SECTIONS 10330-10344 - California Statutes

PUBLIC RESOURCES CODE

SECTION 10330-10344

10330. 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.

10331. 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) To prevent the conversion of rangeland, grazing land, and
grassland to nonagricultural uses.
(b) To protect the long-term sustainability of livestock grazing.
(c) To ensure continued wildlife, water quality, watershed, and
open-space benefits to the State of California from livestock
grazing.

10332. As used in this division, the following terms have the
following meanings:
(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) "Conservation easement" means a conservation easement, as
defined by Section 815.1 of the Civil Code, that is perpetual.
(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) "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) "Property" means any real property, and any perpetual interest
therein, including land, conservation easements, and land containing
water rights.
(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) "State agency" means any public entity created by statute
within the Resources Agency.

10334. 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.

10335. 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.

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) 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.

10336. 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.

10337. 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) The productivity or potential productivity of the land.
(b) The long-term economic viability of the property.
(c) The threat to the property of urban or intensified rural
development.
(d) The presence of scenic open-space or viewshed, historic, or
archeological values, or unique geologic features.
(e) The presence of water resources, including groundwater
recharge.
(f) The presence of vegetation with ecological significance, such
as oak woodlands, forests, riparian corridor, or native vegetation.
(g) The quality of the soil.
(h) The location of the property relative to an urban sphere of
influence.
(i) The location of the property relative to other properties
preserved by conservation easements.
(j) Whether protecting this property will assist in protecting
other lands.
(k) The geographic concentration of other rangelands, grazing
lands, and grasslands.

10338. At a minimum, each application for a grant shall contain all
of the following:
(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) 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) 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) Disclosure of any known or suspected environmental conditions
associated with the property.

10339. The board may require further information as is reasonably
necessary to allow the board to evaluate the proposed acquisition.

10340. 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.

10341. The board may request staff services from any state agency
that submits an application for a grant.

10342. 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.

10343. (a) Nothing in this division authorizes or increases the
authority of any public agency to use eminent domain to acquire
private property.
(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) 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.

10344. 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.