oklahoma land access program · 2017-11-27 · oklahoma state government agencies are prohibited by...

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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

Kasie Joyner Wildlife Technician (OLAP) [email protected] 405-535-5681

For more information, please contact:

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.


"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.


“In a civilized and

cultivated

country, wild

animals only

continue to exist

at all when

preserved by

sportsman.”

-Theodore

Roosevelt

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.

Apr. 6—May 6 (Statewide) Apr. 17—May 6 (SE Region)

Controlled Access

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.


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


The Voluntary

Public Access

program has

opened public

access to millions

of acres in over

30 states.

Examples of signs posted at walk-in area.

Signage

Jeff Tibbits Wildlife Biologist (OLAP) [email protected] 405-535-7382

Kasie Joyner Wildlife Technician (OLAP) [email protected] 405-535-5681

The mission of the Oklahoma

Department of Wildlife Conservation

is the management, protection, and

enhancement of wildlife resources

and habitat for the scientific,

educational, recreational, aesthetic,

and economic benefits to present

and future generations of citizens

and visitors to Oklahoma.

Wildlifedepartment.com/olap

OKLAHOMA LAND ACCESS PROGRAM:

LIMITED LIABILITY AND DAMAGES

LIABILITY PROTECTION

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

activities, swimming, boating, camping, picnicking, hiking, pleasure driving, jogging, cycling,

other similar events and activities, nature study, water skiing, winter sports, jet skiing, viewing or

enjoying historical, archaeological, scenic, or scientific sites and aviation, including fly-ins at

private airports; and

4. "Charge" means the admission price or fee asked in return for invitation or permission to

enter or use the land. The term "charge" shall not include 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; shall not include hunting, fishing, boating, and other license and permit fees; shall

not include hunting or fishing leases; and shall not include donations made at fly-ins at private

airports.

D. The Oklahoma Limitation of Liability for Farming and Ranching Land Act shall not apply to

any land that is used for purposes other than farming and ranching. Such land shall be

governed by Section 10.1 of Title 76 of the Oklahoma Statutes.

Added by Laws 1965, c. 384, § 1, emerg. eff. June 30, 1965. Amended by Laws 2004, c. 368, §

26, eff. Nov. 1, 2004. Renumbered from § 10 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1,

2004. Amended by Laws 2013, c. 236, § 1, eff. Nov. 1, 2013.

§2-16-71.2. Entry upon farm or ranch lands for recreational purposes - Duty of owner.

Except as specifically recognized by or provided in Section 30 of this act, an owner who

provides the public with land for recreational purposes which is used primarily for farming or

ranching activities owes no duty of care to keep the land safe for entry or use by others for

recreational purposes, or to give any warning of a dangerous or hazardous condition, use,

structure, or activity on such land to persons entering or using the land for such purposes.



2004.

§2-16-71.3. Entry upon or use of land for recreational purposes - Liability of owner –

Applicability of section to state or other governmental unit.

A. Except as specifically recognized by or provided in Section 30 of this act, an owner of land

which is used primarily for farming or ranching activities, who either directly or indirectly invites

or permits, under the circumstance described in subsection B of Section 26 of this act, any

person to enter or use such land for recreational purposes, does not:

1. Extend any assurance that the premises are safe for any purpose;

2. Incur any duty of care toward a person who enters or uses the land; or

3. Assume responsibility or incur liability for any injury to person or property caused by an act or

omission of such persons.

B. This section applies whether the person entering, or using the land is an invitee, licensee, or

otherwise.

C. This section does not affect the liability of an insurer or insurance plan in an action under the

Insurance Code, or an action for bad faith conduct, breach of fiduciary duty, or negligent failure

to settle a claim.

D. This section shall not apply to the state or other governmental unit.


1, emerg. eff. May 22, 1967; Laws 2004, c. 368, § 28, eff. Nov. 1, 2004. Renumbered from § 12

of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.

§2-16-71.4. Applicability of Sections 16-71.2 and 16-71.3 to duties and liability of owner.

Unless otherwise agreed in writing, the provisions of Sections 27 and 28 of this act shall be

deemed applicable to the duties and liability of an owner of land which is used primarily for

farming or ranching activities, is on or adjoins land entered upon the National Register of

Historic Places and for which an easement has been granted to the Oklahoma Historical

Society, or is leased to the state or any subdivision thereof for recreational purposes.


