AB 1183: California Desert Conservation Program.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-28
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife and requires the board to determine the areas in the state that are most essential and suitable for certain wildlife-related purposes. Under that law, the board may authorize the department to acquire real property, rights in real property, water, or water rights for the benefit of wildlife.
This bill would establish the California Desert Conservation Program under the administration of the board to: (1) protect, preserve, and restore the natural, cultural, and physical resources of the portions of the Mojave and Colorado Deserts region in California through the acquisition, restoration, and management of lands, (2) promote the protection and restoration of the biological diversity of the region, as specified, (3) provide for resilience in the region to climate change, as provided, (4) protect and improve air quality and water resources within the region, and (5) undertake efforts to enhance public use and enjoyment of lands owned by the public, as provided.
The bill would establish the California Desert Conservation Program Fund Account in the State Treasury. Upon appropriation by the Legislature, the bill would authorize the board to expend moneys deposited in the account for the purposes of this program.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife and requires the board to determine the areas in the state that are most essential and suitable for certain wildlife-related purposes. Under that law, the board may authorize the department to acquire real property, rights in real property, water, or water rights for the benefit of wildlife.
This bill would establish the California Desert Conservation Program under the administration of the board to: (1) protect, preserve, and restore the natural, cultural, and physical resources of the portions of the Mojave and Colorado Deserts region in California through the acquisition, restoration, and management of lands, (2) promote the protection and restoration of the biological diversity of the region, as specified, (3) provide for resilience in the region to climate change, as provided, (4) protect and improve air quality and water resources within the region, and (5) undertake efforts to enhance public use and enjoyment of lands owned by the public, as provided.
The bill would establish the California Desert Conservation Program Fund Account in the State Treasury. Upon appropriation by the Legislature, the bill would authorize the board to expend moneys deposited in the account for the purposes of this program.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife and requires the board to determine the areas in the state that are most essential and suitable for certain wildlife-related purposes. Under that law, the board may authorize the department to acquire real property, rights in real property, water, or water rights for the benefit of wildlife.
This bill would establish the California Desert Conservation Program under the administration of the board to: (1) protect, preserve, and restore the natural, cultural, and physical resources of the portions of the Mojave and Colorado Deserts region in California through the acquisition, restoration, and management of lands, (2) promote the protection and restoration of the biological diversity of the region, as specified, (3) provide for resilience in the region to climate change, as provided, (4) protect and improve air quality and water resources within the region, and (5) undertake efforts to enhance public use and enjoyment of lands owned by the public, as provided.
The bill would establish the California Desert Conservation Program Fund Account in the State Treasury. Upon appropriation by the Legislature, the bill would authorize the board to expend moneys deposited in the account for the purposes of this program.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife and requires the board to determine the areas in the state that are most essential and suitable for certain wildlife-related purposes. Under that law, the board may authorize the department to acquire real property, rights in real property, water, or water rights for the benefit of wildlife.
This bill would establish the California Desert Conservation Program under the administration of the board to to: (1) protect, preserve, and restore desert lands, water, and wildlife by the acquisition of interests and rights in real property and waters, as specified. the natural, cultural, and physical resources of the portions of the Mojave and Colorado Deserts region in California through the acquisition, restoration, and management of lands, (2) promote the protection and restoration of the biological diversity of the region, as specified, (3) provide for resilience in the region to climate change, as provided, (4) protect and improve air quality and water resources within the region, and (5) undertake efforts to enhance public use and enjoyment of lands owned by the public, as provided.
The bill would establish the California Desert Conservation Program Fund Account in the State Treasury. Upon appropriation by the Legislature, the bill would authorize the board to expend moneys deposited in the account for the purposes of this program.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife and requires the board to determine the areas in the state that are most essential and suitable for certain wildlife-related purposes. Under that law, the board may authorize the department to acquire real property, rights in real property, water, or water rights for the benefit of wildlife.
This bill would establish the California Desert Conservation Program under the administration of the board to protect, preserve, and restore desert lands, water, and wildlife by the acquisition of interests and rights in real property and waters, as specified.
This chapter shall be known, and may be cited, as the California Desert Conservation Act.
