SECTIONS 12240-12249.6 - California Statutes

PUBLIC RESOURCES CODE

SECTION 12240-12249.6

12240. The California Forest Legacy Program is hereby established.
The department may acquire conservation easements by entering into a
contract with the Wildlife Conservation Board to administer the
purchase of conservation easements. The California Forest Legacy
Program may also include those activities eligible for funding under
the federal Forest Legacy Program (16 U.S.C. Sec. 2103c), and the
state program shall be coordinated with the federal program to the
maximum amount possible.

12241. Money to fund the California Forest Legacy Program shall be
obtained from gifts, donations, federal grants and loans, other
appropriate funding sources, and through the allocations for the
California Wildlife Conservation Board, including those provided from
the sale of general obligation bonds pursuant to the Safe Drinking
Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006 (Division 43 (commencing with Section
75001)) and made available by the board pursuant to subdivision (a)
of Section 75055 and pursuant to the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Act of 2000 (the
Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section
5096.300) of Division 5) and made available for appropriation
pursuant to paragraph (4) of subdivision (a) of Section 5096.350.

12242. The implementation of the program includes the costs
associated with the purchase or facilitated donation of conservation
easements, technical assistance provided by the department,
technology transfer activities of the department, and administrative
costs incurred by the department in administering the program.

12244. Easements acquired under this program may be held by
federal, state, or local government entities or by nonprofit land
trust organizations. The director shall find that any recipient of a
conservation easement is qualified to monitor and enforce the terms
of the easement.

12245. The director shall not disburse any funds until the
applicant agrees to both of the following:
(a) That any conservation easement acquired shall be used by the
applicant only for the purpose for which the funds were requested.
(b) That the director shall find that any disposition of the
easement is consistent with, and in furtherance of, the purposes of
this division, that the recipient of the easement is qualified to
monitor and enforce the easement, and that the conservation
provisions of the easement remain in effect following the transfer.

12246. If a local, state, or national government agency or
nonprofit land trust organization holding the easement is dissolved,
the easement shall be transferred to an appropriate public or
nonprofit land trust organization that is qualified to monitor and
enforce the easement.

12247. The easement, or any of its terms, may only be amended with
the consent of all of the necessary parties to the easement. The
department shall determine that the amendment is consistent with this
division.

12248. The director shall not disburse any funds unless the
applicant agrees to restrict the use of the land in perpetuity.

12249. The board shall adopt rules and regulations for the
implementation of this division, including the standards, criteria,
and requirements necessary for acquiring conservation easements.

12249.5. Rules or regulations adopted by the board pursuant to
Section 12249 shall be adopted in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).

12249.6. The department shall review, and approve or disapprove,
applications from landowners for the acquisition of conservation
easements on forest lands or woodlands.