Section 571.22.14. Agreements.

The commission shall enter into “Iowa Management and Access Program Agreements,” version 4-15-11 that is located on the department’s Web site at http://www.iowadnr.gov/wildlife/privatelands/mgt_access.html as well as through the department’s central office, and incorporated by reference herein, with approved landowners to carry out the purposes of this program.

       22.14(1) Agreement forms shall be provided by the department. The agreement 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 access hunting; the habitat improvement practices to be completed, including the standards by which the practices shall be accomplished; the schedule for completion and length of time the site shall be open for public recreational hunting; and the reimbursement rate for breaches or early terminations of the agreement as outlined in rule 571—22.15(456A,483A).

       22.14(2) Grant funds. Habitat development money is only available if an agreement has been signed by both parties. No funds shall be paid directly to the landowner, but rather shall go to a habitat development contractor hired by the department. This is not a cost-share program; the department is solely responsible for all habitat development cost.

       22.14(3) Agreements may be amended by mutual agreement of both parties.

       22.14(4) Enrolled lands are subject to game management area hunting rules as contained in 571—Chapter 51. Access and boundary signs shall be placed and maintained on enrolled lands by the department, including “No Hunting in Standing Crops” signs at the landowner’s discretion.

       22.14(5) Nothing in this program or in the agreement alters or waives the liability protection afforded to private landowners opening their lands up to public recreation under Iowa Code chapter 461C. Access given pursuant to a signed agreement shall not constitute a “charge” as defined in Iowa Code section 461C.2. As stipulated in Iowa Code section 461C.4, landowners who participate in this program do not, by opening up their lands to public recreation, do any of the following:

        a.           Extend any assurance that the premises are safe for any purpose;

        b.           Confer upon such person the legal status of an invitee or licensee to whom the duty of care is owed;

        c.           Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

[ARC 9496B, IAB 5/4/11, effective 6/8/11]