1451.The Legislature finds and declares all of the following:
(a)The Mojave and Colorado Deserts region in California, hereafter referred to as the California deserts region, are globally significant areas, including national parks and preserves, national monuments, wilderness areas, state parks, and the lowest point in the 48 contiguous states, with large, pristine areas that are open for public use.
(b)The California deserts region is also the ancestral homeland of numerous tribal communities. The region includes cultural, biological, and historical resources on sacred land that should be protected and preserved.
(c)The California deserts region is an important part of the states economy, with total direct travel spending in the California deserts region estimated in 2018 at seven billion six hundred million dollars ($7,600,000,000) and by supporting 73,000 jobs. Total government revenue generated by travel in the California deserts region for 2018 was six hundred nine million dollars ($609,000,000).
(d)The California deserts regions popularity among California and international recreationists has more than doubled within the past five years. Visitation to Joshua Tree National Park increased by 112 percent between 2013 and 2018. During the same time period, visits to Death Valley National Park increased by 76 percent and visits to Mojave National Preserve increased by 43 percent.
(e)The California deserts region provides world-class opportunities for hiking, camping, sightseeing, rock climbing, rock hounding, off-highway vehicle use, and many other recreational activities.
(f)Undisturbed desert lands are known to sequester and store carbon and contribute to climate change resilience.
(g)Nonnative, invasive grasses, such as Mediterranean grass and cheatgrass, create continuous fuel beds across desert lands that can spark and support massive wildfires in areas where fire was previously rare.
(h)The California deserts region is characterized as having high biological diversity. In the Mojave Desert, there is an approximate total of 1,500 plant taxa with 210 being endemic to California.
(i)The California deserts region is home to iconic species such as the western Joshua tree (Yucca brevifolia), the federally threatened desert tortoise (Gopherus agassizii), and species of special concern such as the desert bighorn sheep (Ovis canadensis nelsoni), which requires wildlife corridors to maintain healthy populations.
(j)Water sources within the California deserts region are comprised of both groundwater and surface water that provide critical sustenance for unique and diverse ecosystems. Groundwater elevations should be stable and not overdrafted to maintain the surface flow of springs that support the fragile ecosystems in the region. Proposed groundwater extraction projects have threatened water supplies in the California deserts region.
1452.As used in this chapter, unless the context requires otherwise, the following definitions apply:
(a)Board means the Wildlife Conservation Board.
(b)Department means the Department of Fish and Wildlife.
(c)Local public agency includes, but is not limited to, a city, county, city and county, association of governments, or joint powers authority.
(d)Nonprofit organization means any private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic, or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat.
(e)Program means the California Desert Conservation Program.
(f)Region or California deserts region includes the portions of the Mojave and Colorado Deserts, across 26,000,000 acres of southeastern California lying within the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego that is within the California Desert Conservation Area as that area was delineated in the map and legal description of the California Desert Conservation Area prepared by the United States Secretary of the Interior pursuant to Section 1781(c) of Title 43 of the United States Code, as that map and legal description was in effect on December 31, 2020, and the portions of the Bureau of Land Managements Bakersfield and Bishop Resource Management Plans, as amended by the Record of Decision, dated September 14, 2016, of the Desert Renewable Energy Conservation Plan Land Use Plan Amendment. The Coachella Valley Mountains Conservancy area, as described in Section 33502 of the Public Resources Code, shall be excluded from, and is not part of, the California deserts region.
(g)Tribe means any federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
1453.The board shall establish and administer, through the department, the program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to do all of the following:
(a)Protect, preserve, and restore the regions natural, cultural, and physical resources through the acquisition, restoration, and management of lands.
(b)Promote the protection and restoration of the biological diversity of the region, including the recovery of threatened and endangered species.
(c)Provide for resilience within the region to climate change, including, but not limited to, reducing the risk of natural disasters such as wildfires, controlling invasive species, protecting and improving habitat connectivity, and protecting soil carbon stores by limiting ground disturbance.
(d)Protect and improve air quality and water resources within the region.
(e)Undertake efforts to enhance public use and enjoyment of lands owned by the public, with an emphasis on expanding opportunities for education and access to public lands for communities that currently lack access.
