87-1-294. (Temporary -- effective January 1, 2014) Unlocking state lands program -- purpose -- commission rulemaking authority. (1) The legislature finds that increasing access to public lands will provide additional opportunities for activities such as hunting, fishing, wildlife viewing, and other recreational activities as determined by the commission.
     (2) The department may establish and administer a voluntary program to encourage access through private land to parcels not previously deemed legally accessible to be known as the unlocking state lands program.
     (3) Private land is not eligible for the unlocking state lands program if outfitting or commercial hunting restricts public hunting opportunities on that land.
     (4) If the parcel not previously deemed legally accessible is leased state land under Title 77, chapter 1, only the lessee with a qualified access to that state land under 15-30-2380 is eligible for the unlocking state lands program.
     (5) (a) A contract for participation in the unlocking state lands program is established through a cooperative agreement between the landowner and the department that guarantees reasonable access to state land through the landowner's private land. This contract serves as certification that the landowner is providing qualified access to state land and is eligible for the tax credit identified in 15-30-2380. The contract must include a certification number for identification purposes. The department shall provide a copy of the contract to the landowner and notify the department of revenue of the certification number.
     (b) Contracts may be established with landowners who, prior to January 1, 2014, provided access to state land that was otherwise not legally accessible under subsection (9). Landowners who establish contracts under this subsection (5)(b) are eligible to receive the tax credit identified in 15-30-2380.
     (6) The commission shall develop rules for establishing contracts under this section regarding:
     (a) duration of access;
     (b) types of qualified access; and
     (c) reasonable landowner-imposed limitations.
     (7) The department shall provide public notice of any available qualified access to state land established through the unlocking state lands program.
     (8) Recreational users of access established by the unlocking state lands program shall remain in the prescribed access route as defined by the contract in subsection (5).
     (9) For purposes of this section, "parcels not previously deemed legally accessible" means state land that cannot be accessed by:
     (a) public road, right-of-way, or easement;
     (b) public waters;
     (c) adjacent federal, state, county, or municipal land that is open to public use; or
     (d) adjacent private land because that landowner has not granted permission to cross. (Terminates December 31, 2018--sec. 6, Ch. 346, L. 2013.)

     History: En. Sec. 2, Ch. 346, L. 2013.