Section 1526.4 Of Article 2. Wildlife Management Areas And Game Farms From California Fish And Game Code >> Division 2. >> Chapter 5. >> Article 2.
1526.4
. (a) The department, upon request of the leaseholder, shall
extend any existing lease for a recreational homesite on Lower
Sherman Island to the holder of any lease of lands under the control
of the department, under the following conditions:
(1) The existing lease is between the department and an individual
person, partnership, or any affiliated group of two or more persons.
(2) Subject to subdivision (e), the lease may be extended for the
natural life of the person who is the leaseholder on January 1, 1991.
With respect to any lease to an affiliated group or an association
of persons, the lease shall expire upon the death of the last
individual who is a leaseholder on January 1, 1991.
(3) The lease, or any interest therein, may not be transferred,
bequeathed, hypothecated, encumbered, sublet, assigned, sold,
alienated, exchanged, or otherwise changed to the benefit of another
party. The leaseholder shall annually certify to the department that
he or she has not transferred, bequested, hypothecated, encumbered,
sublet, assigned, sold, alienated, or exchanged the lease for
consideration or by gift, or otherwise.
(4) If a lease is violated or breached by the leaseholder at any
time during the life of the leaseholder, the lease may be terminated
by the department within 30 days of the receipt by the department of
actual or constructive notice of the breach.
(b) All leases entered into pursuant to this section shall include
the following:
(1) A requirement for public access to navigable waters adjacent
to the lease properties.
(2) A provision prohibiting the introduction and cultivation of
exotic plant species and requiring existing exotic plant species to
be removed according to a plan developed by the department.
(3) A provision establishing the right of the department and
county employees to inspect the property for the purposes of
monitoring and enforcing the conditions of the lease.
(4) A provision requiring the lessee, within 60 days after the
lease is extended, and annually thereafter, to provide the department
with proof that (A) the lessee will remove the buildings and all
ancillary structures and facilities necessary to return the area to a
natural condition, or (B) the lessee has made arrangements for the
removal of the buildings and all ancillary structures and facilities
necessary to return the area to a natural condition, upon termination
of the lease.
(c) The department shall develop a plan for the removal of
nonnative plants from the island. The plan shall include, at a
minimum, the following:
(1) The type and location of nonnative plants.
(2) The relative threat that these plants pose to the natural
environment of the island.
(3) A time schedule for the leaseholders to remove the nonnative
plants within 200 yards of the leaseholders' structures.
(d) Proceeds from the leases of lands under the control of the
department on Lower Sherman Island shall be deposited in the Fish and
Game Preservation Fund and used for the purpose of enforcing and
monitoring those lease terms and managing the Lower Sherman Island
Wildlife area.
(e) The department shall, on or before July 31, 1991, and annually
thereafter, review all leases of land subject to subdivision (a)
under the control of the department and, as soon as possible, charge
the fair market rate on those leases of land.