Habitat & Access Program

[ElkHunter]

New program being proposed by DNR. Below the letter is the legal language.
In the letter is an email address to leave your comments. Can tell you FB is hammering away at what a bad program it is. We have been hollering for better access for a long time, here is our opportunity.




I am sending information about the Department of Natural Resources Management and Hunting Access Pilot Program. Iowa received a three-year $1.5 million grant from USDA to encourage owners and operators of privately-held farm, ranch and forest land to voluntarily make that land available for hunting access by the public. The pilot program will fund habitat improvement projects on private land in exchange for public access to the land for hunting.

The DNR is in the process of rule-making to develop the program. The public comment period for this rule extends through Feb. 3, 2011. Comments may be sent to by email to Kelly.Smith@dnr.iowa.gov; or people may call Kelly Smith at 515-281-6247 to give oral comments. A public meeting will also be held on February 3, and those details are in the first attachment.

At this time public comments are largely negative against the program. Questions have been raised about landowner liability for those who choose to participate in the program. The DNR requested research and a statement from the Attorney General’s office to clarify the issue, and the reply follows:

Landowners who choose to participate in the new Habitat and Public Access Program should have no reason to fear potential liability based upon their receipt of funds through the program, provided they do not otherwise “charge” for permission to enter or go upon their land. The term “charge” as defined in Iowa Code section 461C.2(1) means “any consideration, the admission price or fee asked in return for invitation or permission to go upon the land.” Even without the additional assurance provided under section 461C.6(2), the landowners’ receipt of funds from the DNR (or vis a vis a federal grant) to “create, manage, and enhance wildlife habitat” would not constitute a “charge” within the meaning of section 461C.2(1) since there would be no legal or financial relationship between the landowners and potential users of the property. Iowa Code 461C.6(2) merely provides further assurance against potential liability to private landowners considering opening up their land to the public for recreational use and urban deer control. Again, however, the protection against potential liability is still contingent upon landowners not charging members for permission to enter or go upon their land. Those considering applying for inclusion in the program therefore need to be aware of the requirement against charging irrespective of whether they receive funding to create, manage, and enhance wildlife habitat through the new program.

Please don’t hesitate to contact me if you have questions about this program.
Thanks,




ITEM 1.

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Amend 571—Chapter 22, chapter title, as follows: [/FONT]​

WILDLIFE HABITAT ON PRIVATE LANDS PROMOTION PROGRAM AND HABITAT AND PUBLIC ACCESS PROGRAM ​

ITEM 2​

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]. Amend 571—Chapter 22 by adopting the following [/FONT][/FONT]new [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Part I title: [/FONT][/FONT]​

PART I ​

WILDLIFE HABITAT ON PRIVATE LANDS PROMOTION PROGRAM


ITEM 3. ​

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Amend 571–Chapter 22 by adding the following [/FONT][/FONT]new [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Part II title: [/FONT][/FONT]​

PART II ​

HABITAT AND PUBLIC ACCESS PROGRAM


ITEM 4. ​

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Adopt the following [/FONT][/FONT]new [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]rules 571—22.10 through 571—12.15: [/FONT][/FONT]
571—22.10(456A,483A) Purpose and authority. [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]These rules set forth the procedures to open private lands to public hunting, while providing landowners grant funds to create, manage, and enhance wildlife habitat. Pursuant to the Iowa Code, all funds deposited into the state fish and game protection fund shall be expended solely in carrying on the activities embraced in the fish and wildlife division. The department assesses a wildlife habitat fee in conjunction with each resident and non-resident hunting license sold in Iowa and this fee is deposited into the state fish and game protection fund. At least $1 from every wildlife habitat fee is required to be spent in a manner that increases landowner participation in federally-funded conservation programs that encourage opportunities for recreational hunting on private land. Additionally, the federal funds allocated to this program require enrolled lands have suitable wildlife habitat and are open to the public. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]​

[/FONT]

22.11 ​

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Definitions(456A,483A). For the purpose of this part: [/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]"Department" [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]means the department of natural resources. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]"Commission" [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]means the natural resource commission. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[/FONT]571—22.12(456A,483A) Eligibility. [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]All private landowners statewide with land that contains wildlife habitat or are willing to enter into an agreement with the department to develop wildlife habitat and allow public hunting access are eligible for the program. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[/FONT]571—22.13(456A,483A) Application procedures[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]. Applications will be accepted only from those eligible as stated above. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[/FONT]22.13(1) [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Applications[/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]. Applications must be submitted on forms furnished by the department. Applications and contracts must be received by June 1 to provide adequate time for signing the property, and to ensure the public is aware that the area is open to public hunting. However, at the department’s discretion and dependent upon the availability of funds, the application period may be extended. Landowners will be notified in writing within 30 days of submission of an application whether they have been accepted into the program. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[/FONT]22.13(2) [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Availability of funds. [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Funds available for this program are provided through a United States Department of Agriculture – Farm Service Agency Voluntary Public Access – Habitat Incentive Program Grant awarded to the department, as well as from wildlife habitat fees. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]a. [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Funds available for assisting landowners shall be in the department’s budget in accordance with legislative appropriations. Funds will be made available during a fiscal year of July 1 to June 30. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]b. [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]To maximize the amount of wildlife habitat actually established, the department may accept contributions from any governmental or private conservation group to help habitat practices designed to implement the Habitat and Public Access Program. Department funds may also be used to match other funding sources or incentive programs. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[/FONT]22.13(3) [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Project review and selection[/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]. Projects will be reviewed by the site’s regional department wildlife biologist, who will recommend the commission enter into agreement with successful applicants. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]​

