• Issues
  • Access
  • Climate Change
  • Energy
  • Farm Bill
  • Fisheries
  • Mining
  • Roadless Areas
  • Wetlands
• News Room
  • Press Releases
  • Reports
  • Square Dealer
• TRCP TV
  • Life in the Open
  • Escape to the Wild
• Union Sportsmen

Model Legislation for State Access Program

 

(Insert Name of State Legislature)

A BILL

Introduced by: (insert name of legislators authoring the bill)
Coauthored by: (insert coauthors: Senators: ? / Representative:?)

(insert date of introduction)

An act to encourage owners and operators of privately-held farm and ranch land to voluntarily make their land available for access by the public under a program administered by the (insert name of state fish and wildlife agency), and making an appropriation therefor.

(insert bill number here).

SECTION 1. SHORT TITLE.

This Act/Bill may be cited as the ‘‘(insert name of access program, such as Voluntary Public Access and Wildlife Habitat Incentive Program Act/Bill of 2004)’’.

SECTION 2. FINDINGS.

(Insert name of state legislature) finds that -
(1) according to the United States Fish and Wildlife Service, in 2001, (insert number) individuals in the state of (insert name of state) aged 16 years and older participated in wildlife-related recreation, including (insert number) individuals who hunted, and more than (insert number) who engaged in wildlife-related recreation such as observing, feeding, or photographing wildlife, in the state of (insert name of state);
(2) individuals who participated in wildlife-related activities in 2001 spent an estimated (insert dollar amount), including:
(A) more than (insert dollar amount) on fishing;
(B) nearly (insert dollar amount) on hunting; and
(C) more than (insert dollar amount) on food, lodging, and transportation;
(3) the growing public demand for outdoor recreational opportunities (insert name of state) is increasingly constrained by the limits on both public and private land resources;
(4) limited public access on private land (insert name of state) has often frustrated and disappointed hunters, anglers and other recreationist, and undermined the relationship between land owners and the general public;
(5) several other states have established successful but modest walk-in programs to encourage public access on private farm and ranch land, yet the demand for such a voluntary access program in (insert name of state) remains largely unfulfilled;
(6) traditional agricultural markets have in recent years offered limited income opportunities for farm and ranch land owners and operators in (insert name of state; and
(7) current proposals to reform world agricultural trade favor the development of new methods to support the income of agricultural producers that have minimal impact on agricultural production and prices.

Add additional findings here that are specific to the state in question.

SECTION 3. DEFINITIONS.

For purposes of this act/bill, the following definitions apply:
(a) "Contract" includes, but is not limited to, a contract, agreement, easement, memorandum of understanding, or lease.
(b) "Partnership" means a collaborative effort involving financial or in-kind contributions by nongovernmental organizations, the (insert name of fish and wildlife agency), and other interested parties working in concert to effect the goals of the program.
(c) "Private landowner" means an owner of any possessory interest in real property that is suitable use by the public for wildlife-dependent recreational activities.
(d) "Program" means the (insert name of public access program) established under this article/act/bill.
(e) "Voluntary" means the owner or lessee of private land agrees willingly and without pressure or duress to enroll their land into the (insert name of public access program).
(f) "Wildlife-dependent recreational activities" means hunting, fishing, wildlife observation, conservation education, and related outdoor activities.
(g) "Walk-in public access" means access by the public onto private land that is enrolled in the (insert name of public access program) by means of (non-motorized) foot travel or in special cases by wheeled vehicles specifically designed for those who are physically impaired.

SECTION 4. (insert name of public access program).

(a) IN GENERAL. - The (insert title of state fish and wildlife agency director) shall establish a voluntary walk-in public access program under which the (insert name of state) (insert name of state fish and wildlife agency) may encourage owners and operators of privately-held farm, forest, and ranch land to voluntarily make that land available for walk-in access by the public under programs administered by the (insert name of state) (insert name of state fish and wildlife agency).

(b) AUTHORITY. - The (insert title of state fish and wildlife agency director) of the (insert name of state fish and wildlife agency) is authorized to enter into contracts with the owners or lessees of land for the establishment of voluntary walk-in public access for the purposes of hunting, fishing, and/or wildlife-related recreation.

(c) APPLICATIONS. - In submitting applications for enrolling land under the program, an owner or lessee of private farmland, rangeland, or forestland shall describe. -

(1) the benefits that the land will provide the public, such as hunting, fishing, bird watching, and related outdoor activities; and
(2) the fish and wildlife habitat improvements made to the land that will enhance public uses.

(d) PRIORITY. - In approving applications and enrolling landowners and operators under the program, the (insert title of state fish and wildlife agency director and name of state fish and wildlife agency) shall give priority to applicants who propose -

(1) to maximize benefits by offering land which is likely to meet with widespread acceptance by the public, and

(2) to ensure that land enrolled under the program has appropriate fish and wildlife habitat.

(e) PARTNERSHIPS. - The (insert title of state fish and wildlife agency director and name of state fish and wildlife agency) shall enter into partnership with nonprofit conservation groups and other interested nongovernmental organizations, to work cooperatively to plan and develop the (insert name of public access program) to facilitate public access to private lands for wildlife-dependent recreational activities. Once the terms of the program have been established and approved by the partnership, but not later than (insert date), the (insert name of fish and wildlife agency) shall verify that sufficient demonstration of private landowner interest has been shown to support the program. Upon that verification, in order to facilitate the implementation of the program, the (insert name of fish and wildlife agency) shall adopt regulations and fees for the management and control of wildlife-dependent recreational activities on land that is subject to this article.

(e) RELATIONSHIP TO OTHER LAWS. - Nothing in this section preempts a other (insert name of state) laws (including any [insert name of state] liability law).

(f) REGULATIONS. - The (insert title of state fish and wildlife agency director) shall promulgate such regulations as are necessary to carry out this section.

(g) FUNDING. - The (insert title of the state fish and wildlife agency director) of the (insert name of public access program) is authorized (insert dollar amount) in each of fiscal years (insert year) through (insert year) to carry out the (insert name of public access program).