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SB-456 State lands.(1989-1990)

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SB456:v94#DOCUMENT

Senate Bill No. 456
CHAPTER 770

An act to amend Section 6890 of, and to add Section 6890.5 to, the Public Resources Code, relating to state lands.

[ Filed with Secretary of State  September 25, 1989. Approved by Governor  September 24, 1989. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 456, Dills. State lands.
Under existing law, the State Lands Commission is authorized to issue prospecting permits and leases for removal of minerals, other than oil and gas, from state lands, including tide and submerged lands. In entering into leases for extraction of minerals, other than oil and gas or geothermal resources, the commission may provide for payment of a royalty in money or in-kind or for a percentage of the net profits from mineral extraction.
This bill would prohibit the issuance of a lease or permit which results in any net adverse impact to wetlands or riparian habitat.
The bill would require that where lands, other than tide and submerged lands, have been acquired for the use of a specific state agency, that state agency, prior to issuance of permits and leases for the exploration, extraction, and removal of minerals, other than oil and gas and geothermal resources, shall approve the work to be performed and shall specify terms and conditions required to ensure that the work shall be performed in a manner which is not inconsistent with the purposes for which the land is owned or operated.
The bill would prohibit the issuance of any permit or lease under these provisions for a wildlife management area, as described, unless the Department of Fish and Game determines that the proposed activity will not cause a net loss of wildlife habitat value or acreage in that area, as specified, and would prohibit the issuance of any permit or lease for any land under the jurisdiction of the Department of Parks and Recreation, a refuge or other protected area, or an ecological reserve.
The bill would require an amount equal to 50% of the revenue received by the state from lands dedicated to public use for the development of minerals other than oil and gas or geothermal resources to be available for appropriation to the state agency administering the lands, as prescribed.
The bill would authorize the commission, when entering into permits and leases for the exploration, extraction, and removal of minerals, other than oil and gas and geothermal resources, on state lands, other than tide and submerged lands, owned by another state agency, to agree that the state agency receive land or in-kind payments, the value of which shall be deducted from the money royalty or a percentage of the net profits.

The people of the State of California do enact as follows:


SECTION 1.

 Section 6890 of the Public Resources Code is amended to read:

6890.
 (a)  Prospecting permits and leases for the extraction and removal of minerals, other than oil and gas or other hydrocarbon substances, from lands, including tide and submerged lands belonging to the state, may be issued as provided in this article and in this chapter insofar as not in conflict with this article. The commission shall not issue any permit or lease under this section until it has been submitted to the Attorney General and has been approved by the Attorney General as to compliance with the applicable law and rules and regulations of the commission. No lease or permit shall be issued which results in any net adverse impact to wetlands or riparian habitat.
(b)  Where lands, other than tide and submerged lands, belonging to the state have been dedicated to a public use, the commission may issue permits and leases for the exploration, extraction, and removal of minerals, other than oil and gas or other hydrocarbon substances and geothermal resources, in accordance with this article. Where the lands have been acquired for the use of a specific state agency, the state agency, prior to issuance, shall approve the work to be performed under the authority of the permit or lease and the state agency shall specify terms and conditions required to ensure that the work shall be performed in a manner which is not inconsistent with the purposes for which the land is owned or operated.
(c)  If the property is a wildlife management area acquired pursuant to Section 1525 of the Fish and Game Code, the commission shall not issue any permit or lease under this section unless the Department of Fish and Game determines, and reports in writing to the commission, that the proposed activity will not cause a net loss of wildlife habitat value or acreage in that area because privately owned land of greater total wildlife habitat value and acreage, which has habitat values similar in type to the area to be permitted or leased, will be acquired and dedicated to the state to replace the land of that wildlife management area. The replacement land shall be located within 10 miles of the wildlife management area where the lease or permit is to be issued.
(d)  The commission shall not issue a permit or lease under this section for any land under the jurisdiction of the Department of Parks and Recreation, for any refuge or other protected area, as described in Division 7 (commencing with Section 10500) of the Fish and Game Code, or for any ecological reserve, as described in Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code.
(e)  Notwithstanding Section 6217, as of June 30 of each year, a sum equal to 50 percent of the revenue received by the state for the fiscal year ending on June 30 pursuant to permits and leases for the development of minerals, other than oil, gas, or other hydrocarbon substances and geothermal resources, on lands which have been dedicated to a public use and are administered by a state agency other than the commission shall be available for appropriation by the Legislature for the support of, and apportionment and transfer by the Controller to, that state agency.
(f)  If the state agency receives a majority of its funding from a special fund established for the general support of the agency, the revenue made available by subdivision (e) shall be deposited in that fund and shall be available, when appropriated, for the general purposes of the agency.
(g)  Any person issued a permit or lease under subdivision (a) shall comply with all existing federal, state, and local government laws.

SEC. 2.

 Section 6890.5 is added to the Public Resources Code, to read:

6890.5.
 Notwithstanding any other law, when lands, other than tide and submerged lands, are owned by another state agency, the commission, when issuing permits and leases for the exploration, extraction, and removal of minerals, other than oil and gas or other hydrocarbon substances and geothermal resources, may agree that the state agency owning the land will receive additional lands or in-kind payments, the value of which shall be deducted from the money royalty, including land rental payments, or a percentage of the net profits from mineral extraction.