1454.The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance desert habitat within the California deserts region consistent with the conservation strategies approved by the department and coordinate its activities undertaken pursuant to the program with other resource protection activities of the board and other state agencies.
1455.The preservation and restoration of desert habitat shall be a primary concern of the board and the department, and of all state agencies whose activities impact desert habitat.
1456.In order to accomplish the purposes of this chapter, the board may authorize the department to do all of the following:
(a)Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property.
(b)Coordinate its activities under the program with any governmental program for surplus real property sales in the state.
(c)Award grants to local public agencies, state agencies, tribes, and nonprofit organizations for the purposes of the program.
(d)Exercise any authority and comply with the requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance desert habitat for purposes of this chapter.
1457.Grants to nonprofit organizations, pursuant to Section 1390, for the acquisition of real property or interests therein shall be subject to all of the following conditions:
(a)The purchase price of any interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the board.
(b)The board approves the terms under which the interest in real property is acquired.
(c)The interest in real property acquired pursuant to a grant from the board shall not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction.
(d)The transfer of real property acquired pursuant to a grant shall be subject to the approval of the board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the state.
(e)The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.
(f)If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, before that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state.
1458.(a)The California Desert Conservation Program Fund Account is hereby created in the State Treasury. The account shall be administered by the board. Moneys in the account may be expended, upon appropriation by the Legislature, for the purposes of this chapter.
(b)Moneys may be deposited into the account from gifts, donations, funds appropriated by the Legislature for the purposes of this chapter, federal grants, and other sources. Moneys in the account shall be used for the purpose of implementing this chapter, including administrative costs.
This chapter shall be known, and may be cited, as the California Desert Conservation Act.
1451.The Legislature finds and declares all of the following:
(a)The Mojave and Colorado Deserts region in California, hereafter referred to as the California deserts region, are globally significant areas, including national parks and preserves, national monuments, wilderness areas, state parks, and the lowest point in the 48 contiguous states, with large, pristine areas that are open for public use.
(b)The California deserts region is also the ancestral homeland of numerous tribal communities. The region includes cultural, biological, and historical resources on sacred land that should be protected and preserved.
(c)The California deserts region is an important part of the states economy, with total direct travel spending in the California deserts region estimated in 2018 at seven billion six hundred million dollars ($7,600,000,000) and by supporting 73,000 jobs. Total government revenue generated by travel in the California deserts region for 2018 was six hundred nine million dollars ($609,000,000).
(d)The California deserts regions popularity among California and international recreationists has more than doubled within the past five years. Visitation to Joshua Tree National Park increased by 112 percent between 2013 and 2018. During the same time period, visits to Death Valley National Park increased by 76 percent and visits to Mojave National Preserve increased by 43 percent.
(e)The California deserts region provides world-class opportunities for hiking, camping, sightseeing, rock climbing, rock hounding, off-highway vehicle use, and many other recreational activities.
(f)Undisturbed desert lands are known to sequester and store carbon and contribute to climate change resilience.
(g)Nonnative, invasive grasses, such as Mediterranean grass and cheatgrass, create continuous fuel beds across desert lands that can spark and support massive wildfires in areas where fire was previously rare.
(h)The California deserts region is characterized as having high biological diversity. In the Mojave Desert, there is an approximate total of 1,500 plant taxa with 210 being endemic to California.
(i)The California deserts region is home to iconic species such as the western Joshua tree (Yucca brevifolia), the federally threatened desert tortoise (Gopherus agassizii), and species of special concern such as the desert bighorn sheep (Ovis canadensis nelsoni), which requires wildlife corridors to maintain healthy populations.
(j)Water sources within the California deserts region are comprised of both groundwater and surface water that provide critical sustenance for unique and diverse ecosystems. Groundwater elevations should be stable and not overdrafted to maintain the surface flow of springs that support the fragile ecosystems in the region. Proposed groundwater extraction projects have threatened water supplies in the California deserts region.
1452.As used in this chapter, unless the context requires otherwise, the following definitions apply:
(a)Board means the Wildlife Conservation Board.
(b)Department means the Department of Fish and Wildlife.
(c)Local public agency includes, but is not limited to, a city, county, city and county, association of governments, or joint powers authority.
(d)Nonprofit organization means any private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic, or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat.
