SECTIONS 33340-33356 - California Statutes

PUBLIC RESOURCES CODE

SECTION 33340-33356

33340. The conservancy's jurisdiction is limited to the Sierra
Nevada Region.

33341. The conservancy shall carry out projects and activities to
further the purposes of this division throughout the region. The
board shall make every effort to ensure that, over time, conservancy
funding and other efforts are spread equitably across each of the
various subregions and among the stated goal areas, with adequate
allowance for the variability of costs associated with individual
regions and types of projects.

33342. In carrying out this division, the conservancy shall
cooperate with and consult with the city or county where a grant is
proposed or an interest in real property is proposed to be acquired;
and shall, as necessary or appropriate, coordinate its efforts with
other state agencies, in cooperation with the Secretary of the
Resources Agency. The conservancy shall, as necessary and
appropriate, cooperate and consult with a public water system that
owns or operates facilities, including lands appurtenant thereto,
where a grant is proposed or an interest in land is proposed to be
acquired.

33343. (a) The conservancy may make grants or loans to public
agencies, nonprofit organizations, and tribal organizations in order
to carry out the purposes of this division, including grants or loans
provided to acquire an interest in real property, including a fee
interest in that property. Grant or loan funds shall be disbursed to
a recipient entity only after the entity has entered into an
agreement with the conservancy, on the terms and conditions specified
by the conservancy. After approving a grant, the conservancy may
assist the grantee in carrying out the purposes of the grant.
(b) When awarding grants or making loans pursuant to this
division, the conservancy may require repayment of those funds on the
terms and conditions it deems appropriate. Proceeds from the
repayment or reimbursement of amounts granted or loaned by the
conservancy shall be deposited in the fund.
(c) An entity applying for a grant from the conservancy to acquire
an interest in real property shall specify all of the following in
the grant application:
(1) The intended use of the property.
(2) The manner in which the land will be managed.
(3) How the cost of ongoing management will be funded.

33344. In the case of a grant of funds to a nonprofit organization
or tribal organization to acquire an interest in real property,
including, but not limited to, a fee interest, the agreement between
the conservancy and the recipient nonprofit organization shall
require all of the following:
(a) The purchase price of an interest in real property acquired by
the nonprofit organization shall not exceed fair market value as
established by an appraisal approved by the conservancy.
(b) The terms under which the interest in real property is
acquired shall be subject to the conservancy's approval.
(c) An interest in real property to be acquired under the grant
shall not be used as security for a debt unless the conservancy
approves the transaction.
(d) The transfer of an interest in the real property shall be
subject to approval of the conservancy, and a new agreement
sufficient to protect the public interest shall be entered into
between the conservancy and the transferee.
(e) A deed or instrument by which the nonprofit organization
acquires an interest in real property under the grant shall include a
power of termination on the part of the state, subject to the
requirements of Chapter 5 (commencing with Section 885.010) of Title
5 of Part 2 of Division 2 of the Civil Code. The deed or instrument
shall provide that the state may exercise the power of termination by
notice in the event of the nonprofit organization's violation of the
purpose of the grant through breach of a material term or condition
thereof, and that, upon recordation of the notice, full title to the
interest in real property identified in the notice shall immediately
vest in the state, or in another public agency or a nonprofit
organization designated by the conservancy to which the state conveys
or has conveyed its interest.
(f) A deed or instrument by which the nonprofit organization
acquires an interest in real property under the grant shall provide
that the conveyance is subject to a remainder interest vested in the
state. If the existence of the nonprofit organization is terminated
for any reason, the conservancy may require that the remainder shall
become a present interest and that full title to the real property
shall vest in the state, or in another public agency or a nonprofit
organization designated by the conservancy to which the state conveys
or has conveyed its interest.

33345. The conservancy shall adopt guidelines setting priorities
and criteria for projects and programs, based upon its assessment of
program requirements, institutional capabilities, and funding needs
throughout the region, and federal, state, and local plans, including
general plans, recreation plans, urban water management plans, and
groundwater management plans. As part of the process of developing
guidelines for projects and programs, the conservancy shall undertake
and facilitate a strategic program planning process involving
meetings and workshops within each of the subregions, with the
purpose of formulating strategic program objectives and priorities
within that subregion. The strategic program shall be updated
regularly, at least once every five years.

