A. There is hereby created within the Oklahoma Conservation Commission, the “Oklahoma Controlled Burn Indemnity Fund”.

B. The Oklahoma Conservation Commission shall administer the Oklahoma Controlled Burn Indemnity Fund. The Indemnity Fund shall be established for the benefit of landowners who perform controlled burns. The Indemnity Fund shall compensate landowners for losses incurred from a fire that spreads beyond the control of the burner, except for losses covered by insurance.

C. In order to participate in the Indemnity Fund, the landowner shall:

1. Work with the local conservation district office and the Natural Resources Conservation Service of the United States Department of Agriculture to develop a controlled burn plan based on the United States Department of Agriculture Natural Resources Conservation Service guidelines; and

2. At the time of filing the completed plan, provide payment of One Hundred Dollars ($100.00) to the Conservation Commission.

D. The Conservation Commission shall have authority to invest the assessments. All proceeds of the investment shall be placed in the Indemnity Fund. Fifty Thousand Dollars ($50,000.00) from the interest income for each year on the total proceeds in the Indemnity Fund shall be paid to the Conservation Commission annually for the development of controlled burn plans and for administration of the Indemnity Fund. The balance of the accrued interest each year shall remain a part of the Indemnity Fund.

E. When a loss is incurred, the landowner shall present a claim to the Conservation Commission. To verify the claim, the landowner shall present any evidence required by the Conservation Commission including, but not limited to, evidence that the landowner strictly adhered to the plan provided for in subsection C of this section. All landowner claim payments shall be made by the Conservation Commission from the Indemnity Fund as soon as practicable and not later than one (1) year following the date of claim. The price per acre of land shall be established on the day of the loss and shall be for the full market value on that day.

F. If there is an insufficient amount of funds in the Indemnity Fund to cover all claims for a certain year, payments shall be made on a pro rata basis up to one hundred percent (100%) of the total loss of each landowner. If payment is not received in the amount of one hundred percent (100%) of total loss for a certain year, then additional amounts shall be paid as funds become available in succeeding years until repayment of one hundred percent (100%) of total loss is attained. If, at any time, a landowner receives payment totaling more than one hundred percent (100%) of total loss, the excess payment shall be returned to the Indemnity Fund within thirty (30) days. Upon final payment of a claim to a landowner from the Indemnity Fund, the landowner shall subrogate the interest to the Conservation Commission in a cause of action against any and all parties, to the amount of loss that the producer was reimbursed by the Indemnity Fund.

G. The landowner shall, within sixty (60) days of the date of loss, present the claim to the Conservation Commission. Landowners may submit a written request to the Conservation Commission for a sixty-day extension of the filing period, if the landowner can show that the landowner was not provided notification and reasonable time to file a claim. If the claim of loss is not presented within the time and in the manner required, the claim shall be forever barred and the landowner shall forfeit all rights to remuneration or payment.

H. If state funds are appropriated to the Indemnity Fund, the Conservation Commission shall establish the rules and procedures necessary to ensure that the General Revenue Fund shall be reimbursed from the assessments in an amount equal to the total appropriation made to the Indemnity Fund. The reimbursement shall be made in a timely manner, provided the intents and purposes of this section to compensate landowners for losses incurred shall not be adversely affected.

I. The monies deposited in the Indemnity Fund shall at no time become part of the general budget of any state board, commission, or agency, except the Conservation Commission.

J. The Executive Director of the Conservation Commission shall investigate all potential civil action claims against persons for recovery of any losses paid by the Indemnity Fund.

K. No provision of this section shall preclude any landowner from conducting a lawful burn without participating in the Oklahoma Controlled Burn Indemnity Fund.

Added by Laws 2007, c. 175, § 1, eff. Nov. 1, 2007.