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AB-3160 Federal public lands: conveyances: defense base closure and realignment.(2017-2018)

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Date Published: 04/19/2018 04:00 AM
AB3160:v97#DOCUMENT

Amended  IN  Assembly  April 18, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3160


Introduced by Assembly Member Grayson

February 16, 2018


An act to amend Section 8561 8560 of the Public Resources Code, relating to public lands.


LEGISLATIVE COUNSEL'S DIGEST


AB 3160, as amended, Grayson. Federal public lands: conveyances: defense base closure and realignment.
Existing law generally establishes a policy of the state to discourage conveyances of federal public lands in California from the federal government. Existing law specifies that these conveyances are void ab initio unless the State Lands Commission was provided with the right of first refusal or the right to arrange for the transfer of the federal public land to another entity. Existing law exempts the sale of real property acquired by a federal agency through a foreclosure proceeding from these provisions. Under existing law, if the commission was provided with the right of first refusal or the right to arrange for the transfer of the federal public lands to another entity, the commission is required to issue a certificate affirming certain compliance before the conveyance of federal public lands in California.
This bill would authorize the executive officer of the commission to issue these certifications of compliance.
Existing law requires the commission to waive its right of first refusal or the right to arrange for the transfer of the federal public lands to another entity, and issue a certification of compliance affirming compliance, for prescribed conveyances or lease renewals.
This bill would additionally exempt from these provisions the sale or lease require the commission to waive these rights and issue a certification of compliance for the conveyance of surplus or excess real property that is authorized for disposal or realignment by the federal government during the base realignment and closure process, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 8560 of the Public Resources Code is amended to read:

8560.
 (a) For purposes of this chapter, the following terms apply:
(1) “Conservation plan” means a habitat conservation plan developed pursuant to Section 10 of the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1539) and its implementing regulations, as the federal act and regulations exist as of January 1, 2016, and an approved natural communities conservation plan developed pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code).
(2) “Conveyance” includes any method, including sale, donation, or exchange, by which all or a portion of the right, title, and interest of the United States in and to federal lands located in California is transferred to another entity.
(3) “Federal public land” means any land owned by the United States, including the surface estate, the subsurface estate, or any improvements on those estates.
(4) “Infrastructure” means any development or construction that is not on or appurtenant to the federal public land at the time of transfer.
(b) (1) Except as provided in Chapter 6 (commencing with Section 6441) of Part 1, it is the policy of the State of California to discourage conveyances that transfer ownership of federal public lands in California from the federal government.
(2) (A) Except as provided in this chapter, conveyances of federal public lands in California are void ab initio unless the commission was provided with the right of first refusal to the conveyance or the right to arrange for the transfer of the federal public land to another entity.
(B) The commission may seek declaratory and injunctive relief from a court of competent jurisdiction to contest conveyances made to any entity unless the requirements of this paragraph are met.
(C) The commission shall formally consider its right of first refusal or arrange for the transfer of federal public lands to a third party at a public hearing.
(D) (i) Prior to the conveyance of federal public lands in California, if the commission was provided with the right of first refusal or the right to arrange for the transfer of the federal public lands to another entity, the commission shall issue a certificate affirming compliance with this section.
(ii) The commission shall waive its right of first refusal or the right to arrange for the transfer of the federal public lands to another entity, and issue a certification of compliance affirming compliance with this section for a conveyance that is deemed by the commission to be routine. A conveyance deemed by the commission to be routine includes, but is not limited to, the exchange of lands of equal value between the federal government and a private entity. The commission may adopt regulations to establish a process and criteria for determining the types of conveyances it considers to be routine.
(iii) The executive officer of the commission shall have authority to issue certifications of compliance for conveyances made in compliance with this section.
(E) The commission, the Wildlife Conservation Board, and the Department of Fish and Wildlife shall enter into a memorandum of understanding that establishes a state policy that all three agencies shall undertake all feasible efforts to protect against any future unauthorized conveyance or any change in federal public land designation, including, but not limited to, any change in use, classification, or legal status of any lands designated as federal monuments pursuant to the federal Antiquities Act of 1906 (Public Law 59-209).
(c) The state shall not be responsible for any costs associated with conveyed federal public land that the commission did not accept, purchase, or arrange for the transfer of, pursuant to this section. Costs include, but are not limited to, management costs and infrastructure development costs.
(d) The commission may establish, through regulations or another appropriate method, a process for engaging with federal land managers and potential purchasers of federal public lands early in the conveyance process.
(e) The commission shall ensure, for any conveyed federal public land the commission accepts, purchases, or arranges for the transfer of, that future management of the conveyed federal public land is determined in a public process that gives consideration of past recognized and legal uses of those lands. At a minimum, the public process required by this subdivision shall include a noticed and open meeting as required by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Division 3 of Title 2 of the Government Code).
(f) The commission shall waive its right of first refusal or the right to arrange for the transfer of the federal public lands to another entity, and issue a certification of compliance affirming compliance with this section for any of the following:
(1) The conveyance of federal public lands pursuant to a conservation plan.
(2) The renewal of a lease in existence as of January 1, 2017.
(3) The conveyance of federal public lands to a federally recognized Native American tribe or lands taken into or out of trust for a Native American tribe or individual Native American.
(4) The conveyance of surplus or excess real property that is authorized for disposal or realignment by the federal government during the base realignment and closure process pursuant to the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), as amended, and its implementing regulations.
(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 1.Section 8561 of the Public Resources Code is amended to read:
8561.

This chapter does not apply to either of the following:

(a)The sale of real property acquired by a federal agency through a foreclosure proceeding.

(b)The sale or lease of surplus or excess real property that is authorized for disposal or realignment by the federal government during the base realignment and closure process pursuant to the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), as amended, and its implementing regulations.