(e)Program means the California Desert Conservation Program.
(f)Region or California deserts region includes the portions of the Mojave and Colorado Deserts, across 26,000,000 acres of southeastern California lying within the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego that is within the California Desert Conservation Area as that area was delineated in the map and legal description of the California Desert Conservation Area prepared by the United States Secretary of the Interior pursuant to Section 1781(c) of Title 43 of the United States Code, as that map and legal description was in effect on December 31, 2020, and the portions of the Bureau of Land Managements Bakersfield and Bishop Resource Management Plans, as amended by the Record of Decision, dated September 14, 2016, of the Desert Renewable Energy Conservation Plan Land Use Plan Amendment. The Coachella Valley Mountains Conservancy area, as described in Section 33502 of the Public Resources Code, shall be excluded from, and is not part of, the California deserts region.
(g)Tribe means any federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
1453.The board shall establish and administer, through the department, the program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to do all of the following:
(a)Protect, preserve, and restore the regions natural, cultural, and physical resources through the acquisition, restoration, and management of lands.
(b)Promote the protection and restoration of the biological diversity of the region, including the recovery of threatened and endangered species.
(c)Provide for resilience within the region to climate change, including, but not limited to, reducing the risk of natural disasters such as wildfires, controlling invasive species, protecting and improving habitat connectivity, and protecting soil carbon stores by limiting ground disturbance.
(d)Protect and improve air quality and water resources within the region.
(e)Undertake efforts to enhance public use and enjoyment of lands owned by the public, with an emphasis on expanding opportunities for education and access to public lands for communities that currently lack access.
1454.The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance desert habitat within the California deserts region consistent with the conservation strategies approved by the department and coordinate its activities undertaken pursuant to the program with other resource protection activities of the board and other state agencies.
1455.The preservation and restoration of desert habitat shall be a primary concern of the board and the department, and of all state agencies whose activities impact desert habitat.
1456.In order to accomplish the purposes of this chapter, the board may authorize the department to do all of the following:
(a)Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property.
(b)Coordinate its activities under the program with any governmental program for surplus real property sales in the state.
(c)Award grants to local public agencies, state agencies, tribes, and nonprofit organizations for the purposes of the program.
(d)Exercise any authority and comply with the requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance desert habitat for purposes of this chapter.
1457.Grants to nonprofit organizations, pursuant to Section 1390, for the acquisition of real property or interests therein shall be subject to all of the following conditions:
(a)The purchase price of any interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the board.
(b)The board approves the terms under which the interest in real property is acquired.
(c)The interest in real property acquired pursuant to a grant from the board shall not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction.
(d)The transfer of real property acquired pursuant to a grant shall be subject to the approval of the board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the state.
(e)The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.
(f)If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, before that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state.
1458.(a)The California Desert Conservation Program Fund Account is hereby created in the State Treasury. The account shall be administered by the board. Moneys in the account may be expended, upon appropriation by the Legislature, for the purposes of this chapter.
(b)Moneys may be deposited into the account from gifts, donations, funds appropriated by the Legislature for the purposes of this chapter, federal grants, and other sources. Moneys in the account shall be used for the purpose of implementing this chapter, including administrative costs.
This chapter shall be known, and may be cited, as the California Desert Conservation Act.
1451.The Legislature finds and declares all of the following:
(a)The Mojave and Colorado Deserts region in California, hereafter referred to as the California deserts region, are globally significant areas, including national parks and preserves, national monuments, wilderness areas, state parks, and the lowest point in the 48 contiguous states, with large, pristine areas that are open for public use.
(b)The California deserts region is also the ancestral homeland of numerous tribal communities. The region includes cultural, biological, and historical resources on sacred land that should be protected and preserved.
(c)The California deserts region is an important part of the states economy, with total direct travel spending in the California deserts region estimated in 2018 at seven billion six hundred million dollars ($7,600,000,000) and by supporting 73,000 jobs. Total government revenue generated by travel in the California deserts region for 2018 was six hundred nine million dollars ($609,000,000).
(d)The California deserts regions popularity among California and international recreationists has more than doubled within the past five years. Visitation to Joshua Tree National Park increased by 112 percent between 2013 and 2018. During the same time period, visits to Death Valley National Park increased by 76 percent and visits to Mojave National Preserve increased by 43 percent.
