Sierra Nevada-cascade Conservation Grant Program - - CA Public Resources

Section § 5819

This section defines key terms used in the chapter related to property acquisition and environmental programs in the Sierra Nevada-Cascade region. 'Acquisition' involves obtaining ownership or interests in real property, like easements or water rights. 'Development' refers to activities like improving or preserving property. 'Interpretation' means efforts to educate people about the importance of natural and cultural resources. A 'nonprofit organization' is defined as one with tax-exempt status under federal tax law. The 'program' is specifically the Sierra Nevada-Cascade Conservation Grant Program, and 'Secretary' refers to the head of the Resources Agency. Lastly, the 'region' pertains to the area defined in another legal section.

Unless the context requires otherwise, the following definitions govern this chapter:

(a) “Acquisition” means obtaining fee title or a lesser interest in real property, including an easement, development right, or water right.

(b) “Development” includes, but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation.

(c) “Interpretation” includes, but is not limited to, visitor serving amenities that communicate the significance and value of natural, historical, and cultural resources in a manner that increases understanding of those resources.

(d) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under paragraph (3) of subsection (c) Section 501 of Title 26 of the United States Code.

(e) “Program” means the Sierra Nevada-Cascade Conservation Grant Program established pursuant to this chapter.

(f) “Secretary” means the Secretary of the Resources Agency.

(g) “Sierra Nevada-Cascade Mountain Region” or “region” has the meaning set forth in subdivision (e) of Section 5096.347.

acquisition real property interest easement development rights water rights environmental development resource enhancement historical resource interpretation cultural resource education nonprofit tax-exempt Sierra Nevada-Cascade region Conservation Grant Program Resources Agency Secretary natural resource preservation property rehabilitation

(Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)

Section § 5819.1

This law sets up the Sierra Nevada-Cascade Conservation Grant Program within the Resources Agency. The program is managed by the secretary and specifically focuses on the Sierra Nevada-Cascade Mountain Region.

(a) This chapter establishes the Sierra Nevada-Cascade Conservation Grant Program in the Resources Agency.

(b) The secretary shall administer the program.

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(Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)

Section § 5819.2

This California statute outlines a program managed by the secretary aimed at fostering regional growth through collaboration with local entities.

The program focuses on expanding tourism and recreational opportunities, protecting water quality, reducing natural disaster risks like fires, and conserving and restoring the region's cultural and historical resources.

It also aims to bolster the regional economy, prioritize funding for key projects, enhance public enjoyment of government-owned lands, support environmental preservation alongside economic development, maintain working landscapes, and back local plans for habitat and community conservation.

(a) The secretary shall administer the program consistent with authorized funding, and collaborate and cooperate with local governments and interested parties.

(b) The purposes of the program include all of the following:

(1) Providing increased opportunities for tourism and recreation in the region.

(2) Protecting water quality in the region from degradation.

(3) Reducing the risk of natural disasters, such as fire, in the region.

(4) Protecting, conserving, and restoring the region’s physical, cultural, archaeological, and historical resources.

(5) Assisting the region’s economy, including providing increased economic opportunities.

(6) Identifying the highest priority projects and initiatives in the region for which funding is needed.

(7) Enhancing public use and enjoyment of land in the region that is owned by the state or a local government.

(8) Supporting efforts that advance, in a complementary manner, environmental preservation of the region and the economic well-being of the region’s residents.

(9) Helping to preserve working landscapes in the region.

(10) Supporting local government efforts to develop and implement open space and habitat protection plans, including natural community conservation plans, in the region.

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(Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)

Section § 5819.3

This law allows the secretary to conduct projects and activities that support the goals outlined in a previous section, including offering grants and loans to public agencies and nonprofit organizations. These financial aids are for projects like acquiring, restoring, or developing land.

These activities need to comply with funding source restrictions. Furthermore, when handling these projects, the secretary must work together with the local city or county where the land or project is located.

(a) The secretary may undertake projects and activities to further the purposes identified in Section 5819.2. Those projects and activities may include providing grants and loans to public agencies and nonprofit organizations for acquisition, restoration, development, and other activities and projects, that are necessary to meet the purposes identified in Section 5819.2. The projects and activities undertaken by the secretary, including the providing of grants and loans, shall be consistent with any restrictions related to the source of moneys that are used to fund those activities and projects.

(b) In administering this chapter, the secretary shall collaborate and cooperate with the city or county in which a grant is proposed to be used or an interest in land is proposed to be acquired.

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(Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)

Section § 5819.4

This law allows the secretary to give grants to local public agencies, water districts, and nonprofits for buying specific types of land or water rights under certain conditions. The aim is to protect or improve water quality and habitat in the region.

Grants can be used to buy farmland or forests to prevent them from being developed in ways that harm water quality. They can also be used to buy land near rivers and lakes to protect these water resources, or to acquire water rights for preserving water flow and quality. Additionally, funds can be used to acquire land that helps counteract harmful management practices affecting water quality.

To implement Section 79544 of the Water Code, the secretary may provide grants to local public agencies, local water districts, and nonprofit organizations, for acquisition in the region pursuant to this chapter and consistent with Section 79544 of the Water Code, only for the following purposes:

(a) Acquiring agricultural, forest, or grazing land, or other working landscapes, to prevent conversion of that land to uses that could decrease water quality in the region and degrade habitat values, or to convert that land to uses that could improve water quality in the region and habitat.

(b) Acquiring land adjacent to or affecting rivers, streams, lakes, or wetlands, that, if not protected, could lead to a decrease in water quality in the region.

(c) Purchasing water rights that will protect both water quality and in stream flow, in the region, for resource protection.

(d) Acquiring land that mitigates or prevents current or anticipated management practices that contribute to water quality degradation in the region.

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(Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)

Section § 5819.5

If you're applying for a grant to acquire land or water resources, you need to submit a plan for how you'll manage that land or water long-term. Include who will own it, which could be a state or federal agency, and who will be in charge of keeping its water quality in good shape.

The secretary shall require an applicant for a grant for land or water resource acquisition to include in the grant application a proposal for the long-term management of the resource that the applicant proposes to acquire. The applicant shall identify the entity that will hold title to the resource, including any state or federal agency to which title may be transferred after acquisition, and the entity that will be responsible for managing and protecting the water quality value of the resource.

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(Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)

Section § 5819.6

This law states that any purchase or acquisition made under the rules of this chapter must be from someone who voluntarily agrees to sell, meaning the seller must be willing.

An acquisition made pursuant to this chapter shall be from a willing seller.

acquisition willing seller voluntary sale purchase agreement seller consent property acquisition willingness non-coercive transaction seller's agreement voluntary transaction

(Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)

Section § 5819.7

Any rules or guidelines that the secretary creates to put this chapter into action do not have to follow the usual rule-making process outlined in the Government Code. This means they can be implemented more quickly and with fewer procedural steps.

All regulations, criteria, and procedural guides that the secretary adopts to implement this chapter are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

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(Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)

Section § 5819.8

This law section expresses the California Legislature's plan to ensure a smooth transition from the existing program under the Resources Agency to a new program called the Sierra Nevada Conservancy.

It is the intent of the Legislature to provide in any legislation that establishes a Sierra Nevada Conservancy an appropriate transition from the program established by this chapter within the Resources Agency to the new conservancy.

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(Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)