devices. The app includes real-time maps of OLAP walk-in areas, including details such as parking areas, property boundaries, access type, access dates, habitat descriptions, possible species present, and photographs.
Landowners can notify the OLAP biologist or technician of upcoming ranching or farming activities, and we can notify sportsman of temporary closed access in the web app and email newsletter. Sportspersons can print paper copy maps from the web app accessed at: www.wildlifedepartment.com/olap
OLAP Map Directory
Oklahoma Land Access Program
The Voluntary
Public Access
program has
opened public
access to millions
of acres in over
30 states.
Page 5
Examples of signs posted at walk-in area.
Signage
Jeff Tibbits Wildlife Biologist (OLAP) [email protected] 405-535-7382
Landowners enrolled in the program are eligible for liability protection under the following Oklahoma State
statutes:
General Recreational Use Statute (§76-40.1).
Limitation of Liability for Farming and Ranching Land Act (§2-16-71.1).
These laws afford limited liability protection to landowners who participate in a state-administered recreational
access program. These laws do not afford protections to landowners who negligently fail or to warn or guard
against an ultrahazardous condition. These statutes are attached to be made available to landowners for review.
ULTRAHAZARDOUS CONDITIONS
Ultrahazardous conditions are conditions that are so dangerous to persons or property that the defendant may be
liable for the harm they cause even if the defendant neither intended the harm nor was negligent. Enrolled
landowners must disclose any actual or potential ultrahazardous conditions to the Department. The
aforementioned limited liability laws do not afford protections to landowners who negligently fail to warn or guard
against an ultrahazardous condition, which the landowner knew or should have known to be dangerous or who
maliciously or grossly failed to warn or guard against a dangerous condition, structure, or personal property which
the landowner knew or should have known to be dangerous.
Examples of ultrahazardous conditions include but are not limited to:
The use or storage of explosives
Blasting or demolition operations
Unmarked, open wells
Unmarked, unstable structures or buildings
Unannounced controlled burn
The Department will assist the landowner in determining if any ultrahazardous conditions exist on the property.
Additionally, the Department can temporarily close enrolled properties and provide advance notice to
sportspersons for the duration of ultrahazardous activities (like a controlled burn).
DAMAGES & INSURANCE PROVIDERS
Oklahoma state government agencies are prohibited by law from insuring private property. Thus, the Department
assumes no responsibility for damages to a cooperator’s property. However, a cooperator’s existing insurance
policy may cover accidental property damage. If the policy does not cover these damages, a policy extension
and/or a specific endorsement may provide that coverage. The additional costs for property insurance policies
and/or extensions are included in the lease payment to cooperators, and it is at the discretion of the cooperator to
carry property insurance and/or purchase policy extensions. If a cooperator chooses to not carry a property
insurance policy, they knowingly accept any potential risk to their property by enrolling in the OLAP.
General Recreational Use Statute §76-10.1. Landowners encouraged to make land available to public for
recreational purposes - Limitation on liability – Definitions – Applicability
of section to land and attached roads, water and structures used
primarily for farming or ranching activities.
A. 1. The purpose of this section is to encourage landowners to make land available to the public for outdoor recreational purposes by limiting their liability to persons entering upon and using such land and to third persons who may be damaged by the acts or omissions of persons going upon these lands.
2. As used in this section:
a. "land" means real property, roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty,
b. "outdoor recreational purposes" includes any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, jogging, cycling, other sporting events and activities, nature study, water skiing, jet skiing, winter sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and aviation at non-public-use airports,
c. "owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the land,
d. "charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land. The term "charge" shall not include:
(1) a license or permit fee imposed by a governmental entity for the purpose of regulating the use of land, a water or park area, or lake reservation,
(2) hunting, fishing, boating, and other license and permit fees,
(3) hunting or fishing leases, or
(4) donations made at fly-ins at non-public-use airports, and
e. "non-public-use airport" means an airport that is primarily used by the owner with access to the public as permitted by the owner.
B. An owner who provides the public with land for outdoor recreational purposes owes no duty of care to keep the land safe for entry or use by others, or to give warning to persons entering or using the land of any hazardous conditions, structures, or activities.
C. 1. Except as otherwise provided by this section, an owner who provides the public with land for outdoor recreational purposes shall not:
a. be presumed to extend any assurance that the land is safe for any purpose,
b. incur any duty of care toward a person who enters or uses the land, or
c. assume any liability or responsibility for any injury to persons or property caused by the act or omission of a person who enters or uses the land.
2. This subsection applies whether the person entering or using the land is an invitee, licensee, trespasser, or otherwise.
D. This section shall not apply if:
1. Any charge is made or is usually made for entering or using any part of the land; or
2. Any commercial or other activity for profit directly related to the use is conducted on any part of the land.
E. 1. An owner of land leased to the state or to other public entity for outdoor recreational purposes owes no duty of care to keep the land safe for entry or use by others, or to give warning to persons entering or using the land of any hazardous conditions, structures, or activities. Any owner who leases or subleases land to the state or other public entity for outdoor recreational purposes shall not:
a. be presumed to extend any assurance that the land is safe for any purpose,
b. incur any duty of care toward a person who enters or uses the leased land, or
c. become liable or responsible for any injury to persons or property caused by the act or omission of a person who enters or uses the leased land.
2. This subsection applies whether the person entering or using the leased land is an invitee, licensee, trespasser, or otherwise, notwithstanding any other section of law.
F. 1. Except as provided in this section, no person is relieved of liability which would exist for want of ordinary care or for deliberate, willful, or malicious injury to persons or property. The provisions shall not create or increase the liability of any person.
2. This section shall not relieve any owner of any liability for the operation and maintenance of structures affixed to real property by the owner for use by the general public.
G. By entering or using land, no person shall be deemed to be acting as an employee or agent of the owner whether the entry or use is with or without the knowledge or consent of the owner.
H. The provisions of this section shall not apply to any land that is used primarily for farming or ranching activities or to roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities.
The Oklahoma Limitation of Liability for Farming and Ranching Land Act shall govern such land.
Oklahoma Limitation of Liability for Farming and Ranching Land Act §2-16-71.1. Oklahoma Limitation of Liability for Farming and Ranching Land Act –
Purpose – Definitions – Applicability of act to land used for purposes other than farming
and ranching.
A. Sections 16-71.1 through 16-71.7 of this title shall be known and may be cited as the
"Oklahoma Limitation of Liability for Farming and Ranching Land Act".
B. 1. The purpose of the Oklahoma Limitation of Liability for Farming and Ranching Land Act is
to encourage owners of farming and ranching lands to make such land available for recreational
purposes by limiting their liability to persons entering or using the farm and ranch land and to
third persons who may be damaged by the acts or omissions of persons entering upon or using
these lands.
2. The Oklahoma Limitation of Liability for Farming and Ranching Land Act applies only to an
owner of land who does not charge more than Ten Dollars ($10.00) per acre per year for that
land used for recreational purposes.
C. As used in the Oklahoma Limitation of Liability for Farming and Ranching Land Act:
1. "Land" means land which is used for farming, ranching activities and recreational purposes,
as defined in this section, including, but not limited to, roads, water, watercourses, private ways,
buildings, structures, and machinery or equipment when attached to realty which is used
primarily for farming or ranching activities;
2. "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in
control of the premises but shall not include a tenant, lessee, occupant or person in control of
the premises who is engaging in any recreational purpose described in paragraph 3 of this
subsection;
3. "Recreational purpose" includes any of the following, or any combination thereof: hunting,
fishing, wildlife and ecological viewing or photography, recreational farming and ranching