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State
California
FGC Sec 2620-2627 Habitat Enhancement Program (FISH AND WILDLIFE HABITAT ENHANCEMENT ACT OF 1984)

FISH AND GAME CODE
SECTION 2620-2627





2620. All money deposited in the Fish and Wildlife Habitat
Enhancement Fund shall be available for appropriation by the
Legislature for the following purposes:
(a) Forty million dollars ($40,000,000) for expenditure by the
Wildlife Conservation Board pursuant to the Wildlife Conservation Law
of 1947 for the acquisition, enhancement, or development, or any
combination thereof, of lands located outside the coastal zone for
the preservation of resources and the management of wildlife and
fisheries, in accordance with the following schedule:
(1) Thirty million dollars ($30,000,000) for the acquisition,
enhancement, or development, or any combination thereof, of lands for
habitat for wildfowl and other wildlife benefitted by a marsh or
aquatic environment.
(2) Ten million dollars ($10,000,000) for the restoration of
waterways for the management of fisheries and the enhancement or
development, or both, of habitat for other wildlife.
(b) Five million dollars ($5,000,000) for expenditure by the
Wildlife Conservation Board pursuant to the Wildlife Conservation Law
of 1947 for the acquisition, enhancement, or development, or any
combination thereof, of lands for habitat for rare, endangered, and
fully protected species.
(c) Thirty million dollars ($30,000,000) for expenditure by the
State Coastal Conservancy for the acquisition, enhancement, or
development, or any combination thereof, of marshlands and associated
and adjacent lands and the development of associated facilities and
for grants to local public agencies for those purposes, in accordance
with the following schedule:
(1) Twenty million dollars ($20,000,000) for grants by the
conservancy to local public agencies in the coastal zone and in the
San Francisco Bay region for the acquisition, enhancement, or
development, or any combination thereof, of marshlands and adjacent
lands for habitat for wildlife benefitted by a marsh or aquatic
environment and the improvement of drainage into wetlands to control
or retard erosion and sedimentation, and biologically and
hydrologically associated upland habitat areas. Of the amount made
available pursuant to this paragraph, not less than five million
dollars ($5,000,000) shall be available for grants for projects in
the San Francisco Bay region.
(2) Ten million dollars ($10,000,000) for expenditure by the
conservancy for the purposes authorized in this subdivision.
(d) Ten million dollars ($10,000,000) for expenditure by the
Wildlife Conservation Board pursuant to the Wildlife Conservation Law
of 1947 for the acquisition, enhancement, or development, or any
combination thereof, inside the coastal zone of marshlands and
adjacent lands for habitat for wildlife benefitted by a marsh or
aquatic environment.


2621. An annual amount, not to exceed one hundred thousand dollars
($100,000), may be appropriated from the funds available pursuant to
subdivisions (a) and (d) of Section 2620 in the 1984-85 through
1989-90 fiscal years, in a particular amount to be determined in each
annual appropriation, to the Wildlife Conservation Board for
expenditure for costs incurred by the board in administering this
chapter, as provided in this section. The board shall augment, as
needed, any amount appropriated pursuant to this section with an
appropriation from any other funds available to it. This chapter is
not intended, nor shall it be construed, to authorize the Wildlife
Conservation Board or the department to establish any additional
personnel positions.



2622. An annual amount, not to exceed two hundred fifty thousand
dollars ($250,000), may be appropriated from the funds available
pursuant to subdivision (c) of Section 2620 in the 1984-85 through
1989-90 fiscal years, in a particular amount to be determined in each
annual appropriation, to the State Coastal Conservancy for
expenditure for costs incurred by the conservancy in administering
this chapter.



2623. (a) None of the funds appropriated pursuant to this chapter
may be encumbered for any purpose described in Section 1353.
(b) Notwithstanding Sections 31105 and 31106 of the Public
Resources Code, the State Coastal Conservancy and the State Public
Works Board may not make any acquisition pursuant to the power of
eminent domain with any funds appropriated pursuant to this chapter.



2624. Funds available pursuant to subdivision (b) of Section 2620
may be encumbered only for lands constituting habitat that is subject
to destruction, drastic modification, or severe curtailment of
habitat values.


2625. No acquisition shall be undertaken with funds appropriated
pursuant to Section 2620 and no grant of funds appropriated pursuant
to subdivision (c) of Section 2620 shall be encumbered until all
practical alternatives to direct purchase of the full fee title have
been considered. The Wildlife Conservation Board and the State
Coastal Conservancy shall establish a procedure to assure
consideration of alternatives to direct purchase. These alternatives
shall include, but not be limited to, the following:
(a) Opportunities for obtaining the land through exchanges of
other publicly held lands.
(b) Tax considerations that may pertain to the contemplated
transaction.
(c) Utilization of transfers of densities and density bonuses and
other available land use controls.
(d) Purchase of less than full fee title.



2626. (a) All restoration projects which involve the expenditure of
funds available pursuant to subdivision (c) of Section 2620 shall be
reviewed in accordance with Section 31208, 31208.5, 31258, or
31258.5 of the Public Resources Code, as applicable.
(b) Funds available pursuant to subdivision (d) of Section 2620
shall be encumbered in accordance with priorities of the California
Coastal Commission.
(c) Of the total amount available pursuant to subdivision (d) of
Section 2620, not more than four million dollars ($4,000,000) may be
encumbered for any single acquisition project.



2627. (a) Funds granted pursuant to subdivision (c) of Section 2620
for any purpose, other than acquisition, shall not be encumbered by
the recipient until the conservancy has entered into an agreement
sufficient to protect the public interest in any improvements
constructed pursuant to this chapter with the entity that exercises
legal control of the real property on which the improvement is
constructed.
(b) The conservancy shall not disburse any grant until the
applicant, or any other appropriate managing or operating entity, has
entered into an agreement with the conservancy or its designee, or
both, sufficient to assure that the property acquired, enhanced, or
developed, and any improvements thereon, shall be managed and
operated for the purpose for which the grant was requested. No use
of the property that is incompatible with that purpose shall ever be
permitted.
(c) The minimum amount for which an application for an individual
project may be made is fifteen thousand dollars ($15,000).
(d) Every application for a grant shall comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(e) Notwithstanding Sections 31207 and 31257 of the Public
Resources Code, funds granted pursuant to subdivision (c) of Section
2620 may be encumbered only for the acquisition, enhancement, or
development, or any combination thereof, and the costs incurred by
the recipient in planning, preparation of construction documents,
fiscal management and accounting, and supervision of construction in
connection with the project for which the grant was made. All
expenditures made by a recipient of a grant shall be subject to being
audited.
(f) Funds granted pursuant to subdivision (c) of Section 2620
shall be available for encumbrance by the recipient for a period of
three years after the date when the grant became effective.