1, emerg. eff. April 11, 1994; Laws 2004, c. 368, § 29, eff. Nov. 1, 2004. Renumbered from § 13

of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.

§2-16-71.5. Negligence – Deliberate, willful, or malicious injury or failure to warn –

Consideration received for land leased to state.

A. Nothing in the Oklahoma Limitation of Liability for Farming and Ranching Land Act limits in

any way any liability which otherwise exists for want of ordinary care or for deliberate, willful, or

malicious injury or failure to guard or warn against a dangerous or hazardous condition, use,

structure, or activity.

B. In the case of land leased to the state or subdivision thereof, any consideration received by

the owner for such lease shall not be deemed a charge within the meaning of this section.



2004.

§2-16-71.6. Duty of care or ground of liability not created – Persons entering or using

lands not relieved of duty of care – Release or waiver binding.

A. Nothing in the Oklahoma Limitation of Liability for Farming and Ranching Land Act shall be

construed to:

1. Create a duty of care or ground of liability for injury to persons or property; or

2. Relieve any person entering or using the land of another for recreational purposes from any

obligation which such person may have in the absence of the Oklahoma Limitation of Liability

for Farming and Ranching Land Act to exercise care in the use of such land and in the activities

thereon, or from the legal consequences of failure to employ such care.

B. 1. No person who has executed a written release of liability or a waiver to sue may maintain

an action against or recover damages from a land owner in contravention of the release or

waiver for any personal injury or injury to property. The terms of the executed release or waiver

shall be binding upon the person signing the document. The provisions of this subsection shall

apply regardless of the amount charged per acre for a recreational activity.

2. A release or waiver executed pursuant to this subsection shall not limit the liability of a land

owner for willful or wanton acts of negligence or gross negligence.



2004.

§2-16-71.7. Agricultural land - Trespass - Duty owed.

A. An owner, lessee, or other occupant of agricultural land:

1. Does not owe a duty of care to a trespasser on the land; and

2. Is not liable for any injury to a trespasser, except for willful or wanton acts of negligence or

gross negligence by the owner, lessee, or other occupant of the land.

B. Agricultural land is defined as any real property that is used in production of plants, fruits,

wood, or farm or ranch animals to be sold off the premises.

Added by Laws 1991, c. 231, § 14, eff. Sept. 1, 1991. Amended by Laws 2004, c. 368, § 32,

eff. Nov. 1, 2004. Renumbered from § 15.1 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1,

2004.

Oklahoma Department of Wildlife Conservation

Oklahoma Land Access Program Lease Agreement

The Oklahoma Department of Wildlife Conservation (ODWC) and

Name: (Cooperator)

Address: City: State: Zip:

Phone:

Legal Description of the real property subject to this Agreement:

The parties hereby enter into this Agreement for the purpose of allowing public recreational access on the Land in

Oklahoma, pursuant to 29 O.S. §§ 3-102(D)(6) & 3-312, along with applicable administrative rules of ODWC in

O.A.C. Title 800, SUBCHAPTER 40, entitled - OKLAHOMA LAND ACCESS PROGRAM.

The Cooperator agrees to: 1. Provide proof of ownership of the Land in the form of a deed or tax receipt if the applicant’s name(s) does not

match the owner name(s) listed on the most current county plat map. A completed Power of Attorney form will be

required if not all of the Land’s owners are able to sign this Agreement.

2. Attest that they have registered as an Oklahoma vendor, with an affidavit of non-collusion and are eligible for

federal payments (not under Federal Debarment and/or Suspension).

3. Allow public access on the Land beginning _____________________, and ending _________________________

(Lease Term), consisting of years. Public access shall include and be allowed for the following

selected recreational activities:

____ Hunting – General ____ Hunting – Add-on Turkey option

____ Hunting – Archery/Shotgun only ____ Wildlife Viewing

____ Hunting – September only ____ Stream Access

____ Fishing – Annual access ____ Fishing – Seasonal access

4. Prohibit separately leased hunting, fishing, or other exclusive rights on the Land that may interfere (as determined

by ODWC) with the specified public recreational activities.

5. Reasonably protect all wildlife habitats on enrolled walk-in area from destruction and use that would reduce or

adversely affect the sporting opportunity, and to report any such destructive land use to the ODWC as soon as it

occurs.

