This chapter shall be known, and may be cited, as the California Desert Conservation Act.
Chapter 4.4California Desert Conservation Program
Section § 1450
This law is officially called the California Desert Conservation Act.
California Desert Conservation Act desert conservation environmental protection natural resources conservation measures California deserts ecological preservation desert ecosystems wildlife protection sustainable land use
Section § 1451
This law highlights the significance of the California deserts, which include the Mojave and Colorado Deserts, as unique and vital areas for both nature and human activity. It acknowledges these deserts as globally important due to their natural parks, cultural heritage, substantial economic impact, and increasing popularity for recreation.
The deserts also play a crucial role in carbon storage and climate resilience. However, they face threats such as invasive grasses leading to wildfires and water resource challenges that could affect the ecosystems. The law recognizes the deserts' rich biodiversity, including rare plant species and iconic animals like the desert tortoise and western Joshua tree, emphasizing the need for their protection.
The Legislature finds and declares all of the following:
(a)CA Fish and Game Code § 1451(a) The Mojave and Colorado Deserts region in California, hereafter referred to as “the California deserts region,” are globally significant areas, including national parks and preserves, national monuments, wilderness areas, state parks, and the lowest point in the 48 contiguous states, with large, pristine areas that are open for public use.
(b)CA Fish and Game Code § 1451(b) The California deserts region is also the ancestral homeland of numerous tribal communities. The region includes cultural, biological, and historical resources on sacred land that should be protected and preserved.
(c)CA Fish and Game Code § 1451(c) The California deserts region is an important part of the state’s economy, with total direct travel spending in the California deserts region estimated in 2018 at seven billion six hundred million dollars ($7,600,000,000) and by supporting 73,000 jobs. Total government revenue generated by travel in the California deserts region for 2018 was six hundred nine million dollars ($609,000,000).
(d)CA Fish and Game Code § 1451(d) The California deserts region’s popularity among California and international recreationists has more than doubled within the past five years. Visitation to Joshua Tree National Park increased by 112 percent between 2013 and 2018. During the same time period, visits to Death Valley National Park increased by 76 percent and visits to Mojave National Preserve increased by 43 percent.
(e)CA Fish and Game Code § 1451(e) The California deserts region provides world-class opportunities for hiking, camping, sightseeing, rock climbing, rock hounding, off-highway vehicle use, and many other recreational activities.
(f)CA Fish and Game Code § 1451(f) Undisturbed desert lands are known to sequester and store carbon and contribute to climate change resilience.
(g)CA Fish and Game Code § 1451(g) Nonnative, invasive grasses, such as Mediterranean grass and cheatgrass, create continuous fuel beds across desert lands that can spark and support massive wildfires in areas where fire was previously rare.
(h)CA Fish and Game Code § 1451(h) The California deserts region is characterized as having high biological diversity. In the Mojave Desert, there is an approximate total
of 1,500 plant taxa with 210 being endemic to California.
(i)CA Fish and Game Code § 1451(i) The California deserts region is home to iconic species such as the western Joshua tree (Yucca brevifolia), the federally threatened desert tortoise (Gopherus agassizii), and species of special concern such as the desert bighorn sheep (Ovis canadensis nelsoni), which requires wildlife corridors to maintain healthy populations.
(j)CA Fish and Game Code § 1451(j) Water sources within the California deserts region are comprised of both groundwater and surface water that provide critical sustenance for unique and diverse ecosystems. Groundwater elevations should be stable and not overdrafted to maintain the surface flow of springs that support the fragile ecosystems in the region. Proposed groundwater extraction projects have threatened water
supplies in the California deserts region.
Mojave Desert Colorado Desert cultural heritage economic impact recreation invasive grasses wildfires biodiversity Joshua Tree National Park Death Valley National Park wildlife corridors groundwater stability ecosystem protection iconic species climate resilience
Section § 1452
This section defines key terms used in the chapter related to the California Desert Conservation Program. "Board" refers to the Wildlife Conservation Board, while "Department" is the Department of Fish and Wildlife. A "local public agency" can include various governmental entities such as cities or counties. "Nonprofit organization" refers to certain tax-exempt groups focused on environmental preservation. "Program" stands for the California Desert Conservation Program. The "Region" includes certain areas of the Mojave and Colorado Deserts. Lastly, a "Tribe" includes federally or non-federally recognized Native American tribes in California.
