Inland Wetlands Conservation Program

Division 2, Chapter 4.3 deals with the Inland Wetlands Conservation Program. Article 1 deals with definitions. Section 1400 provides that the definitions in this article govern the construction of this chapter.

Section 1401 defines the term “fund.”

Section 1402 defines the term “board.”

Section 1403 defines the term “inland areas.”

Section 1404 defines the term “program.”

Section 1405 defines the term “nonprofit organization.”

Article 2 deals with the program. Section 1410 created the Inland Wetlands Conservation Program.

Section 1411 established the Inland Wetlands Conservation Program designated for use of the funds allocated under the California Wildlife Protection Act of 1990. The board administers the program. The board is the agency designated for receipt of the funds allocated. The purpose and goal of the program is to carry out the programs of the Central Valley Habitat Joint Venture.

Section 1412 allows the board to 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.

Section 1413 authorizes the board to 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.

Section 1414 requires the board to coordinate its activities in the program with federal surplus land sales in inland areas.

Section 1415 says that 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. The proceeds from any lease, rental, sale, exchange, or transfer of land, or any interest therein, or option thereon, are deposited in the fund.

Section 1416 allows the board to 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 law.

Section 1417 allows the board to 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.

Section 1418 authorizes the board to 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.

Section 1419 provides that any funds remaining after an eligible acquisition, restoration, or enhancement of any project under this article are to be returned to the board and be deposited in the fund.

Section 1420 states that, in reviewing any grant or loan application, preference is to 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 is required to give preference to wintering habitat in the central valley.

Section 1421 provides that, when creating new wetlands, the board is required to 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 six specified items.

Section 1422 requires every three years the board to 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 must include at least two specified items.