6. Provide unrestricted access to the Land for the purpose of the selected recreational activities. Such access will be

restricted to foot traffic only except on designated roads as mutually agreed upon between the ODWC and the

Cooperator as specified on the map attached to and made a part of this Agreement.

OLAPID: _______________________

COOPID: _______________________

______________ county, Oklahoma (Land) Total Acres:___________

7. Allow a representative(s) of the ODWC to inspect and evaluate the Land at the sole discretion of the ODWC.

8. Allow law enforcement, including ODWC game wardens, to access the Land at any time to enforce wildlife

regulations.

9. Prohibit access to the Land by individual users only for cause, including, but not limited to, littering, property

damage, etc. and give ODWC prompt notice of such denial.

10. General agricultural and/or ranching use of the Land shall not be a valid cause for denying public access to the

Land.

11. Provide advance notice to the ODWC via email, telephone, or text message by 5:00 pm the day before

temporarily closing the Land for agricultural or ranching activities that could be adversely affected by public use or

constitute a concern for public safety. Failure to provide proper notification may result in a 20% reduction of total

annual payment for each day access is denied to the Land, to be determined in the sole discretion of the ODWC.

12. Notwithstanding anything contained herein to the contrary, not to temporarily close access to the Land during:

a) the opening day though the first weekend of dove season (if enrolled as any “Walk-in Hunting Area”);

b) the duration of antelope season if said land is in Cimarron county or that portion of Texas county west of

State Highway 136 (if enrolled as “Walk-in Hunting Area”);

c) the opening day though the first weekend of deer archery season (if enrolled as a “Walk-in Hunting

Area: General or “Walk-in Hunting Area: Archery/Shotgun only”);

d) the entirety of deer muzzleloader season (if enrolled as a “Walk-in Hunting Area: General”);

e) the entirety of deer rifle season (if enrolled as a “Walk-in Hunting Area: General”);

f) the entirety of youth gun deer season (if enrolled as a “Walk-in Hunting Area: General”);

g) the entirety of youth waterfowl season (if enrolled as a “Walk-in Hunting Area: General or “Walk-in

Hunting Area: Archery/Shotgun only”); and

h) the opening day through the first weekend of spring turkey season (if enrolled as “Hunting: Add-on

Turkey Option”).

If the Land is closed on any of the above time periods, a 20% reduction of the total annual rental payment shall

apply for each day public access is denied to the Land, as determined in the sole discretion of the ODWC.

13. Regardless of cause, not close the Land for more than _____________ consecutive day(s), and the Cooperator

agrees to accept a 10% reduction of any remaining payment for each day beyond the aforementioned number of

days.

14. Accept a prorated annual rental payment, based on the time the public has access to the Land if the Land is

withdrawn by Cooperator prior to the end of the Lease Term and forfeit any and all remaining payments of a

multiyear contract if the Land is withdrawn from the ODWC’s OLAP program before the end of the Lease Term.

15. Allow the Land to be posted with OLAP and other appropriate signs provided by ODWC and not remove any

such signs without the prior consent of ODWC. However, nothing shall prevent the Cooperator from removing

temporary closure signs at the end of the temporary period of closure.

16. Forfeit 20% of the total payment amount (in addition to prorated deductions) if the Land is withdrawn from the

OLAP program before the end of the first year of the Lease Term.

17. Promptly notify the appropriate ODWC representative and/or OLAP Program Coordinator of the presence of

any hazardous conditions on the Land.

The Oklahoma Department of Wildlife Conservation agrees to:

1. Pay Cooperator in consideration of public access under this Agreement, an annual sum of $___________(Annual

Rent). Any payments made in installments will be processed on the following dates (with actual payment made

shortly after these dates):

First Installment: Date: ____________ Amount: $_____________

Second Installment (if needed): Date: ____________ Amount: $_____________

Spring Turkey Installment (if needed): Date: ____________ Amount: $_____________

2. Evaluate recreational lease opportunities on the Land using standardized methods set forth in the OLAP offer

evaluation document attached to this Agreement.

3. Provide all necessary documents to the Cooperator with respect to the OLAP program.

4. Post informational signs at parking areas indicating access dates and recreational activities permitted, as well as

sufficient boundary signage to indicate boundaries for the Land.