As used in this chapter, unless the context requires otherwise, the following definitions apply:
(a)CA Fish and Game Code § 1452(a) “Board” means the Wildlife Conservation Board.
(b)CA Fish and Game Code § 1452(b) “Department” means the Department of Fish and Wildlife.
(c)CA Fish and Game Code § 1452(c) “Local public agency” includes, but is not limited to, a city, county, city and county, association of governments, or joint powers authority.
(d)CA Fish and Game Code § 1452(d) “Nonprofit organization” means any private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal
Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic, or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat.
(e)CA Fish and Game Code § 1452(e) “Program” means the California Desert Conservation Program.
(f)CA Fish and Game Code § 1452(f) “Region” or “California deserts region” includes the portions of the Mojave and Colorado Deserts, across 26,000,000 acres of southeastern California lying within the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego that is within the California Desert Conservation Area as that area was delineated in the map and legal description of the California Desert
Conservation Area prepared by the United States Secretary of the Interior pursuant to Section 1781(c) of Title 43 of the United States Code, as that map and legal description was in effect on December 31, 2020, and the portions of the Bureau of Land Management’s Bakersfield and Bishop Resource Management Plans, as amended by the Record of Decision, dated September 14, 2016, of the Desert Renewable Energy Conservation Plan Land Use Plan Amendment. The Coachella Valley Mountains Conservancy area, as described in Section 33502 of the Public Resources Code, shall be excluded from, and is not part of, the California deserts region.
(g)CA Fish and Game Code § 1452(g) “Tribe” means any federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage
Commission.
Wildlife Conservation Board Department of Fish and Wildlife local public agency nonprofit organization California Desert Conservation Program Mojave Desert Colorado Desert Imperial County Inyo County Kern County Los Angeles County Mono County Riverside County San Bernardino County San Diego County California Desert Conservation Area Desert Renewable Energy Conservation Plan Native American tribe
Section § 1453
This law requires the board to run a program focused on protecting and enhancing natural resources in a region. The program aims to preserve land and biodiversity, help recover endangered species, and make the area more resilient to climate change. It focuses on reducing disaster risks, managing invasive species, improving habitat and soil conditions, and enhancing air and water quality. The law also emphasizes expanding public access and educational opportunities related to public lands, especially for communities that currently have limited access.
The board shall establish and administer, through the department, the program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to do all of the following:
(a)CA Fish and Game Code § 1453(a) Protect, preserve, and restore the region’s natural, cultural, and physical resources through the acquisition, restoration, and management of lands.
(b)CA Fish and Game Code § 1453(b) Promote the protection and restoration of the biological diversity of the region, including the recovery of threatened and endangered species.
(c)CA Fish and Game Code § 1453(c) Provide for resilience within the region to
climate change, including, but not limited to, reducing the risk of natural disasters such as wildfires, controlling invasive species, protecting and improving habitat connectivity, and protecting soil carbon stores by limiting ground disturbance.
(d)CA Fish and Game Code § 1453(d) Protect and improve air quality and water resources within the region.
(e)CA Fish and Game Code § 1453(e) Undertake efforts to enhance public use and enjoyment of lands owned by the public, with an emphasis on expanding opportunities for education and access to public lands for communities that currently lack access.
natural resources protection biodiversity restoration endangered species recovery climate change resilience natural disaster risk reduction wildfire risk invasive species control habitat connectivity soil carbon protection air and water quality improvement public land access educational opportunities community access to public lands public use of lands
Section § 1454
This law section allows the board to approve projects aimed at acquiring, preserving, restoring, and enhancing desert habitats in the California deserts region. These projects must align with conservation strategies approved by the relevant department. Additionally, the board must coordinate its efforts with other resource protection activities both within the board and with other state agencies.
