The conservancy’s jurisdiction is limited to the Sierra Nevada Region.
Chapter 3Powers, Duties, and Limitations
Section § 33340
The law states that the conservancy can only operate in the Sierra Nevada Region.
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Section § 33341
This section requires the conservancy to implement projects that support the overall goals of the division across the entire region. It mandates that the funds and efforts be distributed fairly among different subregions and focus areas, considering the varying costs of different projects and areas.
The conservancy shall carry out projects and activities to further the purposes of this division throughout the region. The board shall make every effort to ensure that, over time, conservancy funding and other efforts are spread equitably across each of the various subregions and among the stated goal areas, with adequate allowance for the variability of costs associated with individual regions and types of projects.
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Section § 33342
This law requires that when the conservancy is working on grants or acquiring property, they must work together with the local city or county involved. They also need to align their efforts with other state agencies and the Secretary of the Resources Agency if needed. Additionally, they must coordinate with public water systems that hold or manage relevant facilities or properties when necessary.
In carrying out this division, the conservancy shall cooperate with and consult with the city or county where a grant is proposed or an interest in real property is proposed to be acquired; and shall, as necessary or appropriate, coordinate its efforts with other state agencies, in cooperation with the Secretary of the Resources Agency. The conservancy shall, as necessary and appropriate, cooperate and consult with a public water system that owns or operates facilities, including lands appurtenant thereto, where a grant is proposed or an interest in land is proposed to be acquired.
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Section § 33343
This section outlines how the conservancy can grant or loan funds to public agencies, nonprofits, and tribal organizations to fulfill its division's goals, such as acquiring real estate interests. The funds are given only after an agreement with the conservancy is made. The conservancy may help the recipient carry out the grant's purposes and can require the return of funds under certain conditions, which will then go back to a fund.
When applying for a grant to buy land, applicants must include details on its intended use, management plans, and funding for its ongoing management in their application.
(a)CA Public Resources Code § 33343(a) The conservancy may make grants or loans to public agencies, nonprofit organizations, and tribal organizations in order to carry out the purposes of this division, including grants or loans provided to acquire an interest in real property, including a fee interest in that property. Grant or loan funds shall be disbursed to a recipient entity only after the entity has entered into an agreement with the conservancy, on the terms and conditions specified by the conservancy. After approving a grant, the conservancy may assist the grantee in carrying out the purposes of the grant.
(b)CA Public Resources Code § 33343(b) When awarding grants or making loans pursuant to this division, the conservancy may require repayment of those funds on the terms and conditions it deems appropriate. Proceeds from the repayment or reimbursement of amounts granted or loaned by the conservancy shall be deposited in the fund.
(c)CA Public Resources Code § 33343(c) An entity applying for a grant from the conservancy to acquire an interest in real property shall specify all of the following in the grant application:
(1)CA Public Resources Code § 33343(c)(1) The intended use of the property.
(2)CA Public Resources Code § 33343(c)(2) The manner in which the land will be managed.
(3)CA Public Resources Code § 33343(c)(3) How the cost of ongoing management will be funded.
conservancy grants loans to public agencies nonprofit funding tribal organization support real property acquisition grant agreements land management fund disbursement repayment terms grant application requirements property management funding tribal land acquisition nonprofit real estate public agency land purchase conservancy assistance
Section § 33344
This law details the requirements when a nonprofit organization or tribal organization receives grant money to buy real property, like land. The purchase price must not be more than its fair market value, confirmed by an appraisal that the conservancy approves. The acquisition terms also require the conservancy's approval.
The property bought through the grant can't be used as collateral for a loan unless the conservancy permits it. If the property is sold or transferred, it must have the conservancy's approval and include a new agreement to protect public interests.
The property deed must allow the state to terminate ownership if the nonprofit violates grant conditions. If this happens, ownership can automatically shift to the state or another designated entity. Additionally, if the nonprofit dissolves, the property might go to the state or another public entity, as the conservancy decides.
In the case of a grant of funds to a nonprofit organization or tribal organization to acquire an interest in real property, including, but not limited to, a fee interest, the agreement between the conservancy and the recipient nonprofit organization shall require all of the following:
(a)CA Public Resources Code § 33344(a) The purchase price of an interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the conservancy.
(b)CA Public Resources Code § 33344(b) The terms under which the interest in real property is acquired shall be subject to the conservancy’s approval.
