Fish and Game Code - Chapter 4.3 of Division 2; Inland Wetlands Conservation Program (secs. 1400 - 1431)

FISH AND GAME CODE - FGC DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1940] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. ) 1400. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1401. “Fund” means the Inland Wetlands Conservation Fund, created in the Wildlife Restoration Fund by Section 1430. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1402. “Board” means the Wildlife Conservation Board created by Section 1320. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1403. “Inland areas” means the entire area of California except lands under the jurisdiction of the State Coastal Conservancy, lands within the Santa Monica Mountains Zone, as defined in Section 33105 of the Public Resources Code, and lands under the jurisdiction of the California Tahoe Conservancy Agency in the Lake Tahoe region, as defined in Section 66905.5 of the Government Code. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1404. “Program” means the Inland Wetlands Conservation Program, as provided in this chapter. (Added by Stats. 1990, Ch. 1645, Sec. 2.) javascript:submitCodesValues('1400.','4.7.1','1990','1645','2',%20'id 6b15dd03-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1401.','4.7.1','1990','1645','2',%20'id 6b15dd05-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1402.','4.7.1','1990','1645','2',%20'id 6b1f04c7-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1403.','4.7.1','1990','1645','2',%20'id 6b1f04c9-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1404.','4.7.1','1990','1645','2',%20'id 6b1f04cb-291f-11d9-b345-da121e20f3eb') 1405. “Nonprofit organization” means an organization described in subsection (c) of Section 501 of the Internal Revenue Code of the United States (26 U.S.C. 501(c)). (Added by Stats. 1990, Ch. 1645, Sec. 2.) ARTICLE 2. The Inland Wetlands Conservation Program [1410 - 1422] ( Article 2 added by Stats. 1990, Ch. 1645, Sec. 2. ) 1410. The Inland Wetlands Conservation Program is hereby created in the board. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1411. (a) The Inland Wetlands Conservation Program is the program designated for use of the funds allocated pursuant to subdivision (f) of Section 2791, as enacted by the California Wildlife Protection Act of 1990. The board shall administer the program. (b) The board is the agency designated for receipt of the funds allocated pursuant to subdivision (f) of Section 2791, as enacted by the California Wildlife Protection Act of 1990. (c) The purpose and goal of the program is to carry out the programs of the Central Valley Habitat Joint Venture. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1412. The board may apply for and accept federal grants and receive gifts, donations, subventions, rent, royalties, and other financial support from public and private sources for the purposes of the program. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1413. The board may acquire or accept the gift or dedication of fee title, easements, leases, development rights, or other interests in lands in inland areas necessary to carry out the purposes of this chapter. (Added by Stats. 1990, Ch. 1645, Sec. 2.) javascript:submitCodesValues('1405.','4.7.1','1990','1645','2',%20'id 6b1f04cd-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1410.','4.7.2','1990','1645','2',%20'id 6b208b71-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1411.','4.7.2','1990','1645','2',%20'id 6b208b73-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1412.','4.7.2','1990','1645','2',%20'id 6b208b75-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1413.','4.7.2','1990','1645','2',%20'id 6b208b77-291f-11d9-b345-da121e20f3eb') 1414. The board shall coordinate its activities in the program with federal surplus land sales in inland areas. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1415. (a) Notwithstanding any other provision of law, the board may lease, rent, sell, exchange, or otherwise transfer any land, interest in land, or option acquired pursuant to this chapter for the purposes of carrying out the program. (b) The proceeds from any lease, rental, sale, exchange, or transfer of land, or any interest therein, or option thereon, shall be deposited in the fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1416. The board may make grants or loans to nonprofit organizations, local governmental agencies, and state departments and agencies for the purpose of wetland and associated upland habitat acquisition, restoration, or enhancement in the same manner and subject to the same provisions as prescribed in Section 31116 of the Public Resources Code. Proceeds from repayment of any loans and the interest thereon shall be deposited in the fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1417. The board may lease nonwetlands habitat in need