Okla. Stat. tit. 2, § 2-16-28.3

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

Oklahoma Statutes - Title 2. Agriculture Page 594

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

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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
ime

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.