§ 3461. — 3461. (Added by Stats. 1987, Ch. 633, Sec. 2.)

California § 3461.

• Jurisdiction: California
• Code FGC: Fish and Game Code - FGC
• Div. 4.: DIVISION 4. BIRDS AND MAMMALS
• Part 1.: PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH
• Ch. 2.: CHAPTER 2. Commercial Activities
• Art. 7.: ARTICLE 7. The California Waterfowl Habitat Program

Text

Each contract shall be for an initial term of 10 years and shall include all of the following:
(a)
The designation of the owner of record and any lessee, and the legal description and the assessor’s parcel number of the land subject to the contract.
(b)
An agreement by the owner and any lessee to restore, enhance, and protect the waterfowl habitat character of the described land and to carry out a waterfowl habitat management plan developed with the department.
(c)
Specification of the amount and date in each year that the payment is to be made by the department to the owner or lessee, which shall be calculated at the rate or rates that the director determines to be fair and reasonable in consideration of the obligations undertaken by the owner or lessee.
(d)
A requirement that the owner or lessee do either of the following:
(1)
Refund to the state all payments received under the contract plus interest at the legal rate, as specified in Section 3289 of the Civil Code, upon the owner’s or lessee’s violation of the contract, or any extension thereof, if the director determines that the violation warrants termination of the contract and the director terminates the contract.
(2)
Make refunds or accept payment adjustments that the director determines are appropriate, not to exceed the total amount paid by the state to the owner or lessee in the preceding calendar year plus interest at the legal rate, as specified in Section 3289 of the Civil Code, if the director determines that the violation by the owner or lessee does not warrant termination of the contract.
(e)
A requirement that the department reduce the amount of any payment to the owner or lessee under subdivision (c) by an amount equal to the portion of any payment under the Federal Water Bank Program (16 U.S.C. Sec. 1301 et seq.) which the department determines to be in compensation for the same obligation undertaken by the owner under the water bank program.
(f)
A requirement that the department monitor compliance with the management plan or contract with the United States Soil Conservation Service or other appropriate agency, entity, or person to monitor compliance with the management plan, and that the owner or lessee allows access for the monitoring.
(g)
Any additional provisions that the director determines are desirable to effectuate the purposes of the program or to facilitate its administration.

Legislative History

Added by Stats. 1987, Ch. 633, Sec. 2.