5. In the manner solely determined by ODWC, provide additional ODWC presence on the Land, including game

wardens, biologists, etc.

6. Provide current and accurate maps in digital format on ODWC’s website for the Land, along with the details of

the selected public recreational activities allowed, including the applicable time periods for each activity.

7. Provide signs available to Cooperator, to use if needed, to indicate temporary closure of the Land.

8) In addition to the Annual Rent, pay the Cooperator $__________ per acre to leave _________ acres of

unharvested crop (crop:_______________) standing until__________________ for a total of $_____________ per

year as indicated on the attached property map (if applicable). The determination for payment amount shall be

calculated on the OLAP offer evaluation document (attached).

9) In addition to any other payment applicable hereunder, pay the Cooperator $__________ per acre to leave

_________ acres of untilled crop stubble (crop:_______________) until after the first weekend of September for a

total of $_____________ per year as indicated on the attached property map (if applicable).

10) In addition to any other payment applicable hereunder, pay the Cooperator a one-time payment of $__________

to create or maintain a parking area on said land as indicated on the attached property map (if applicable).

General Provisions

1) In addition, the Cooperator retains all responsibility for taxes, assessments, and damage claims and/or any other

responsibility or liability affecting the real property. Cooperator shall indemnify, reimburse, defend and hold ODWC

harmless for and against any and all, damages, costs, losses or expenses, whatsoever, that are incurred by, may arise

or are asserted against ODWC as a result of Cooperator’s misrepresentation(s) or breach of this Agreement.

2) Any insurance to cover liability and/or any accidental damages that may occur as a result of enrollment in

ODWC’s OLAP program and/or as a result of public use of the Land, is the responsibility of the Cooperator.

3) The Cooperator may withdraw from the OLAP program at any time, with appropriate advance notice to ODWC.

The effective date for withdrawal from the program shall be the 1st or 15

th day of the month, but not sooner than ten

(10) days following notification of withdrawal to the ODWC. Prorated payments will be calculated by the effective

date for withdrawal from the program, with any prepayments to be promptly returned accordingly by Cooperator to

ODWC.

4) This Agreement may be terminated by the ODWC if the Cooperator significantly alters land use, improperly

denies access to the public or ODWC; separately leases exclusive rights to the Land that are adverse to the purpose

of this Agreement; or for any other violation of the Cooperator’s obligations hereunder. Such termination will be

decided at the sole discretion of the ODWC.

5) The transfer of ownership of the Land by Cooperator will terminate this Agreement; and if terminated prior to the

end of the Lease Term, shall result in any and all aforementioned prorated payments and/or payment deductions; or

reimbursement of prepayments to ODWC. Cooperator shall give ODWC advanced notice of any such intended

change in ownership of the Land.

6) In addition to the other provisions of this Agreement, the ODWC and Cooperator agree to abide by the following

property-specific provisions:

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Please mail completed lease agreement with notarized signature to the program coordinator:

Jeff Tibbits

ODWC

PO BOX 53465

Oklahoma City, OK 73152

Program Contacts

Jeff Tibbits, Wildlife Biologist (OLAP Program Coordinator)

(405)535-7382

[email protected]

Kasie Joyner, Wildlife Technician (OLAP)

(405)535-5681

[email protected]

By signing below, both parties agree to the terms and conditions of this Agreement.

ODWC representative: ____________________________________________________________

Date: ______________________________

Program Coordinator: ____________________________________________________________

Date: ______________________________

Before me, the undersigned, a Notary Public, in ____________________, County, Oklahoma on this the _______

day of _______________, ________, personally appeared______________________________________________

known to me to be the identical person(s) who signed the foregoing instrument and acknowledged to me that the

executed the same as his free and voluntary act and deed for the uses and purposes set forth.

Notary Public: ____________________________________ My commission expires: ________________________

Cooperator: ____________________________________________________________

Date: ______________________________

Before me, the undersigned, a Notary Public, in ____________________, County, Oklahoma on this the _______

day of _______________, ________, personally appeared______________________________________________

known to me to be the identical person(s) who signed the foregoing instrument and acknowledged to me that the

executed the same as his free and voluntary act and deed for the uses and purposes set forth.

Notary Public: ____________________________________ My commission expires: ________________________

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