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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1632 By: Boren
AS INTRODUCED
An Act relating to wildlife; amending 29 O.S. 2021,
Section 3-312, which relates to the wildlife habit at
development program; pro hibiting denial of
participation under certain conditions; providing for
conditions exempted from den ial; prohibiting use of
eminent domain; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2021, Section 3 -312, is
amended to read as foll ows:
Section 3-312. A. In order to encourage wildlife habitat
conservation on private lands, the Department of Wildlife
Conservation shall establish a program for wildlife hab itat
maintenance, enhancement, development, preservation, restoration,
and management on private lands. To implement the program, the
Department shall enter into multiyear contracts for approved
projects on privately owned lands detailing the landowners ’
responsibilities.
B. The Department shall promulgate rules pursuant to the
Administrative Procedures Act to implement the program ; provided
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that, such rules shall not deny properties from the program that
include, but are not limited to, less than one (1) acre of land
existing in its natural state, presently enhanced for wildlife use,
or being restored to a state conducive to wildlife conservation.
Such rules may provide for incentives to participate in th e program.
The Department shall not deny or prev ent a property from
participation in the program in the event the property fails the
provisions of this section b y events including, but not limited to,
fires, natural disasters, vandalism, or any other event proven to be
outside of the landowner ’s control.
C. Nothing in this section or in the contract executed pursuant
to subsection A of this section shall be interpreted or construed to
constitute a financial or general obligation of the state. No state
revenue shall be used to guarantee or pay for any da mages to
property or injury to persons as a result of th e provisions of this
section or the contract.
D. 1. Any landowner contracting with the Department pursuant
to the provisions of this section:
a. except as otherwise provided by this subsect ion, owes
no duty of care to keep the premises safe for entry or
use by others for any recreational purposes, or to
give any warning of a dangerous condition, use,
structure, or activity on such premises to persons
entering for such purposes, or
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b. who either directly or indirectly invites or permits
without charge any per son to use such prop erty for
recreational purposes, does not thereby:
(1) extend any assurance that the premises are safe
for any purpose,
(2) confer upon such person the legal status of a n
invitee or licensee, or
(3) assume responsibility for or incur liability for
any injury to person or property caused by an act
or omission of such persons.
2. Nothing in this section limits in any way any liability
which otherwise exists for:
a. willful or malicious failure to guard or warn against
a dangerous condition, u se, structure or activity, or
b. injury suffered in any case where the owner of land
charges the person or persons who enter or go on the
land for the recreational use thereof.
3. Nothing in this section shall allow the Department or any
agency of this state to acquire proper ty participating in this
program through by right of eminent domain.
SECTION 2. This act shall become effective November 1, 2024.
59-2-3217 MR 1/12/2024 4:29:38 PM