Okla. Admin. Code § 725:15-21-6

Current through Vol. 42, No. 4, November 1, 2024

Section 725:15-21-6 - [Effective until 11/1/2024] Acquisition policies and procedures-RTP only

(a) Means of acquisition. Acquisition of land or interests therein (easements, leases, or other legal interests) may be accomplished through purchase, transfer, donation, or a combination of these methods. When the acquisition is proposed by donation, the nature of any restriction on the use of the area or condition of donation will be examined to ensure that it is compatible with the purpose of the project. Only the value of land donations from private landowners may qualify as match for all or a portion of the local matching share.

(b) Property subject to continuing use provision, section 6(f)(3). The RTP allows states to decide if they wish to apply Section 6(f)(3) of the Land and Water Conservation Fund Act. Oklahoma has chosen to apply this provision only to acquisition of fee simple property. This provision assures that once an area is protected by 6(f)(3), it will be continually maintained in public recreation use unless property of reasonably equivalent usefulness of at least equal fair market value is substituted and the substitution is approved, in advance, by the Department.

(c) Acquisition of less than fee simple property-- RTP only.

(1) The RTP requires that easements be pursued as a priority; acquisition of fee simple title may occur only when an easement is not feasible. Sponsors requesting funds for trails on private property are required to have an acceptable formal written agreement giving the public access to the trail for a minimum of twenty (20) years. Property with less than fee simple interest (usually an easement, lease or license) will only be eligible for fund support if it meets all of the following requirements:

(A) Sponsor has (or will have) legal control of the surface rights that are relevant to trail use, and any rights retained by the owner are not incompatible with trail use; and

(B) The term of the easement, lease or license may not be less than twenty years; and

(C) The easement, lease or license cannot be revocable at will by the grantor.

(2) Prior to the submission of an application involving property with less than fee simple title, it is suggested that the sponsor contact the Department to discuss program requirements. The sponsor should submit a copy of the draft legal document for Departmental approval prior to its execution to ensure eligibility and avoid unnecessary delays. The draft agreement should include a boundary map, project area metes and bounds (if possible), and a letter from the lessor indicating a willingness to enter into the agreement when the project is approved.

(d) Reservations and rights not acquired. Reservations and rights held by others are permissible only if it is determined that the outdoor recreation activities and environment would not be adversely affected by conditions such as the holding of mineral rights, property liens, easements, etc. The applicant shall list all outstanding rights or interests held by others on the boundary map. Sponsors may be asked to explain how these outstanding rights are to be dealt with to assure that the outdoor recreation interests and the environment will not be adversely affected.

(e) Acquisitions involving compatible use. Non-recreation uses such as timber management, grazing mineral extraction, and other natural resource uses may be carried out within the project area only if they are:

(1) Clearly described in the project application; and

(2) Compatible and secondary to outdoor recreation use. The sponsor should contact Department prior to any action which would cause the fund-assisted area to be converted to other than outdoor recreation uses.

(f) Acquisitions which will not be assisted. The following acquisitions will not be assisted:

(1) Lands which are already within the public domain and can currently be utilized for outdoor recreation.

(2) Land acquisitions which occur prior to grant approval or Department's authorization. Consequently, the value of land already owned by the project sponsor cannot be used as the sponsor's local match.

(3) Private land from an unwilling seller.

(g) Scheduling. When proposing the acquisition of land or real property, it is not appropriate to negotiate a price prior to grant and appraisal approval by the Department. Sponsors may, however, contact the landowner to determine if the land is available for acquisition to determine if the donor is willing to donate, sell or partially donate the subject property. Please be advised that negotiations of a price prior to grant and appraisal approval may jeopardize the eligibility of the proposed acquisition for grant assistance.

Okla. Admin. Code § 725:15-21-6

Added at 11 Ok Reg 2863, eff 6-13-94; Amended at 14 Ok Reg 3230, eff 7-25-97

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022