The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance desert habitat within the California deserts region consistent with the conservation strategies approved by the department and coordinate its activities undertaken pursuant to the program with other resource protection activities of the board and other state agencies.
desert habitat conservation project approval habitat restoration California deserts region conservation strategies resource protection state agency coordination preservation projects environmental enhancement habitat acquisition
Section § 1455
This law section emphasizes that protecting and restoring desert habitats is a top priority for the board, the department, and all state agencies involved in activities that affect these areas.
The preservation and restoration of desert habitat shall be a primary concern of the board and the department, and of all state agencies whose activities impact desert
habitat.
desert habitat preservation restoration state agencies environmental impact wildlife protection ecological conservation sustainable practices board responsibility department duty habitat management ecological restoration biodiversity natural resources
Section § 1456
This law allows a board to empower a department to take specific actions to achieve the goals of a chapter. They can obtain interests in real estate and water rights by various means, like buying or leasing. The department can also work with state programs managing surplus property sales. Additionally, it can provide grants to local entities, state bodies, tribes, and nonprofits. Lastly, it can use certain powers to preserve and enhance desert habitats as described in other sections.
In order to accomplish the purposes of this chapter, the board may authorize the department to do all of the following:
(a)CA Fish and Game Code § 1456(a) Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property.
(b)CA Fish and Game Code § 1456(b) Coordinate its activities under the program with any governmental program for surplus real property sales in the state.
(c)CA Fish and Game Code § 1456(c) Award grants to local public agencies, state agencies, tribes, and nonprofit organizations for the purposes of the
program.
(d)CA Fish and Game Code § 1456(d) Exercise any authority and comply with the requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance desert habitat for purposes of this chapter.
real property acquisition water rights property lease easement exchange development rights surplus property coordination grant awards local public agencies state agencies tribes nonprofit organizations desert habitat preservation Section 1348 Section 1350 environmental enhancement
Section § 1457
This law outlines the conditions under which nonprofit organizations can receive grants to buy real estate. It specifies that the property can't be purchased for more than its fair market value. The board has to approve any property purchase, the terms of acquisition, and any use of the property as loan collateral. Additionally, the board must approve any transfer of the property. The state keeps rights over the property if grant conditions are violated and can claim ownership if the nonprofit dissolves, unless another approved nonprofit or public agency takes over ownership and records it properly.
Grants to nonprofit organizations, pursuant to Section 1390, for the acquisition of real property or interests therein shall be subject to all of the following conditions:
(a)CA Fish and Game Code § 1457(a) The purchase price of any interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the board.
(b)CA Fish and Game Code § 1457(b) The board approves the terms under which the interest in real property is acquired.
(c)CA Fish and Game Code § 1457(c) The interest in real property acquired pursuant to a grant from the board shall not be used as security for any debt to be incurred
by the nonprofit organization unless the board approves the transaction.
(d)CA Fish and Game Code § 1457(d) The transfer of real property acquired pursuant to a grant shall be subject to the approval of the board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the state.
(e)CA Fish and Game Code § 1457(e) The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.
(f)CA Fish and Game Code § 1457(f) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, before that
termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state.
nonprofit real estate grants fair market value real property acquisition board approval property as loan collateral state right of entry grant conditions nonprofit dissolution state ownership claim property transfer approval real property interest grant agreement terms vesting in state public agency transfer recording of title acceptance
Section § 1458
The California Desert Conservation Program Fund Account is a special fund set up by the state for conservation efforts in the California desert. Managed by the board, the money in this account can be spent on conservation activities after being approved by the Legislature.
The account can be funded through various sources such as gifts, donations, legislative appropriations, and federal grants. The money is primarily used to carry out the conservation program, including covering administrative expenses.
(a)CA Fish and Game Code § 1458(a) The California Desert Conservation Program Fund Account is hereby created in the State Treasury. The account shall be administered by the board. Moneys in the account may be expended, upon appropriation by the Legislature, for the purposes of this chapter.
(b)CA Fish and Game Code § 1458(b) Moneys may be deposited into the account from gifts, donations, funds appropriated by the Legislature for the purposes of this chapter, federal grants, and other sources. Moneys in the account shall be used for the purpose of implementing this chapter, including administrative costs.
California Desert Conservation Program funding sources State Treasury Legislative appropriation federal grants gifts and donations conservation efforts administrative costs board administration fund management
