SECTIONS 1410-1422 - California Statutes

FISH AND GAME CODE

SECTION 1410-1422

1410. The Inland Wetlands Conservation Program is hereby created in
the board.

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.

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.

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.

1414. The board shall coordinate its activities in the program with
federal surplus land sales in inland areas.

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.

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.

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.

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 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.

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.

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.

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.

1422. 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.