Section 13014 Of Chapter 1. State From California Fish And Game Code >> Division 10. >> Chapter 1.
13014
. (a) There are hereby established, initially in the Special
Deposit Fund, continued in existence by Section 16370 of the
Government Code, both of the following accounts:
(1) The Fish and Game Mitigation and Protection Endowment
Principal Account. The department shall deposit in this account the
endowment funds received by the department pursuant to an agreement
described in subdivision (b) and all earnings generated thereon. The
earnings shall be available to the department, upon appropriation by
the Legislature, to fund long-term management, enhancement,
monitoring, and enforcement activities on habitat lands in a manner
consistent with the terms of the underlying agreement.
(2) The Fish and Game Mitigation and Protection Expendable Funds
Account. The department shall deposit in this account moneys received
pursuant to an agreement described in subdivision (b) that are not
endowment funds and that are designated for expenditure for the
purposes described in paragraph (2) of that subdivision.
Notwithstanding Section 13340 of the Government Code, the moneys in
the account established by this paragraph are hereby continuously
appropriated to the department for expenditure without regard to
fiscal year, for the purposes described in this section.
(b) (1) The department may deposit moneys into the accounts
established pursuant to subdivision (a) that it receives pursuant to
any of the following, if those moneys are received for the purposes
described in paragraph (2):
(A) Agreements or permits pursuant to the Natural Communities
Conservation Planning Act (Chapter 10 (commencing with Section 2800)
of Division 3).
(B) Conservation bank agreements.
(C) Habitat conservation implementation agreements.
(D) Incidental take permits.
(E) Legal or other written settlements.
(F) Mitigation agreements.
(G) Streambed or lakebed alteration agreements.
(H) Trust agreements.
(2) The department may deposit the moneys received pursuant to an
agreement described in paragraph (1) in an account established by
this section only if it receives those moneys for at least one of the
following purposes:
(A) Mitigating the adverse biological impacts of a specific
project, activity, spill, or release.
(B) Protecting, conserving, restoring, enhancing, managing, and
maintaining fish, wildlife, native plants, or their habitats.
(c) While the Fish and Game Mitigation and Protection Endowment
Principal Account and the Fish and Game Mitigation and Protection
Expendable Funds Account are initially established in the Special
Deposit Fund within the Pooled Money Investment Account, the
Treasurer's office shall, at the department's request, transfer these
funds from the Pooled Money Investment Account to another account
within the State Treasury system to increase earnings over time while
providing adequate liquidity. If either or both of these accounts
are transferred from the Pooled Money Investment Account, assets in
the transferred account or accounts may be held and invested in any
of the investments identified in Section 16430 of the Government
Code, except that the maturity date of commercial paper may exceed
the limits set forth in Section 16430 of the Government Code. These
investments shall be made as determined and directed by the
department.
(d) To develop and maintain the investment strategy for these
accounts, the department may retain investment advisers deemed
acceptable to the Treasurer.