Section § 10330

Explanation

This law states that the Wildlife Conservation Board is in charge of overseeing the state's efforts to protect rangeland, grazing land, and grassland.

The Wildlife Conservation Board is hereby designated as the lead agency of the state for carrying out the program of rangeland, grazing land, and grassland protection pursuant to this division.

Section § 10331

Explanation

The California Rangeland, Grazing Land, and Grassland Protection Program aims to safeguard these lands through conservation easements. It seeks to stop their transformation into non-farming uses, sustain livestock grazing, and maintain environmental benefits like wildlife habitats, water quality, and open spaces.

The California Rangeland, Grazing Land, and Grassland Protection Program is hereby established to protect California’s rangeland, grazing land, and grasslands through the use of conservation easements, for the following purposes:
(a)CA Public Resources Code § 10331(a) To prevent the conversion of rangeland, grazing land, and grassland to nonagricultural uses.
(b)CA Public Resources Code § 10331(b) To protect the long-term sustainability of livestock grazing.
(c)CA Public Resources Code § 10331(c) To ensure continued wildlife, water quality, watershed, and open-space benefits to the State of California from livestock grazing.

Section § 10332

Explanation

This law section defines several key terms used in the context of wildlife conservation. It establishes that the "Board" refers to the Wildlife Conservation Board. "Conservation easement" is defined as a permanent arrangement to protect land integrity, as per the Civil Code. "Local public agency" includes various local government entities and authorities associated with resource conservation. "Nonprofit organization" denotes tax-exempt nonprofits focused on conserving land and water. "Property" refers to real estate interests, including lands and conservation easements. "Qualified property" covers certain types of land like rangeland that support wildlife habitats or are suitable for grazing. Finally, "State agency" refers to any government entity within the Resources Agency.

As used in this division, the following terms have the following meanings:
(a)CA Public Resources Code § 10332(a) “Board” means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 20 of the Fish and Game Code.
(b)CA Public Resources Code § 10332(b) “Conservation easement” means a conservation easement, as defined by Section 815.1 of the Civil Code, that is perpetual.
(c)CA Public Resources Code § 10332(c) “Local public agency” means any city, county, city and county, resource conservation district, district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5, authority formed pursuant to Division 26 (commencing with Section 35100), or joint powers authority made up of two or more local public agencies and one or more state agencies.
(d)CA Public Resources Code § 10332(d) “Nonprofit organization” means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of Title 26 of the Internal Revenue Code as a tax-exempt corporation that has as a principal purpose the conservation of land and water resources.
(e)CA Public Resources Code § 10332(e) “Property” means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights.
(f)CA Public Resources Code § 10332(f) “Qualified property” means property that is rangeland, grazing land, or grassland and is used or is suitable for grazing; is zoned for agricultural grazing, or open-space use; and is used or suitable for habitat for aquatic or terrestrial wildlife species or native plants.
(g)CA Public Resources Code § 10332(g) “State agency” means any public entity created by statute within the Resources Agency.

Section § 10334

Explanation

This law allows the board to spend money to buy conservation easements for qualified properties. Conservation easements are agreements that restrict the use of land to protect its conservation values. The board can also grant funds to state and local public agencies or nonprofits to help them acquire these easements.

Funds may be expended by the board for the acquisition of conservation easements over qualified property pursuant to the authority granted to the board under Section 1348 of the Fish and Game Code. The board may also make grants of funds to a state agency, local public agency, or nonprofit organization for the acquisition of conservation easements over qualified property.

Section § 10335

Explanation

This law states that funds allocated under this division can only be used to buy conservation easements. These easements are for protecting rangeland, grazing lands, and grasslands, in line with the objectives of certain sections. If buying additional property interests, restrictions, or access rights is needed beyond the easement, the money for these must come from other sources.

Funds expended pursuant to this division may be used only to acquire conservation easements to protect rangeland, grazing lands, and grasslands, consistent with the purposes of Sections 10331 and 10337. If additional property interests, restrictions, enhancements, or access is acquired in addition to a conservation easement, funds for those additional acquisitions shall be provided from other sources.

Section § 10335.5

Explanation

If a project in California is funded by the money from selling bonds, it must meet specific requirements set out in another law (Government Code Section 16727). Additionally, no more than 5% of this bond money can be used for costs related to running the program itself.

(a)CA Public Resources Code § 10335.5(a) Any eligible projects funded under this division with the proceeds from the sale of any bonds shall be consistent with the requirements of Section 16727 of the Government Code.
(b)CA Public Resources Code § 10335.5(b) Of the total amount of funds derived from the proceeds of bonds and appropriated by Section 2 of the act adding this division, the board may not expend more than 5 percent for associated programmatic costs.

Section § 10336

Explanation

This law section allows the board to create guidelines for a program, which includes setting up how and when grant applications need to be submitted. It also mandates that conservation easements are checked at least every two years. Additionally, the usual rules for adopting guidelines do not apply here.

The board may adopt guidelines to implement the program, including the establishment of procedures and a schedule for submittal of applications for grants and a requirement that conservation easements be monitored not less than every two years. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the guidelines adopted pursuant to this section.