(c)CA Public Resources Code § 33344(c) An interest in real property to be acquired under the grant shall not be used as security for a debt unless the conservancy approves the transaction.
(d)CA Public Resources Code § 33344(d) The transfer of an interest in the real property shall be subject to approval of the conservancy, and a new agreement sufficient to protect the public interest shall be entered into between the conservancy and the transferee.
(e)CA Public Resources Code § 33344(e) A deed or instrument by which the nonprofit organization acquires an interest in real property under the grant shall include a power of termination on the part of the state, subject to the requirements of Chapter 5 (commencing with Section 885.010) of Title 5 of Part 2 of Division 2 of the Civil Code. The deed or instrument shall provide that the state may exercise the power of termination by notice in the event of the nonprofit organization’s violation of the purpose of the grant through breach of a material term or condition thereof, and that, upon recordation of the notice, full title to the interest in real property identified in the notice shall immediately vest in the state, or in another public agency or a nonprofit organization designated by the conservancy to which the state conveys or has conveyed its interest.
(f)CA Public Resources Code § 33344(f) A deed or instrument by which the nonprofit organization acquires an interest in real property under the grant shall provide that the conveyance is subject to a remainder interest vested in the state. If the existence of the nonprofit organization is terminated for any reason, the conservancy may require that the remainder shall become a present interest and that full title to the real property shall vest in the state, or in another public agency or a nonprofit organization designated by the conservancy to which the state conveys or has conveyed its interest.
nonprofit organization tribal organization grant money real property acquisition fair market value conservancy approval collateral for debt property transfer power of termination remainder interest state vested interest public agency violation of grant conditions property deed terms nonprofit dissolution
Section § 33345
This law requires the conservancy to create guidelines for selecting and prioritizing projects and programs. These guidelines should be based on the assessment of the needs and capabilities of the program and should consider existing federal, state, and local plans. Additionally, to develop these guidelines, the conservancy must conduct strategic planning, including meetings and workshops in different subregions, to set specific objectives and priorities tailored to each area. This strategic plan should be updated at least every five years to remain relevant.
The conservancy shall adopt guidelines setting priorities and criteria for projects and programs, based upon its assessment of program requirements, institutional capabilities, and funding needs throughout the region, and federal, state, and local plans, including general plans, recreation plans, urban water management plans, and groundwater management plans. As part of the process of developing guidelines for projects and programs, the conservancy shall undertake and facilitate a strategic program planning process involving meetings and workshops within each of the subregions, with the purpose of formulating strategic program objectives and priorities within that subregion. The strategic program shall be updated regularly, at least once every five years.
conservancy guidelines project prioritization program criteria strategic planning subregion workshops program objectives federal plans state plans local plans general plans recreation plans urban water management groundwater management five-year updates regional assessment
Section § 33345.1
This law establishes the Sierra Nevada Watershed Improvement Program, which is managed by the conservancy. The program's goal is to protect, conserve, and restore the watersheds and community health in the Sierra Nevada region by collaborating with various agencies and stakeholders.
The conservancy can experiment with new funding and planning strategies within certain areas, hoping to eventually apply successful methods across the entire region. The program's activities must be included in the conservancy's annual report, but this law doesn't require additional legislative funding.
(a)CA Public Resources Code § 33345.1(a) The Sierra Nevada Watershed Improvement Program is hereby established, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, in support of the purposes and programs described in Section 33301. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, and local entities and stakeholders.
(b)CA Public Resources Code § 33345.1(b) In implementing the program, notwithstanding Section 33341, the conservancy may test new funding, policy, planning, and implementation approaches with the area covered by an
initiative to test new ways of accomplishing the program objectives and goals described in subdivision (a), with the intent of broadening the scope of the initiative to apply to the entire program area.
(c)CA Public Resources Code § 33345.1(c) The conservancy shall include the activities of the program in its annual report required pursuant to Section 33350.
(d)CA Public Resources Code § 33345.1(d) This section shall not be construed as requiring the Legislature to appropriate additional
funds.
Sierra Nevada Watershed Improvement Program conservancy watershed protection community health collaboration with agencies funding strategies policy innovation planning approaches implementation strategies annual report community resilience watershed restoration state and federal coordination environmental conservation stakeholder engagement
Section § 33346
This law allows the conservancy to use funds and offer grants and loans for projects that support its goals. It also lets the conservancy provide technical help and expertise to public agencies and nonprofits to help them develop and implement projects. If a grant or loan is given to buy real estate, the recipient must manage the property as stated in the grant agreement.