33346. (a) The conservancy may expend funds and award grants and
loans to facilitate collaborative planning efforts and to develop
projects and programs that are designed to further the purposes of
this division.
(b) The conservancy may provide and make available technical
information, expertise, and other nonfinancial assistance to public
agencies, nonprofit organizations, and tribal organizations, to
support program and project development and implementation.
(c) The recipient of a grant or loan provided by the conservancy
pursuant to this division for the acquisition of real property shall
provide for the management of the real property to be acquired as
specified in the grant agreement.

33346.5. The conservancy may apply for and receive grants to carry
out the purposes of this division.

33347. (a) The conservancy may acquire from willing sellers or
transferors, an interest in any real property, in order to carry out
the purposes of this division. However, the conservancy shall not
acquire a fee interest in real property by purchase.
(b) The acquisition of an interest in real property under this
section is not subject to the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code), unless the value of the interest exceeds two
hundred fifty thousand dollars ($250,000) per lot or parcel, as
adjusted for annual changes to the Consumer Price Index for the State
of California, as calculated by the Department of Finance. However,
the conservancy may request the State Public Works Board to review
and approve specific acquisitions.
(c) The conservancy shall not exercise the power of eminent
domain.

33348. Notwithstanding Section 11005.2 of the Government Code or
any other provision of law, the conservancy may lease, rent, sell,
exchange, or otherwise transfer, an interest, option, or contractual
right in real property, as well as a vested right severable
therefrom, that has been acquired under this division, to a person or
entity, subject to terms and conditions in furtherance of the
conservancy's purposes.

33349. (a) The conservancy shall take whatever actions are
reasonably necessary and incidental to the management of lands or
interests in lands under its ownership or control, and may initiate,
negotiate, and participate in agreements for the management of those
lands or interests with public agencies or private individuals or
entities.
(b) The conservancy may improve, restore, or enhance lands for the
purpose of protecting the natural environment, improving public
enjoyment of or public access to public lands, or to otherwise meet
the objectives of this division, and may carry out the planning and
design of those improvements or other measures.
(c) The conservancy may enter into an agreement with a public
agency, nonprofit organization, or private entity, for the
construction, management, or maintenance of facilities authorized by
the conservancy.

33350. The conservancy shall make an annual report to the
Legislature and to the Secretary of the Resources Agency regarding
expenditures, land management costs, and administrative costs.

33351. The conservancy may expend funds under this division to
conduct research and monitoring in connection with development and
implementation of the program administered under this division.

33352. (a) The conservancy may receive gifts, donations, bequests,
devises, subventions, grants, rents, royalties, and other assistance
and funds from public and private sources.
(b) Except as provided in Section 33347, the conservancy may
receive an interest in real or personal property through transfer,
succession, or other mode of acquisition generally recognized by law.
(c) All funds or income received by the conservancy shall be
deposited in the fund for expenditure for the purposes of this
division.

33353. The conservancy may fix and collect a fee for a direct
service it renders, provided the service is rendered at the request
of the individual or entity receiving the service. The amount of a
fee shall not exceed the conservancy's reasonable costs and expenses
of providing the service rendered. All fees received by the
conservancy shall be deposited in the fund for expenditure for the
purposes of this division.

33354. Proceeds from a lease, rental, sale, exchange, or transfer
of an interest or option in real property, and all other income,
shall be deposited in the fund for expenditure for the purposes of
this division.

33355. The Sierra Nevada Conservancy Fund is hereby created in the
State Treasury. Moneys in the fund shall be available, upon
appropriation by the Legislature, only for the purposes of this
division.

33356. Nothing in this division grants to the conservancy:
(a) Any of the powers of a city or county to regulate land use.
(b) Any powers to regulate any activities on land, except as the
owner of an interest in the land, or pursuant to an agreement with,
or a license or grant of management authority from, the owner of an
interest in the land.
(c) Any powers over water rights held by others.