[FONT=Times New Roman,Times New Roman]Project[/FONT]
[/FONT]

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]s [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]will be selected based on the ranked scoring criteria in the application, which priorities sites with the greatest chance of benefitting wildlife populations and providing adequate recreational hunting opportunities. The criteria include, but are not necessarily limited to: the site’s habitat potential; site suitability; priority locations; and other relevant habitat and hunting access factors. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]

​

[/FONT]571--22.14(456A,483A) Contract agreements[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]. [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]The commission shall enter into agreements with approved landowners to carry out the purposes of this program. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[FONT=Times New Roman,Times New Roman]1. Agreement forms will be provided by the department. They shall explicitly state the terms of the agreement including, but not limited to: the location and size of the habitat improvement; the location and size of the area open for public hunting access; habitat improvement practices to be completed, including the standards by which the practices shall be completed; schedule for completion, cost, and length of time the site shall be open for public recreational hunting; and the reimbursement rate for breaches or early terminations as outlined in rule 571--22.15. Terms of the agreement and copies of the contract are available from the department for examination. [/FONT]
[FONT=Times New Roman,Times New Roman]2. Grant funds assistance will not be provided unless an agreement has been signed by both parties. [/FONT]
[FONT=Times New Roman,Times New Roman]3. Contracts may be amended by mutual agreement of both parties. [/FONT]
[FONT=Times New Roman,Times New Roman]4. Lands enrolled will be subject to game management area hunting rules as contained in 571—Chapter 51. [/FONT]
[/FONT]571—22.15(456A,483A) Cost reimbursement. [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Whenever a landowner has been found to be in violation of a contract specified in this rule, or terminates the contract early, the landowner shall reimburse the state a pro-rated amount of any grant funds received. [/FONT][/FONT][FONT=Times New Roman,Times New Roman]
[FONT=Times New Roman,Times New Roman]The rules in this division are intended to implement Iowa Code sections 456A.19, 483A.3B(3)(b). [/FONT]​

[/FONT][/FONT]

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[turkeyriver]

So FB's main objection to this holds no water. Landowners would not be liable unless they charged an additional fee, right?

 

[Packnasty]

It sounds as though this is mostly going to benefit pheasant hunters, as I'm guessing "habitat improvements" will likely be the establishment of native grasses.

...and $1.5 million is a slap in the face to pheasant hunters, when you consider how much CRP has been abandoned in the state.

 

[SquirrelBoy]

Gotta love pork projects... $1,500,000.00 for 3 years. Thats $500,000 each year. Whats that gonna buy, 1 free tree per acre each year?

 

[scottonbuck]

Gotta love pork projects... $1,500,000.00 for 3 years. Thats $500,000 each year. Whats that gonna buy, 1 free tree per acre each year?

It could be 1.5mil every year. Either way anything we get in this day and age should be received with open arms. I guess instead of complaining about the size of the bone thrown to us we should accept the bone and make the best of it. It may open the doors to bigger and better bones if the program is accepted. I would say they are putting this out there to kind of test the waters for the program instead of investing millions or billions on something that isnt well received. Smart thinking if you ask me. Start small and work your way up.

 

[SquirrelBoy]

Either way anything we get in this day and age should be received with open arms.

The government is broke, this is tax dollars coming right out of our own pockets! Robbing peter to pay Paul. If you want to reward a landowner for letting you hunt, then do it yourself. I do, I give those that want it meat from the harvest.

 

[scottonbuck]

The government is broke, this is tax dollars coming right out of our own pockets! Robbing peter to pay Paul. If you want to reward a landowner for letting you hunt, then do it yourself. I do, I give those that want it meat from the harvest.

And what does that meat do to provide habitat?

 

[SquirrelBoy]

If feeds the guy who is out there taking care of it!

