CHAPTER 2. California Forest Legacy Program [12240 - 12249.6]
( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The California Forest Legacy Program is hereby established. The Wildlife Conservation Board may acquire conservation easements on behalf of the department, pursuant to this division. The California Forest Legacy Program may also include those activities eligible for funding under the federal Forest Legacy Program (16 U.S.C. Sec. 2103c), and the state program
shall be coordinated with the federal program to the maximum amount possible.
(Amended by Stats. 2012, Ch. 252, Sec. 2. (AB 2169) Effective January 1, 2013.)
Money to fund the California Forest Legacy Program shall be obtained from gifts, donations, federal grants and loans, other appropriate funding sources, and through the allocations for the California Wildlife Conservation Board, including those provided from the sale of general obligation bonds pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001)) and made available by the board pursuant to subdivision (a) of Section 75055 and pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section 5096.300) of Division 5) and made available for appropriation pursuant to paragraph (4) of subdivision (a) of Section 5096.350.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
The implementation of the program includes the costs associated with the purchase or facilitated donation of conservation easements, technical assistance provided by the department, technology transfer activities of the department, and administrative costs incurred by the department in administering the program.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
Easements acquired under this program may be held by federal, state, or local government entities or by nonprofit land trust organizations. The director shall find that any recipient of a conservation easement is qualified to monitor and enforce the terms of the easement.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
The director shall not disburse any funds until the applicant agrees to both of the following:
(a) That any conservation easement acquired shall be used by the applicant only for the purpose for which the funds were requested.
(b) That the director shall find that any disposition of the easement is consistent with, and in furtherance of, the purposes of this division, that the recipient of the easement is qualified to monitor and enforce the easement, and that the conservation provisions of the easement remain in effect following the transfer.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
If a local, state, or national government agency or nonprofit land trust organization holding the easement is dissolved, the easement shall be transferred to an appropriate public or nonprofit land trust organization that is qualified to monitor and enforce the easement.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
The easement, or any of its terms, may only be amended with the consent of all of the necessary parties to the easement. The department shall determine that the amendment is consistent with this division.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
The director shall not disburse any funds unless the applicant agrees to restrict the use of the land in perpetuity.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
The board shall adopt rules and regulations for the implementation of this division, including the standards, criteria, and requirements necessary for acquiring conservation easements.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
Rules or regulations adopted by the board pursuant to Section 12249 shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
The department shall review, and approve or disapprove, applications from landowners for the acquisition of conservation easements on forest lands or woodlands.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)