Sierra Nevada ConservancyPowers, Duties, and Limitations
Section § 33340
The law states that the conservancy can only operate in the Sierra Nevada Region.
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.
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.
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.
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.
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.
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.
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.
Section § 33346.5
This law allows the conservancy to apply for and receive grants to support its goals and activities.
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.
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.
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.
Section § 33350
This section requires the conservancy to submit an annual report to the California Legislature and the Secretary of the Natural Resources Agency. The report should cover expenditures, land management, and administrative costs.
For the 2022 report, the conservancy must also suggest changes in its name and board structure to better match its expansion into Shasta, Siskiyou, and Trinity Counties.
This requirement will be repealed on January 1, 2027.
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.
Section § 33351
This section allows the conservancy to use its funds for research and monitoring activities related to developing and carrying out its programs.
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.
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.
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.
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.
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.