Section 1352.5 Of Article 3. Powers And Purposes From California Fish And Game Code >> Division 2. >> Chapter 4. >> Article 3.
1352.5
. (a) The San Francisco Baylands Restoration Program Account
is hereby established within the Wildlife Restoration Fund, as
provided for by Section 19632 of the Business and Professions Code,
for the purpose of acquiring and restoring wetlands and lands that
may be enhanced to support wetlands in the San Francisco Bay area in
order to achieve the objectives of the Baylands Ecosystem Habitat
Goals Report (Goals Report).
(b) Funds in the account may be expended by the board to acquire
any lands identified in the Goals Report that are available for
acquisition subject to the following conditions:
(1) The purchase price shall not exceed the fair market value of
the property, as determined by an appraisal conducted pursuant to
Section 1348.2. The appraisal shall also consider and describe all
the specific requirements and restrictions of relevant state and
federal laws, including, but not limited to, the McAteer-Petris Act
(Title 7.2 (commencing with Section 66600) of the Government Code),
related to the property value and development potential of lands
considered for acquisition in the shoreline band of the San Francisco
Bay area.
(2) The board has determined any of the following:
(A) Funds are available to implement the recommendations and
objectives of the Goals Report for a significant portion of the
property to be acquired by the board.
(B) Sufficient funding and authority exists for the long-term
maintenance of all levees and dikes and all other land-use management
requirements necessary to avoid environmental degradation for the
property proposed to be acquired by the board.
(C) The property to be acquired by the board has no unique
long-term maintenance requirements or has no land-use management
requirements necessary to avoid environmental degradation.
(3) If the board determines to acquire all or a portion of the
Cargill property, a matching federal appropriation for the
acquisition of the Cargill property shall be deposited into an
account solely for the acquisition of the Cargill property or a
portion thereof.
(4) The board has consulted with the State Coastal Conservancy and
determined that the proposed acquisition is consistent with most of
the goals of the San Francisco Bay Area Conservancy Program, as
described in Section 31162 of the Public Resources Code.
(5) The acquisition of the property will not result in any
liability to the state for the cleanup of hazardous materials.
(c) "Cargill property," for purposes of this section, means all
property owned by the Cargill Salt Division that Cargill proposes to
sell to the state and federal governments.