of restoration to nonprofit organizations, local governmental agencies, and state departments and agencies under agreements in which the lessee agrees to restore the wetlands to their highest possible wetland value and maintain the wetlands at that highest possible wetland value. Proceeds from any lease or rental and interest thereon shall be deposited in the fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1418. The board may acquire former wetlands and associated upland habitat, restore those areas, and sell the lands, or any interest therein, to private owners, local governmental agencies, and state departments and agencies or exchange them for other land, if an agreement is secured to keep and maintain the lands as javascript:submitCodesValues('1414.','4.7.2','1990','1645','2',%20'id 6b208b79-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1415.','4.7.2','1990','1645','2',%20'id 6b26a5fb-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1416.','4.7.2','1990','1645','2',%20'id 6b26a5fd-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1417.','4.7.2','1990','1645','2',%20'id 6b26a5ff-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1418.','4.7.2','1990','1645','2',%20'id 6b26a601-291f-11d9-b345-da121e20f3eb') wetlands in perpetuity. The agreement shall contain a reversion if the lands sold or exchanged are not maintained as wetlands. The agreement containing the reversion shall be set forth in any conveyance transferring any land, interest in land, or option subject to this section. Proceeds from the sales or exchanges shall be deposited in the fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1419. Any funds remaining after an eligible acquisition, restoration, or enhancement of any project under this article shall be returned to the board and shall be deposited in the fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1420. In reviewing any grant or loan application, preference shall be given to projects on wetlands that have a secure source of water or are adjacent to existing wetlands that are protected by public ownership or conservation easements, or both. The board shall give preference to wintering habitat in the central valley. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1421. When creating new wetlands, the board shall give preference to lands most suitable for this purpose due to elevations, existence of levees, proximity to existing wetlands that are protected, and potential sources of water. These potential sources of water are limited to all of the following: (a) Water rights which are attached to the land to be restored including groundwater associated with the property. (b) Water willingly made available for a wetlands conservation project through water conservation. (c) Recycled water. (d) Undeveloped water supplies of the state. (e) Water marketed for wetlands purposes by a willing seller. (f) Water otherwise made available for wetlands purposes by private, nonprofit, local, and regional entities. (Amended by Stats. 1995, Ch. 28, Sec. 1.5. Effective January 1, 1996.) 1422. javascript:submitCodesValues('1419.','4.7.2','1990','1645','2',%20'id 6b282ba3-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1420.','4.7.2','1990','1645','2',%20'id 6b2b38e5-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1421.','4.7.2','1995','28','1.5',%20'id 6b2b38e7-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1422.','4.7.2','1990','1645','2',%20'id 6b2b38e9-291f-11d9-b345-da121e20f3eb') On or before January 1, 1992, and every third year thereafter, the board shall prepare and submit a report to the Governor and the Legislature on activities of the board under this chapter and other activities relating to wetland acquisition by the board. The report shall include, but is not limited to, the following: (a) The status of wetland acquisition, restoration, and enhancement projects in inland areas. (b) The net increase of wetland habitat as a result of projects of the board, including the activities carried out pursuant to the program. (Added by Stats. 1990, Ch. 1645, Sec. 2.) ARTICLE 3. Finances [1430 - 1431] ( Article 3 added by Stats. 1990, Ch. 1645, Sec. 2. ) 1430. The Inland Wetlands Conservation Fund is hereby created in the Wildlife Restoration Fund. The money in the fund shall be solely used to carry out the Inland Wetlands Conservation Program, including the administrative costs of the program. (Added by Stats. 1990, Ch. 1645, Sec. 2.) 1431. The board shall deposit in the fund all allocations made pursuant to subdivision (f) of Section 2791. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated to the board to carry out this chapter. (Added by Stats. 1990, Ch. 1645, Sec. 2.) javascript:submitCodesValues('1430.','4.7.3','1990','1645','2',%20'id 6b66e25d-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1431.','4.7.3','1990','1645','2',%20'id 6b66e25f-291f-11d9-b345-da121e20f3eb')