 

[scottonbuck]

If the government is so broke then they should pull the plug on all the dead beats out there who have never lifted a finger to help themselves but hold out there hand wanting more. Then they bitch because the government wont pay for their cable bill because what are they to do all day when they sit on their duffs and get fat so they then can claim disability/ medicare so we can pay to keep their fat asses alive longer so they can spawn more blood suckers like themselves.
I would much rather that money go towards the rebuilding of habitat to support wildlife that supports ITSELF which then goes to people who hunt and eat the wildlife for their own survival etc. Just because times are tough does not mean we should piss on the enviroment and habitat to make a dollar. So as far as robbing from peter to pay paul I say we take back what we put into and use it for something that isnt going to suck the system dry for generations to come. I mean Hell the people sucking welfare most of them have never paid a tax in their lives yet they take all they can.
I will now step off my soap box.
Also I bring all my land owners nice tasty treats every year from the deer I harvest regardless whos land it was taken from. Help Plant, Plan, Mow, Burn CRP etc. Plant food plots and so on to help build the habitat. I can say one landowner is more than thrilled to do this as he enjoys the wildlife living on his ground. But regardless How I plant those tasty treats or juicy steaks in the ground some how they never develop into habitat to provide for wildlife.

 

[SquirrelBoy]

If the government is so broke then they should pull the plug on all the dead beats out there who have never lifted a finger to help themselves but hold out there hand wanting more. Then they bitch because the government wont pay for their cable bill because what are they to do all day when they sit on their duffs and get fat so they then can claim disability/ medicare so we can pay to keep their fat asses alive longer so they can spawn more blood suckers like themselves.

I agree on your rant, but we must refuse pork projects. The less of our money the goverment has to spend er ah mismanage the better. The goverment has alterior motives and they wave chump change around in our face like a carrot. One senator says to another...."I'll allow your 1.5 million habitat program in the stimulus package, if you allow my 1.5million free and reduced lunch program".

Good hunters like us all will help these landowners who so graciously let us hunt. Don't let the goverment get there hooks in.

 

[scottonbuck]

I agree on your rant, but we must refuse pork projects. The less of our money the goverment has to spend er ah mismanage the better. The goverment has alterior motives and they wave chump change around in our face like a carrot. One senator says to another...."I'll allow your 1.5 million habitat program in the stimulus package, if you allow my 1.5million free and reduced lunch program".

Good hunters like us all will help these landowners who so graciously let us hunt. Don't let the goverment get there hooks in.

I can see your point as well, should be an interesting legislature session for sure.

 

[hillrunner]

I simply can't see this project making any real difference and the money is not available for it. Our government needs to learn to spend less, not pick up any new projects at this time.

 

[oldgene]

The USDA is helping to fund this program in Iowa and other midwest states. Walk-in areas have been used in the Dakotas, Nebraska, and Kansas with hugh success. Everyone complains about not having a place to hunt. This will help open up hunting opportunities. If may be aimed at bird hunters but anyone who thinks deer don't like tall grass prairie hasn't hunted much.

 

[SquirrelBoy]

This will help open up hunting opportunities.

Here's how I think it will go down. People who dont like hunters wont open their properties for a few measly dollars.

Landowners who only let friends/family hunt wont join.

Landowners who already let anyone/everyone who asks hunt will join, which will publicise that land to people who didnt know, which will futher degrade the hunting in that area.

This program is a numbers game. If few landowners participate, they will get a lot of $$$ to improve their properties. If alot of landowners participate, everyone will get chump change.

Once the lands are on the books to hunt, outfitters could then start marketing to those landowners and leasing up the land.

 

[cedar creek]

Here's how I think it will go down. People who dont like hunters wont open their properties for a few measly dollars.

Landowners who only let friends/family hunt wont join.

Landowners who already let anyone/everyone who asks hunt will join, which will publicise that land to people who didnt know, which will futher degrade the hunting in that area.

This program is a numbers game. If few landowners participate, they will get a lot of $$$ to improve their properties. If alot of landowners participate, everyone will get chump change.

Once the lands are on the books to hunt, outfitters could then start marketing to those landowners and leasing up the land.

Not to mention the tresspassing problems on the adjoining properties. Any landowner who is going to enter this program; isn't concerned about the neighboring land. I know of several landowners who will enroll in this program in a heart beat. They also are in the depredation program for several years now. I've never had so many tresspassers since these neighboring landowners decided to do this! I've seen hunters from Kentucky!

 

[I-state_hunters]

Money it assist in Habitat improvements huh? So basically the government wants to give me a small sliver of pie and I'll be subject to thier big brother monitoring, rules and regulations and any other crap they can throw my way plus all the people that tresspass now will just become legal tresspassers? Sounds like a win-lose situation to me. I'll keep paying the mortgage on the land and the DNR will give me $50 so that I can put my own labor into planting thier menu and then let others hunt it.

No thanks, I'd just rather let responsible people hunt it privately.

 

[Limb Chicken]

Use to hunt WIA in Kansas one year only to find the best places leased the next year. Don't know what to think of it.