(e)The California deserts region provides world-class opportunities for hiking, camping, sightseeing, rock climbing, rock hounding, off-highway vehicle use, and many other recreational activities.
(f)Undisturbed desert lands are known to sequester and store carbon and contribute to climate change resilience.
(g)Nonnative, invasive grasses, such as Mediterranean grass and cheatgrass, create continuous fuel beds across desert lands that can spark and support massive wildfires in areas where fire was previously rare.
(h)The California deserts region is characterized as having high biological diversity. In the Mojave Desert, there is an approximate total of 1,500 plant taxa with 210 being endemic to California.
(i)The California deserts region is home to iconic species such as the western Joshua tree (Yucca brevifolia), the federally threatened desert tortoise (Gopherus agassizii), and species of special concern such as the desert bighorn sheep (Ovis canadensis nelsoni), which requires wildlife corridors to maintain healthy populations.
(j)Water sources within the California deserts region are comprised of both groundwater and surface water that provide critical sustenance for unique and diverse ecosystems. Groundwater elevations should be stable and not overdrafted to maintain the surface flow of springs that support the fragile ecosystems in the region. Proposed groundwater extraction projects have threatened water supplies in the California deserts region.
1452.As used in this chapter, unless the context requires otherwise, the following definitions apply:
(a)Board means the Wildlife Conservation Board.
(b)Department means the Department of Fish and Wildlife.
(c)Local public agency includes, but is not limited to, a city, county, city and county, association of governments, or joint powers authority.
(d)Nonprofit organization means any private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic, or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat.
(e)Program means the California Desert Conservation Program.
(f)Region or California deserts region includes the portions of the Mojave and Colorado Deserts, across 26,000,000 acres of southeastern California lying within the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego that is within the California Desert Conservation Area as that area was delineated in the map and legal description of the California Desert Conservation Area prepared by the United States Secretary of the Interior pursuant to Section 1781(c) of Title 43 of the United States Code, as that map and legal description was in effect on December 31, 2020, and the portions of the Bureau of Land Managements Bakersfield and Bishop Resource Management Plans, as amended by the Record of Decision, dated September 14, 2016, of the Desert Renewable Energy Conservation Plan Land Use Plan Amendment. The Coachella Valley Mountains Conservancy area, as described in Section 33502 of the Public Resources Code, shall be excluded from, and is not part of, the California deserts region.
(g)Tribe means any federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
1453.The board shall establish and administer, through the department, the program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to do all of the following:
(a)Protect, preserve, and restore the regions natural, cultural, and physical resources through the acquisition, restoration, and management of lands.
(b)Promote the protection and restoration of the biological diversity of the region, including the recovery of threatened and endangered species.
(c)Provide for resilience within the region to climate change, including, but not limited to, reducing the risk of natural disasters such as wildfires, controlling invasive species, protecting and improving habitat connectivity, and protecting soil carbon stores by limiting ground disturbance.
(d)Protect and improve air quality and water resources within the region.
(e)Undertake efforts to enhance public use and enjoyment of lands owned by the public, with an emphasis on expanding opportunities for education and access to public lands for communities that currently lack access.
1454.The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance desert habitat throughout the state within the California deserts region consistent with the conservation strategies approved by the department and coordinate its activities undertaken pursuant to the program with other resource protection activities of the board and other state agencies.
1455.The preservation and restoration of desert habitat shall be a primary concern of the board and the department, and of all state agencies whose activities impact desert habitat.
1456.In order to accomplish the purposes of this chapter, the board may authorize the department to do all of the following:
(a)Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property.
(b)Coordinate its activities under the program with any governmental program for surplus real property sales in the state.
(c)Award grants to local public agencies, state agencies, tribes, and nonprofit organizations for the purposes of the program.
(d)Exercise any authority and comply with the requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance desert habitat for purposes of this chapter.
1457.Grants to nonprofit organizations, pursuant to Section 1390, for the acquisition of real property or interests therein shall be subject to all of the following conditions:
(a)The purchase price of any interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the board.
(b)The board approves the terms under which the interest in real property is acquired.
