2011 California Code
Government Code
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
CHAPTER 4.6. Mitigation Lands: Nonprofit Organizations
Section 65965

For the purposes of this chapter, the following definitions apply:

(a) Accompanying funds means the funds that may be conveyed solely for the long-term stewardship of a property. Also known as endowments, these funds are held and managed consistent with subdivision (b) of Section 65966 and with the Uniform Prudent Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code). Accompanying funds do not include funds conveyed for meeting short-term performance objectives of a project.

(b) Conservation easement means a conservation easement created pursuant to Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code.

(c) Department means the Department of Fish and Game.

(d) Direct protection means the permanent protection, conservation, and preservation of lands, waters, or natural resources, including, but not limited to, agricultural lands, wildlife habitat, wetlands, endangered species habitat, open-space areas, or outdoor recreational areas.

(e) Mitigation agreement means a written agreement between a public agency, the project proponent, and the special district, nonprofit organization, for-profit entity, or other entity that holds the property. A mitigation agreement governs the long-term stewardship of a property and accompanying funds, and shall specify any reporting requirements or elements, including due dates of reports.

(f) Project proponent means an individual, business entity, agency, or other entity that is developing a project or facility and is required to mitigate any adverse impact upon natural resources.

(g) Property means fee title land or any partial interest in real property, including a conservation easement, that may be conveyed pursuant to a mitigation requirement by a state or local agency.

(h) Special district means any special district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 or Division 26 (commencing with Section 35100) of the Public Resources Code, or any resource conservation district organized pursuant to Division 9 (commencing with Section 9001) of the Public Resources Code.

(i) Stewardship encompasses the range of activities involved in controlling, monitoring, and managing for conservation purposes a property, or a conservation or open-space easement, as defined by the terms of the easement, and its attendant resources.

(Amended by Stats. 2011, Ch. 590, Sec. 2. Effective January 1, 2012.)