Native American tribes: fish and wildlife: conservation and mitigation lands., the official text

An act to amend Sections 1390, 1416, and 1745 of the Fish and Game Code, relating to Native American tribes.

LEGISLATIVE COUNSEL'S DIGEST

(1) Existing law requires the Wildlife Conservation Board to establish and administer, through the Department of Fish and Wildlife, the California Riparian Habitat Conservation Program with the purpose and goal of protecting, preserving, and restoring riparian habitats throughout the state, as specified. Existing law authorizes the board to authorize the department to award grants and loans for the purposes of the program to specified entities.
This bill would authorize the board to authorize the department to make those awards to federally recognized tribes.
(2) Existing law establishes the Inland Wetlands Conservation Program under the board with the purpose and goal of carrying out the programs of the Central Valley Habitat Joint Venture. Existing law authorizes the board to make grants or loans for the purpose of wetland and associated upland habitat acquisition, restoration, or enhancement to specified entities.
This bill would authorize the board to make those grants or loans to federally recognized tribes.
(3) Existing law authorizes the department to enter into contracts or other agreements with nonprofit conservation groups or resource conservation districts for the management and operation of department-managed lands.
This bill would authorize the department to also enter into those contracts or other agreements with federally recognized tribes.

The people of the State of California do enact as follows:

SECTION 1.
It is the intent of the Legislature to enact subsequent legislation that would develop a faster public process for the Department of Fish and Wildlife to return lands that meet certain criteria to federally recognized tribes.

SEC. 2.
Section 1390 of the Fish and Game Code is amended to read:
1390.
In order to accomplish the objectives of this chapter, the Wildlife Conservation 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, federally recognized tribes, and nonprofit organizations for the purposes of this program.
(d) For the purposes of this chapter, “nonprofit organization” means any private, nonprofit organization which 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) Exercise any authority and comply with requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance riparian habitat for purposes of this chapter.

SEC. 3.
Section 1416 of the Fish and Game Code is amended to read:
1416.
The board may make grants or loans to nonprofit organizations, federally recognized tribes, 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 Section 31116 of the Public Resources Code. Proceeds from repayment of any loans and interest shall be deposited in the fund.

SEC. 4.
Section 1745 of the Fish and Game Code is amended to read:
1745.
(a) For purposes of this section, the following terms have the following meanings:
(1) “Department-managed lands” includes lands, or lands and water, acquired for public shooting grounds, state marine (estuarine) recreational management areas, ecological reserves, and wildlife management areas.
(2) “Nonconsumptive uses” means compatible uses other than hunting and fishing.
(b) (1) Department-managed lands shall be operated on a nonprofit basis by the department.
(2) The department may enter into contracts or other agreements for the management and operation of department-managed lands with nonprofit conservation groups, recognized under Section 501(c) of the Internal Revenue Code, resource conservation districts, as described in Chapter 3 (commencing with Section 9151) of Division 9 of the Public Resources Code, or federally recognized tribes.
(A) The contracts or other agreements authorized pursuant to this paragraph are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(B) The contracts or other agreements authorized pursuant to this paragraph shall adhere to the goals and objectives included in an approved management plan and shall be consistent with the purpose for which the lands were acquired and managed by the department. Any changes to the management plan shall be subject to public review and comment.
(c) Multiple recreational use of department-managed lands is desirable and that use shall be encouraged by the commission. Except for hunting and fishing purposes, only minimum facilities to permit other forms of multiple recreational use, such as camping, picnicking, boating, or swimming, shall be provided.
(d) (1) Hunting, fishing, wildlife viewing, wildlife photography, conservation education, and fish and wildlife research are priority uses compatible with department-managed lands, except for ecological reserves where uses shall be considered on an individual basis.
(2) Public uses of department-managed lands not described in paragraph (1), or subdivision (c) or (f), shall be authorized by regulations adopted by the commission. The commission may require the purchase of a special use permit for these other uses.
(e) Except as provided in Section 1765 and subdivision (h), and to defray the costs associated with multiple use, the commission may determine and fix the amount of, and the department shall collect, fees for any use privileges. Only persons holding valid hunting licenses may apply for or obtain shooting permits for department-managed lands.
(f) Commencing January 1, 2015, the department shall require the purchase of an entry permit for nonconsumptive uses of department-managed lands if the department finds that it is practical and would be cost effective for the state to collect entry permit fees.
(g) The following shall apply if the department requires the purchase of an entry permit pursuant to subdivision (f):
(1) The department shall require the purchase of an entry permit for nonconsumptive uses of a department-managed land only if a sign providing notice of the requirement has been posted at the department-managed land.
(2) To the extent feasible, the department shall allow nonconsumptive users to purchase an entry permit onsite.
(3) The department shall use the Automated License Data System to sell an entry permit.
(4) A nonconsumptive user shall have an entry permit in their immediate possession while on department-managed lands.
(h) Failure to obtain a permit as required pursuant to this section shall be an infraction as described in Section 12002.2.1. A person in possession of a valid hunting license, sport fishing license, or trapping license shall be exempt from a requirement to obtain a permit.
(i) The moneys generated pursuant to this section shall be deposited in the Native Species Conservation and Enhancement Account within the Fish and Game Preservation Fund, and shall be available, upon appropriation by the Legislature, to the department for the management and operation of its lands. To the extent that the department is able to identify the source of the fee revenue collected, the department shall provide no less than 35 percent of the funds generated pursuant to this section to the department-managed lands from which the fee revenues were collected.
(j) The commission and department may continue to allow free access to a department-managed land if the commission or department finds the best interests of that area would be served by not fixing a fee for use privileges.