Section § 10337

Explanation

A conservation easement can be acquired under this law if it helps protect, restore, or enhance specific land types such as rangeland, grazing land, or grassland, while maintaining the property's character. When considering such a land acquisition, several factors must be evaluated, including the land's productivity, economic viability, development threat, scenic or historic values, water resource presence, ecological vegetation, soil quality, proximity to urban areas, and relationship to other conserved properties.

The statute aims to ensure that land chosen for conservation has significant environmental, scenic, or historic value, and is strategically located to maximize its preservation benefits.

A conservation easement may be acquired pursuant to this division only if its acquisition will protect, restore, or enhance rangeland, grazing land, or grassland and sustain the character of the property. In evaluating qualified property, the board and any recipient of a grant may consider all of the following criteria:
(a)CA Public Resources Code § 10337(a) The productivity or potential productivity of the land.
(b)CA Public Resources Code § 10337(b) The long-term economic viability of the property.
(c)CA Public Resources Code § 10337(c) The threat to the property of urban or intensified rural development.
(d)CA Public Resources Code § 10337(d) The presence of scenic open-space or viewshed, historic, or archeological values, or unique geologic features.
(e)CA Public Resources Code § 10337(e) The presence of water resources, including groundwater recharge.
(f)CA Public Resources Code § 10337(f) The presence of vegetation with ecological significance, such as oak woodlands, forests, riparian corridor, or native vegetation.
(g)CA Public Resources Code § 10337(g) The quality of the soil.
(h)CA Public Resources Code § 10337(h) The location of the property relative to an urban sphere of influence.
(i)CA Public Resources Code § 10337(i) The location of the property relative to other properties preserved by conservation easements.
(j)CA Public Resources Code § 10337(j) Whether protecting this property will assist in protecting other lands.
(k)CA Public Resources Code § 10337(k) The geographic concentration of other rangelands, grazing lands, and grasslands.

Section § 10338

Explanation

This law outlines what must be included in a grant application to purchase a conservation easement on land in California. First, the application must describe the land, its current use, and habitat types, explaining how conserving it helps preserve specific types of land like rangeland. Next, an impartial real estate appraiser's valuation is needed. Also, the seller must confirm they are not fulfilling a legal requirement imposed by public agencies that deal with land use or environmental impacts. Finally, any known environmental issues with the property must be disclosed.

At a minimum, each application for a grant shall contain all of the following:
(a)CA Public Resources Code § 10338(a) A legal description of the property and a description of the current use of the land and the habitat types of the property, including documentation of how acquisition of a conservation easement will preserve rangeland, grazing land, or grassland.
(b)CA Public Resources Code § 10338(b) An independent and impartial appraisal prepared by a real estate appraiser who is licensed pursuant to the Real Estate Appraisers’ Licensing and Certification Law (Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code).
(c)CA Public Resources Code § 10338(c) Certification by the prospective seller of the conservation easement that the seller was not, and is not, required to satisfy a condition imposed upon the seller by any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, the mitigation of significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(d)CA Public Resources Code § 10338(d) Disclosure of any known or suspected environmental conditions associated with the property.

Section § 10339

Explanation

This law allows the board to ask for additional information if they need it to properly assess a proposed acquisition.

The board may require further information as is reasonably necessary to allow the board to evaluate the proposed acquisition.

Section § 10340

Explanation

This law allows the board or someone getting a grant to accept money from a potential seller to cover or pay back the expenses related to buying property. This includes costs for appraisal, escrow, title transfers, and also any environmental assessments connected to the transaction.

The board, or the recipient of a grant, may accept contributions of money from a prospective seller to pay or reimburse the costs of appraisal, escrow, and title, and other transaction costs associated with the acquisition, including any environmental assessment.

Section § 10341

Explanation

The board can ask any state agency that applies for a grant to provide staff services.

The board may request staff services from any state agency that submits an application for a grant.

Section § 10342

Explanation

This law states that any conservation easement, money, or asset obtained under this specific division should not be considered a type of transfer that needs to comply with certain regulations under the Fish and Game Code.

Any conservation easement, money, or other asset acquired pursuant to this division shall not be deemed a transfer pursuant to Article 1 (commencing with Section 2780) of Chapter 9 of Division 3 of the Fish and Game Code.

Section § 10343

Explanation

This law states that it does not grant more power to public agencies to take private property through eminent domain.

It also ensures that existing rights to land or water held by easement holders are not reduced when creating a new conservation easement.

Additionally, if there's an existing mineral rights holder, they must be notified if there's an intention to purchase a conservation easement, and this notice can be given in any legally allowed way.

(a)CA Public Resources Code § 10343(a) Nothing in this division authorizes or increases the authority of any public agency to use eminent domain to acquire private property.
(b)CA Public Resources Code § 10343(b) Nothing in this division diminishes any existing land or water right held by an existing easement holder in any property for which acquisition of a conservation easement is proposed.
(c)CA Public Resources Code § 10343(c)An existing mineral rights holder, as identified in the public records in the county where the property is located, shall be given notice of intent to purchase a conservation easement. The notice may be given by any means authorized by statute.

Section § 10344

Explanation

This law allows the board to work together with the Oak Woodlands Conservation Act, which is part of the Fish and Game Code, to coordinate conservation efforts. This means they can align and integrate the programs to protect oak woodlands more effectively.

The board may coordinate this program with the Oak Woodlands Conservation Act established pursuant to Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code, as administered by the board.