(c)The interest in real property acquired pursuant to a grant from the board shall not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction.
(d)The transfer of real property acquired pursuant to a grant shall be subject to the approval of the board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the state.
(e)The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.
(f)If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, before that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state.
1458.(a)The California Desert Conservation Program Fund Account is hereby created in the State Treasury. The account shall be administered by the board. Moneys in the account may be expended, upon appropriation by the Legislature, for the purposes of this chapter.
(b)Moneys may be deposited into the account from gifts, donations, funds appropriated by the Legislature for the purposes of this chapter, federal grants, and other sources. Moneys in the account shall be used for the purpose of implementing this chapter, including administrative costs.
This chapter shall be known, and may be cited, as the California Desert Conservation Act.
1451.The Legislature finds and declares all of the following:
(a)Californias desert region is valued for its wide-open skies, beautiful vistas, solitude, world-class recreation, history, culture, and thriving plant and wildlife communities. With more than 20 million acres stretching to the Mexican border, the California desert region is the largest remaining relatively intact ecosystem in the lower 48 states and home to iconic species such as desert tortoise, Joshua Trees, golden eagles, desert bighorn sheep, and Mohave ground squirrels.(b)The California desert region is increasingly threatened by numerous threats, including, but not limited to, climate change, fire, development, invasive species, and resource extraction.(c)With the creation of the federal Desert Renewable Energy Conservation Plan and the California Desert Biological Conservation Framework, which was developed between state and federal agencies, local communities, tribes, and other stakeholders, there is a conservation strategy that connects a network of currently protected federal and state lands with areas identified for future conservation and management to ensure that the desert and its natural resources are resilient to the impacts of climate change.(d)The public interest requires the coordinated protection of desert resources through projects to acquire interests and rights in real property and to improve management on desert lands to protect and restore the natural resources and the recreational and economic benefits they provide.(a)The Mojave and Colorado Deserts region in California, hereafter referred to as the California deserts region, are globally significant areas, including national parks and preserves, national monuments, wilderness areas, state parks, and the lowest point in the 48 contiguous states, with large, pristine areas that are open for public use.
(b)The California deserts region is also the ancestral homeland of numerous tribal communities. The region includes cultural, biological, and historical resources on sacred land that should be protected and preserved.
(c)The California deserts region is an important part of the states economy, with total direct travel spending in the California deserts region estimated in 2018 at seven billion six hundred million dollars ($7,600,000,000) and by supporting 73,000 jobs. Total government revenue generated by travel in the California deserts region for 2018 was six hundred nine million dollars ($609,000,000).
(d)The California deserts regions popularity among California and international recreationists has more than doubled within the past five years. Visitation to Joshua Tree National Park increased by 112 percent between 2013 and 2018. During the same time period, visits to Death Valley National Park increased by 76 percent and visits to Mojave National Preserve increased by 43 percent.
(e)The California deserts region provides world-class opportunities for hiking, camping, sightseeing, rock climbing, rock hounding, off-highway vehicle use, and many other recreational activities.
(f)Undisturbed desert lands are known to sequester and store carbon and contribute to climate change resilience.
(g)Nonnative, invasive grasses, such as Mediterranean grass and cheatgrass, create continuous fuel beds across desert lands that can spark and support massive wildfires in areas where fire was previously rare.
(h)The California deserts region is characterized as having high biological diversity. In the Mojave Desert, there is an approximate total of 1,500 plant taxa with 210 being endemic to California.
(i)The California deserts region is home to iconic species such as the western Joshua tree (Yucca brevifolia), the federally threatened desert tortoise (Gopherus agassizii), and species of special concern such as the desert bighorn sheep (Ovis canadensis nelsoni), which requires wildlife corridors to maintain healthy populations.
(j)Water sources within the California deserts region are comprised of both groundwater and surface water that provide critical sustenance for unique and diverse ecosystems. Groundwater elevations should be stable and not overdrafted to maintain the surface flow of springs that support the fragile ecosystems in the region. Proposed groundwater extraction projects have threatened water supplies in the California deserts region.
1452.As used in this chapter, unless the context requires otherwise, the following definitions apply:
(a)Board means the Wildlife Conservation Board.