(a)CA Public Resources Code § 33346(a) The conservancy may expend funds and award grants and loans to facilitate collaborative planning efforts and to develop projects and programs that are designed to further the purposes of this division.
(b)CA Public Resources Code § 33346(b) The conservancy may provide and make available technical information, expertise, and other nonfinancial assistance to public agencies, nonprofit organizations, and tribal organizations, to support program and project development and implementation.
(c)CA Public Resources Code § 33346(c) The recipient of a grant or loan provided by the conservancy pursuant to this division for the acquisition of real property shall provide for the management of the real property to be acquired as specified in the grant agreement.
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Section § 33346.5
This law allows the conservancy to apply for and receive grants to support its goals and activities.
The conservancy may apply for and receive grants to carry out the purposes of this division.
conservancy grants receive grants apply for grants conservancy funding support conservancy goals conservancy activities grant applications public funding conservation projects environmental funding conservation activities financial support conservancy purposes division goals restore natural resources
Section § 33347
This law allows the conservancy to acquire interests in real property from willing sellers to fulfill its goals, but it cannot purchase full ownership of any property. If the property's interest value is over $250,000, adjusted for inflation, the acquisition process must comply with specific legal requirements, unless the conservancy seeks approval from the State Public Works Board. Importantly, the conservancy is not allowed to use eminent domain to acquire property.
(a)CA Public Resources Code § 33347(a) The conservancy may acquire from willing sellers or transferors, an interest in any real property, in order to carry out the purposes of this division. However, the conservancy shall not acquire a fee interest in real property by purchase.
(b)CA Public Resources Code § 33347(b) The acquisition of an interest in real property under this section is not subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), unless the value of the interest exceeds two hundred fifty thousand dollars ($250,000) per lot or parcel, as adjusted for annual changes to the Consumer Price Index for the State of California, as calculated by the Department of Finance. However, the conservancy may request the State Public Works Board to review and approve specific acquisitions.
(c)CA Public Resources Code § 33347(c) The conservancy shall not exercise the power of eminent domain.
conservancy real property acquisition willing sellers fee interest Property Acquisition Law eminent domain real estate value State Public Works Board Consumer Price Index Department of Finance interest in property inflation adjustment property transfer public land use land conservation
Section § 33348
This law section allows the conservancy to manage real property that it owns. It can lease, rent, sell, or exchange these properties, or transfer rights connected to them. The transactions must support the conservancy's goals and follow any agreed terms and conditions.
Notwithstanding Section 11005.2 of the Government Code or any other provision of law, the conservancy may lease, rent, sell, exchange, or otherwise transfer, an interest, option, or contractual right in real property, as well as a vested right severable therefrom, that has been acquired under this division, to a person or entity, subject to terms and conditions in furtherance of the conservancy’s purposes.
real property management lease real estate rent property sell property exchange property transfer property rights conservancy purposes contractual rights vesting rights property transaction terms real estate interests property exchange severable rights property division entity transactions
Section § 33349
This law gives the conservancy authority to manage lands it owns or controls, including the ability to make agreements with public agencies or private parties for this purpose. The conservancy can also improve lands to protect the environment or enhance public access and enjoyment. Additionally, it can partner with organizations for building and maintaining facilities on these lands.
(a)CA Public Resources Code § 33349(a) The conservancy shall take whatever actions are reasonably necessary and incidental to the management of lands or interests in lands under its ownership or control, and may initiate, negotiate, and participate in agreements for the management of those lands or interests with public agencies or private individuals or entities.
(b)CA Public Resources Code § 33349(b) The conservancy may improve, restore, or enhance lands for the purpose of protecting the natural environment, improving public enjoyment of or public access to public lands, or to otherwise meet the objectives of this division, and may carry out the planning and design of those improvements or other measures.
(c)CA Public Resources Code § 33349(c) The conservancy may enter into an agreement with a public agency, nonprofit organization, or private entity, for the construction, management, or maintenance of facilities authorized by the conservancy.
conservancy management land agreements natural environment protection public land access land restoration land improvement facility construction management agreements environmental enhancement public enjoyment of lands private entities partnership nonprofit organization agreements land ownership management facility maintenance public agency collaboration
Section § 33350
The conservancy must submit a yearly report detailing their spending, costs for managing land, and administrative expenses to both the Legislature and the Secretary of the Natural Resources Agency. This requirement starts on January 1, 2027.
