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.
Chapter 2California Forest Legacy Program
Section § 12240
The California Forest Legacy Program is set up to help protect forests. This involves the Wildlife Conservation Board being able to buy conservation easements, which are agreements to limit land use to conservation purposes. The state's program is aligned with the federal Forest Legacy Program, seeking to work together as closely as possible.
California Forest Legacy Program Wildlife Conservation Board conservation easements forest protection land conservation federal Forest Legacy Program state-federal coordination forest conservation activities wildlife habitat preservation environmental easements forestland preservation state conservation efforts Forestry management ecosystem preservation federal collaboration
Section § 12241
This law outlines the funding sources for the California Forest Legacy Program. The money can come from gifts, donations, federal grants and loans, and other suitable funding sources. Additionally, funds are allocated from the California Wildlife Conservation Board through the sale of general obligation bonds from specific bond acts like the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 and the Villaraigosa-Keeley Act of 2000.
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.
California Forest Legacy Program funding gifts and donations federal grants loans California Wildlife Conservation Board general obligation bonds Safe Drinking Water Bond Act 2006 Flood Control funding River and Coastal Protection funding Villaraigosa-Keeley Act 2000 appropriation bond sales natural resource conservation wildlife conservation funding environmental protection funding
Section § 12242
This law section explains that the program involves expenses for buying or getting donations of conservation easements. It also covers costs for technical help and technology-sharing activities from the department, along with the department's administrative costs to manage the program.
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.
conservation easements purchase costs donation facilitation technical assistance technology transfer administrative costs program implementation department activities cost management environmental conservation easement funding program administration department expenses support services financial management in conservation
Section § 12244
This law allows federal, state, or local government entities, as well as nonprofit land trusts, to hold conservation easements. The director must ensure that whoever receives an easement can properly oversee and enforce its terms.
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.
conservation easements federal government state government local government nonprofit land trusts easement holder qualifications monitoring easements enforcing easements property rights land conservation environmental protection director's approval land use control natural resource management legal oversight
Section § 12245
The director can't give out funds until the applicant agrees to two things:
First, that any conservation easement bought with the funds will only be used for the intended purpose. Second, the easement's transfer must align with the division's goals, the new holder can properly manage and enforce it, and the conservation rules remain active after it's transferred.
The director shall not disburse any funds until the applicant agrees to both of the following:
(a)CA Public Resources Code § 12245(a) That any conservation easement acquired shall be used by the applicant only for the purpose for which the funds were requested.
(b)CA Public Resources Code § 12245(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.
conservation easement fund disbursement agreement easement purpose easement transfer easement monitoring easement enforcement easement recipient qualification conservation provisions easement disposition funding requirements applicant agreement transfer of easement
Section § 12246
If an agency or nonprofit organization that holds a land easement is dissolved, the responsibility for the easement must be transferred to another suitable public agency or nonprofit. This new holder should be able to manage and enforce the easement correctly.
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.
easement transfer nonprofit land trust government agency dissolution land easement management public land trust easement enforcement nonprofit dissolution easement holder land conservation easement monitoring land trust organization qualified land organization public land management land use regulation easement administration
Section § 12247
Changing an easement or its terms requires agreement from all parties involved. The department must ensure the change still complies with this division's rules.
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.
easement amendment consent requirement necessary parties department approval amendment consistency easement terms parties to easement change compliance department determination division rules
Section § 12248
This law says that no funds will be given out unless the person receiving them agrees to permanently limit how the land can be used.
The director shall not disburse any funds unless the applicant agrees to restrict the use of the land in perpetuity.
fund disbursement land use restriction perpetuity agreement applicant agreement land conservation permanent land limit land usage limitations fund allocation conditions use restrictions permanent restrictions applicant requirements land contract terms disbursement conditions funds distribution rules
Section § 12249
This law states that the board is responsible for creating rules and guidelines to enforce this section, which includes setting the standards and requirements for getting conservation easements. These easements help to protect land for environmental conservation purposes.
The board shall adopt rules and regulations for the implementation of this division, including the standards, criteria, and requirements necessary for acquiring conservation easements.
conservation easements implementation rules standards and criteria environmental protection land conservation acquisition requirements board regulations public resources easement guidelines environmental conservation regulatory standards land protection natural resource management conservation standards board authority
Section § 12249.5
This law section explains that any rules or regulations created by the board, as mentioned in Section 12249, must follow the steps outlined in the Administrative Procedure Act. This Act details the official process for creating and adopting regulations in California.
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).
board regulations Administrative Procedure Act rule adoption official process California government procedures Section 12249 compliance regulatory process government code administrative rules public participation regulation drafting state board legal procedure California administrative rules policy development process
Section § 12249.6
The department is responsible for reviewing and deciding whether to approve or reject applications from landowners who want to establish conservation easements on their forest lands or woodlands.
The department shall review, and approve or disapprove, applications from landowners for the acquisition of conservation easements on forest lands or woodlands.
conservation easements forest lands woodlands landowner applications department review land conservation easement approval easement disapproval conservation agreements woodland preservation forest management