(b)Department means the Department of Fish and Wildlife.
(c)Local public agency includes, but is not limited to, a city, county, city and county, association of governments, or joint powers authority.
(b)
(d)Nonprofit organization means any private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic, or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat.
(c)(e)Program means the California Desert Conservation Program.
(f)Region or California deserts region includes the portions of the Mojave and Colorado Deserts, across 26,000,000 acres of southeastern California lying within the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego that is within the California Desert Conservation Area as that area was delineated in the map and legal description of the California Desert Conservation Area prepared by the United States Secretary of the Interior pursuant to Section 1781(c) of Title 43 of the United States Code, as that map and legal description was in effect on December 31, 2020, and the portions of the Bureau of Land Managements Bakersfield and Bishop Resource Management Plans, as amended by the Record of Decision, dated September 14, 2016, of the Desert Renewable Energy Conservation Plan Land Use Plan Amendment. The Coachella Valley Mountains Conservancy area, as described in Section 33502 of the Public Resources Code, shall be excluded from, and is not part of, the California deserts region.
(g)Tribe means any federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
1453.The board shall establish and administer, through the department, the program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to protect, preserve, and restore desert lands, water, and wildlife by the acquisition of interests and rights in real property and waters to the extent deemed necessary to carry out the purposes of the program. do all of the following:
(a)Protect, preserve, and restore the regions natural, cultural, and physical resources through the acquisition, restoration, and management of lands.
(b)Promote the protection and restoration of the biological diversity of the region, including the recovery of threatened and endangered species.
(c)Provide for resilience within the region to climate change, including, but not limited to, reducing the risk of natural disasters such as wildfires, controlling invasive species, protecting and improving habitat connectivity, and protecting soil carbon stores by limiting ground disturbance.
(d)Protect and improve air quality and water resources within the region.
(e)Undertake efforts to enhance public use and enjoyment of lands owned by the public, with an emphasis on expanding opportunities for education and access to public lands for communities that currently lack access.
1454.The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance desert habitat throughout the state consistent with the conservation strategies approved by the department, including regional conservation investment strategies, and the California Desert Biological Conservation Framework, issued December 2016, department and coordinate its activities undertaken pursuant to the program with other resource protection activities of the board and other state agencies.
1455.The preservation and enhancement restoration of desert habitat shall be a primary concern of the board and the department, and of all state agencies whose activities impact desert habitat, including the Department of Conservation, the Department of Parks and Recreation, the Department of Water Resources, the Department of Forestry and Fire Protection, the Department of Transportation, the California Conservation Corps, the Energy Commission, the Coachella Valley Mountains Conservancy, and the State Lands Commission. habitat.
1456.In order to accomplish the purposes of this chapter, the board may authorize the department to do all of the following:
(a)Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property.
(b)Coordinate its activities under the program with any governmental program for surplus real property sales in the state.
(c)Award grants and loans to local public agencies, state agencies, federal agencies, tribes, and nonprofit organizations for the purposes of the program.
(d)Exercise any authority and comply with the requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance desert habitat for purposes of this chapter.
1457.Grants to nonprofit organizations, pursuant to Section 1390, for the acquisition of real property or interests therein shall be subject to all of the following conditions:
(a)The purchase price of any interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the board.
(b)The board approves the terms under which the interest in real property is acquired.
(c)The interest in real property acquired pursuant to a grant from the board shall not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction.
(d)The transfer of real property acquired pursuant to a grant shall be subject to the approval of the board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the state.
(e)The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.
(f)If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, before that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state.
1458.(a)The California Desert Conservation Program Fund Account is hereby created in the State Treasury. The account shall be administered by the board. Moneys in the account may be expended, upon appropriation by the Legislature, for the purposes of this chapter.
(b)Moneys may be deposited into the account from gifts, donations, funds appropriated by the Legislature for the purposes of this chapter, federal grants, and other sources. Moneys in the account shall be used for the purpose of implementing this chapter, including administrative costs.
This chapter shall be known, and may be cited, as the California Desert Conservation Act.