(a)CA Public Resources Code § 33350(a) The conservancy shall make an annual report to the Legislature and the Secretary of the Natural Resources Agency regarding expenditures, land management costs, and administrative costs.
(b)CA Public Resources Code § 33350(b) This section shall become operative on January 1, 2027.
conservancy report annual report legislature reporting Natural Resources Agency land management costs administrative costs expenditures operates from 2027 environmental expenditures conservancy financial reporting annual reporting requirement
Section § 33351
This section allows the conservancy to use its funds for research and monitoring activities related to developing and carrying out its programs.
The conservancy may expend funds under this division to conduct research and monitoring in connection with development and implementation of the program administered under this division.
conservancy funding research activities program implementation monitoring activities fund expenditure development programs environmental programs conservation research program administration fund allocation natural resource management program oversight environmental monitoring
Section § 33352
This law states that the conservancy in question can receive money and property from various sources, like donations or grants. They are also allowed to acquire real estate and other assets through different legal means. Any money or income they receive must be used according to the rules set out in this division.
(a)CA Public Resources Code § 33352(a) The conservancy may receive gifts, donations, bequests, devises, subventions, grants, rents, royalties, and other assistance and funds from public and private sources.
(b)CA Public Resources Code § 33352(b) Except as provided in Section 33347, the conservancy may receive an interest in real or personal property through transfer, succession, or other mode of acquisition generally recognized by law.
(c)CA Public Resources Code § 33352(c) All funds or income received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division.
conservancy funds public donations private donations real property acquisition personal property acquisition financial assistance gifts grants rents royalties bequests subventions income deposit fund expenditure asset transfer
Section § 33353
This law allows the conservancy to charge fees for services they provide, as long as those services are requested by the person or entity receiving them. The fee cannot be higher than the actual costs of providing the service. Any money collected from these fees must be used for the conservancy's purposes as outlined in this division.
The conservancy may fix and collect a fee for a direct service it renders, provided the service is rendered at the request of the individual or entity receiving the service. The amount of a fee shall not exceed the conservancy’s reasonable costs and expenses of providing the service rendered. All fees received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division.
conservancy fees direct service fees request for service reasonable costs conservancy expenses service rendering fee collection fund deposit expenditure purposes division purposes service request fee limitations cost recovery conservancy fund
Section § 33354
This law states that any money made from leasing, renting, selling, exchanging, or transferring real estate interests must go into a specific fund. The funds can then be used for the division's intended projects or activities.
Proceeds from a lease, rental, sale, exchange, or transfer of an interest or option in real property, and all other income, shall be deposited in the fund for expenditure for the purposes of this division.
real property transaction proceeds lease income rental income sale of real property exchange of property property transfer funding allocation project financing division purposes income deposit real estate options property interest revenue financial management revenue allocation public fund use
Section § 33355
This law establishes the Sierra Nevada Conservancy Fund within the California State Treasury. The money in this fund can only be used for the purposes outlined in this specific division, but only if the Legislature approves it.
The Sierra Nevada Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, only for the purposes of this division.
Sierra Nevada Conservancy State Treasury fund appropriation Legislature approval conservation funding California state funds environmental initiative natural resource management state conservation projects public fund allocation treasury fund use division-specific purposes state legislative process
Section § 33356
This section makes it clear that the conservancy does not have certain powers usually held by cities or counties, such as regulating land use. It also cannot manage activities on land unless it owns the land, has an agreement, or receives permission from the landowner. Additionally, the conservancy does not have authority over water rights that belong to others.
Nothing in this division grants to the conservancy:
(a)CA Public Resources Code § 33356(a) Any of the powers of a city or county to regulate land use.
(b)CA Public Resources Code § 33356(b) Any powers to regulate any activities on land, except as the owner of an interest in the land, or pursuant to an agreement with, or a license or grant of management authority from, the owner of an interest in the land.
(c)CA Public Resources Code § 33356(c) Any powers over water rights held by others.
conservancy powers land use regulation landowner agreement management authority water rights city powers county powers land ownership activity regulation interest in land grant of management license land management regulatory limitations authority over land
