Article 7. The California Waterfowl Habitat Program of California Fish And Game Code >> Division 4. >> Part 1. >> Chapter 2. >> Article 7.
(a) Subject to appropriation pursuant to Section 3467, the
director may enter into contracts with nonpublic entities which are
owners of record, or with lessees, who have the owners of record
execute the contract, of land determined by the director to be
important for the conservation of waterfowl. The contract shall
enforceably restrict the use of the land for the conservation of
waterfowl and their habitat consistent with Section 8 of Article XIII
of the California Constitution.
(b) The director shall give priority to contracts that have the
greatest potential for restoring, enhancing, and protecting high
quality waterfowl habitat, especially that which is subject to
destruction, drastic modification, or significant curtailment of
(c) Contracts entered into pursuant to this section are not
subject to Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code.
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
(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
(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
(a) Not later than 20 days after the director has entered
into a contract pursuant to this division, a copy of the contract
particularly describing the subject habitat as required by
subdivision (a) of Section 3461 shall be recorded by the department
in the office of the county recorder in each county in which any
portion of the areas subject to the contract is located. The contract
shall be indexed by the recorder in the grantor-grantee index to the
name of the owner of record as grantor and to the department as
(b) Notwithstanding Section 27383 of the Government Code, the
department shall pay the fees for recording and indexing the
contract, and the department shall deduct the amount paid from the
amounts due to the owner under the contract.
The contract shall be automatically renewed in the same
manner as contracts are renewed and extended, or noticed for
nonrenewal, under the Williamson Act (Chapter 7 (commencing with
Section 51200) of Division 1 of Title 5 of the Government Code). Upon
the request of the owner or lessee, the director shall reexamine the
payment rate for the contract at five-year intervals, considering
the then current management costs and, with the concurrence of the
owner or lessee, make any needed adjustments in rates for the
remainder of the contract term.
(a) If during the contract period the owner or lessee is
divested of the use of the waterfowl habitat subject to the contract,
the owner or lessee shall notify the department concurrent with that
divestment. Any unearned payment shall immediately be refunded by
the owner or lessee to the department.
(b) If the owner or lessee divests himself or herself of the use
of the area subject to a contract by sale or otherwise, the person
succeeding to that use is subject to all of the terms and conditions
of the contract.
The director and the owner or lessee may mutually agree to
modify the terms and conditions of a contract under this division as
the director may determine to be desirable to carry out the purposes
of, or to facilitate administration of, the program.
The California Waterfowl Habitat Preservation Account is
hereby created in the Fish and Game Preservation Fund, and the money
in the account shall be transferred to the Surplus Money Investment
Fund for investment pursuant to Article 4 (commencing with Section
16470) of Chapter 3 of Division 4 of Title 2 of the Government Code.
The proceeds of the investment deposited in the account shall be
available, upon appropriation by the Legislature, for expenditure
pursuant to this article. However, not more than 7 percent of the
money appropriated from the account for expenditure in any fiscal
year shall be expended in that fiscal year for administrative costs
of the department.