1451.The Legislature finds and declares all of the following:
(a)Californias desert region is valued for its wide-open skies, beautiful vistas, solitude, world-class recreation, history, culture, and thriving plant and wildlife communities. With more than 20 million acres stretching to the Mexican border, the California desert region is the largest remaining relatively intact ecosystem in the lower 48 states and home to iconic species such as desert tortoise, Joshua Trees, golden eagles, desert bighorn sheep, and Mohave ground squirrels.
(b)The California desert region is increasingly threatened by numerous threats, including, but not limited to, climate change, fire, development, invasive species, and resource extraction.
(c)With the creation of the federal Desert Renewable Energy Conservation Plan and the California Desert Biological Conservation Framework, which was developed between state and federal agencies, local communities, tribes, and other stakeholders, there is a conservation strategy that connects a network of currently protected federal and state lands with areas identified for future conservation and management to ensure that the desert and its natural resources are resilient to the impacts of climate change.
(d)The public interest requires the coordinated protection of desert resources through projects to acquire interests and rights in real property and to improve management on desert lands to protect and restore the natural resources and the recreational and economic benefits they provide.
1452.As used in this chapter, unless the context requires otherwise, the following definitions apply:
(a)Board means the Wildlife Conservation Board.
(b)Nonprofit organization means any private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic, or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat.
(c)Program means the California Desert Conservation Program.
1453.The board shall establish and administer, through the department, the program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to protect, preserve, and restore desert lands, water, and wildlife by the acquisition of interests and rights in real property and waters to the extent deemed necessary to carry out the purposes of the program.
1454.The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance desert habitat throughout the state consistent with the conservation strategies approved by the department, including regional conservation investment strategies, and the California Desert Biological Conservation Framework, issued December 2016, and coordinate its activities undertaken pursuant to the program with other resource protection activities of the board and other state agencies.
1455.The preservation and enhancement of desert habitat shall be a primary concern of the board and the department, and of all state agencies whose activities impact desert habitat, including the Department of Conservation, the Department of Parks and Recreation, the Department of Water Resources, the Department of Forestry and Fire Protection, the Department of Transportation, the California Conservation Corps, the Energy Commission, the Coachella Valley Mountains Conservancy, and the State Lands Commission.
1456.In order to accomplish the purposes of this chapter, the board may authorize the department to do all of the following:
(a)Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property.
(b)Coordinate its activities under the program with any governmental program for surplus real property sales in the state.
(c)Award grants and loans to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of the program.
(d)Exercise any authority and comply with the requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance desert habitat for purposes of this chapter.
1457.Grants to nonprofit organizations, pursuant to Section 1390, for the acquisition of real property or interests therein shall be subject to all of the following conditions:
(a)The purchase price of any interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the board.
(b)The board approves the terms under which the interest in real property is acquired.
(c)The interest in real property acquired pursuant to a grant from the board shall not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction.
(d)The transfer of real property acquired pursuant to a grant shall be subject to the approval of the board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the state.
(e)The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.
(f)If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, before that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state.
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Date
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Status
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|---|---|
| Sep 28, 2021 | Chaptered by Secretary of State - Chapter 380, Statutes of 2021. |
| Sep 28, 2021 | Approved by the Governor. |
| Sep 13, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 7, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 14. Page 2834.). |
| Sep 2, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77. |
| Sep 2, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 6. Page 2336.). |
| Aug 26, 2021 | Read second time. Ordered to third reading. |
| Aug 16, 2021 | In committee: Referred to suspense file. |
| Jul 12, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 8, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 8). |
| Jun 24, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 9, 2021 | Referred to Com. on N.R. & W. |
| Jun 3, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 13. Page 1827.) |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | Joint Rule 62(a), file notice suspended. (Page 1460.) |
| May 19, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 10, 2021 | In committee: Hearing postponed by committee. |
| Apr 27, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 4.) (April 26). Re-referred to Com. on APPR. |
| Mar 4, 2021 | Referred to Com. on W.,P., & W. |
| Feb 19, 2021 | From printer. May be heard in committee March 21. |
| Feb 18, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 7, 2021 | AB 1183 Ramos Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 2, 2021 | Assembly 3rd Reading AB1183 Ramos By Roth | Senate Floor |
Passed |
|
| Jun 2, 2021 | AB 1183 Ramos Assembly Third Reading | Assembly Floor |
Passed |
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