Jeff Tibbits Wildlife Biologist (OLAP)

Transcription

1 Oklahoma Land Access Program Lead Story Headline Incentives: Extra income for allowing public access Limited landowner liability Program rules that protect the landowner 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 landowners 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 walkin hunting, walk-in fishing, streams access, and wildlife viewing. Controlled youth hunts for antlerless deer can help landowners manage their deer herd health. Landowners enrolled in the program 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. For more information, please contact: Jeff Tibbits Wildlife Biologist (OLAP) jeff.tibbits@odwc.ok.gov Kasie Joyner Wildlife Technician (OLAP) kasie.joyner@odwc.ok.gov

2 Oklahoma Land Access Program Page 2 Qualifications, Procedures, and Agreements Landowners interested in enrolling can fill out an application and/or contact 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. 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. "Conservation will ultimately boil down to rewarding the private landowner who conserves the public interest. -Aldo Leopold 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 biologist and/or technician can assist landowners 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. Compensation Additionally, if an enrolled property 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 amended at any time with mutual, written agreement by the landowner and the Department. 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.

3 Oklahoma Land Access Program Page 3 Liability 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 ( ). Applies to lands not being farmed or ranched. 2. Limitation of Liability for Farming and Ranching Land Act ( ). Applies to lands being farmed and ranched. Responsibilities 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. In a civilized and cultivated country, wild animals only continue to exist at all when preserved by sportsman. -Theodore Roosevelt Right to Deny Access 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. Example of posted sign.

4 Oklahoma Land Access Program Page 4 Walk-in Area Categories 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. 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 Wildlife Viewing Access 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) 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. 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.

5 Oklahoma Land Access Program Page 5 Signage Signs will be posted to notify sportsman of property boundaries, safety areas, restricted access, rules and restrictions. Examples of signs posted at walk-in area. OLAP Map Directory The Voluntary Public Access program has opened public access to millions of acres in over 30 states. 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 newsletter. Sportspersons can print paper copy maps from the web app accessed at:

6 Jeff Tibbits Wildlife Biologist (OLAP) Kasie Joyner Wildlife Technician (OLAP) 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

7 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 ( ). Limitation of Liability for Farming and Ranching Land Act ( ). 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).

8 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.

9 General Recreational Use Statute 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,

10 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.

11 Oklahoma Limitation of Liability for Farming and Ranching Land Act 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 through 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.

12 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, Amended by Laws 2004, c. 368, 26, eff. Nov. 1, Renumbered from 10 of Title 76 by Laws 2004, c. 368, 67, eff. Nov. 1, Amended by Laws 2013, c. 236, 1, eff. Nov. 1, 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. Added by Laws 1965, c. 384, 2, emerg. eff. June 30, Amended by Laws 2004, c. 368, 27, eff. Nov. 1, Renumbered from 11 of Title 76 by Laws 2004, c. 368, 67, eff. Nov. 1, 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.

13 Added by Laws 1965, c. 384, 3, emerg. eff. June 30, Amended by Laws 1967, c. 368, 1, emerg. eff. May 22, 1967; Laws 2004, c. 368, 28, eff. Nov. 1, Renumbered from 12 of Title 76 by Laws 2004, c. 368, 67, eff. Nov. 1, Applicability of Sections and 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. Added by Laws 1965, c. 384, 4, emerg. eff. June 30, Amended by Laws 1994, c. 38, 1, emerg. eff. April 11, 1994; Laws 2004, c. 368, 29, eff. Nov. 1, Renumbered from 13 of Title 76 by Laws 2004, c. 368, 67, eff. Nov. 1, 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. Added by Laws 1965, c. 384, 5, emerg. eff. June 30, Amended by Laws 2004, c. 368, 30, eff. Nov. 1, Renumbered from 14 of Title 76 by Laws 2004, c. 368, 67, eff. Nov. 1, 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.

14 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. Added by Laws 1965, c. 384, 6, emerg. eff. June 30, Amended by Laws 2004, c. 368, 31, eff. Nov. 1, Renumbered from 15 of Title 76 by Laws 2004, c. 368, 67, eff. Nov. 1, 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, Amended by Laws 2004, c. 368, 32, eff. Nov. 1, Renumbered from 15.1 of Title 76 by Laws 2004, c. 368, 67, eff. Nov. 1, 2004.

15 OLAPID: COOPID: 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: county, Oklahoma (Land) Total Acres: 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 (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.

16 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 , 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: $

17 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 1 st 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.

18 6) In addition to the other provisions of this Agreement, the ODWC and Cooperator agree to abide by the following property-specific provisions: Please mail completed lease agreement with notarized signature to the program coordinator: Jeff Tibbits ODWC PO BOX Oklahoma City, OK Program Contacts Jeff Tibbits, Wildlife Biologist (OLAP Program Coordinator) (405) Kasie Joyner, Wildlife Technician (OLAP) (405)

19 By signing below, both parties agree to the terms and conditions of this Agreement. ODWC representative: Print Name Signature Date: Program Coordinator: Print Name Signature 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: Print Name Signature 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: