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Statutes > California > Prc > 4790-4799.04

PUBLIC RESOURCES CODE
SECTION 4790-4799.04



4790.  The Legislature finds and declares that:
   (a) Forest lands, while often managed to produce wood fiber for
building materials and paper manufacture, also provide public
benefits, including employment opportunities in both rural and urban
areas, renewable energy, protection and enhancement of air, water,
and soil resources, fish and wildlife habitat, and opportunities for
aesthetic and recreational enjoyment.
   (b) Historically, substantial areas of forest land were not
reforested or otherwise managed for optimum production of forest
resources following harvest operations, wildfires, unsuccessful
attempts to clear the land for other uses, or damage by insects,
disease, or other natural catastrophes. As a result, an estimated
five million acres of public and private forest land in the state are
producing substantially less forest resources than their potential.
These areas are inadequately stocked with trees or are occupied by
damaged or diseased trees or species of less value for sawtimber and
other forest products. Some lands also have suffered from or are
threatened with depletion by soil erosion. Water quality and quantity
has suffered and fish habitats have also been adversely affected. In
areas where forest regeneration has occurred, the present forest
stand would often produce significantly greater timber supplies if
thinning or other forest improvement investments were made.
   (c) Future demand for timber supplies and other demands for forest
resources are likely to rise substantially. Future supplies of these
renewable resources are presently estimated to decline for a period
and then to recover, but at a rate significantly slower than the rate
of increase in demand.
   (d) Wood waste products and tree or shrub species not normally
utilized to produce building materials can provide opportunities for
an alternative means to generate electrical energy or could be
converted to solid, gaseous, or liquid fuels for transport or
industrial use. Future supplies of wood products not usable for
building materials, and, therefore potentially available for energy
production, will be increased if forest resource improvements are
made.
   (e) The forest efficiently captures and stores solar energy. Wood
products can be produced with a significantly lower energy cost than
most competing substitutes. This disparity is likely to increase in
the future.
   (f) A relatively small amount of forest land is currently being
reforested, other than pursuant to the stocking requirements of the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2) applicable following timber harvesting.
Obstacles to private investments in reforesting or improving forest
lands include: the extraordinarily long time required for such
investments to produce income; the risk of loss due to fire, insect,
or disease; lack of necessary forestry expertise or knowledge of the
potential benefits of improved forest resource management; the
difficulty of transferring capital invested in forest resource
improvements to other investment opportunities or otherwise using the
funds for other needs once the initial investment has been made; and
the fact that some forest resource investments, including erosion
control measures, may not produce any income recognizable to the
landowner.
   (g) Over one-half of the privately owned, commercial forest land
in the state is owned by nonindustrial landowners. Forest resources
that can be provided by these lands will be increasingly important in
the future. Yet the owners of these lands often lack forestry
expertise, economic incentive, or capital needed to make investments
to increase present and future availability of forest resource
benefits from their lands.
   (h) Investments in public and private forest land are essential if
adequate future timber supplies are to be available and if the
forest resource system of soil, air, water, and vegetative and animal
life is to be maintained in a productive condition for the future.
These investments will also lessen fire hazards and improve watershed
protection following catastrophic destruction of forests and other
vegetative cover by fire, wind, flood, insects, disease, and other
causes.
   (i) Failure to make the necessary investments will lead to higher
prices for increasingly scarce forest products, lower rural and urban
employment in the forest products and related industries and
businesses, and the loss or diminished value of soils and other
forest resources.
   (j) Forest resource improvements made pursuant to this chapter
serve a public purpose and will promote the health, welfare, and
economic security of the citizens of the state.



4790.5.  The Legislature further declares that, except as
specifically provided in this chapter the state shall not claim any
right, title, or interest in the land, trees, or other vegetation
which are the subject of a forest resource improvement project
undertaken pursuant to this chapter. When carrying out this chapter,
the director shall encourage the use of goods and services available
through private forest nurseries, reforestation contractors, private
forest consultants, or others in the business of undertaking forest
resource improvement work.


4791.  The purpose of this chapter is to encourage private and
public investments in, and an improved management of, forest lands
and resources within the state to ensure adequate future high quality
timber supplies, related employment and other economic benefits, and
the protection, maintenance, and enhancement of a productive and
stable forest resource system for the benefit of present and future
generations.
   The primary emphasis of the program established by this chapter
shall be upon improving the timber productivity of forest lands in
the state; provided, that consistent with this primary goal, the
program shall also be managed to improve all forest resources, such
as fish and wildlife habitat and soil resources, so that the overall
effect of the program is to improve the total forest resource system.




4792.  In furtherance of the purposes of this chapter, the
department is authorized to enter into agreements and make loans and
otherwise carry out the purposes of this chapter. The forestry
assistance program conducted by the department shall encourage forest
resource improvements and otherwise facilitate good forest land
management through a program of financial, technical, and educational
assistance, as well as through applied research. The purpose of this
program shall be to work cooperatively with private landowners,
particularly smaller nonindustrial landowners, to upgrade the
management of their lands, and, therefore, improve both the
productivity of the land and the degree of protection and enhancement
of the forest resource system as a whole. The department is further
authorized to encourage and cooperate with efforts by the forestry
industry and federal government to improve the management of forest
lands within the state, particularly lands owned by nonindustrial
owners, through advisory services or other actions. The director
shall work cooperatively with other private and public entities and
persons, including tree nursery operators, when carrying out this
part.


4793.  As used in this chapter:
   (a) "A county with high unemployment" means a county with an
annual unemployment rate, as reported by the Employment Development
Department, higher than the mean annual unemployment rate of "rate
adjustment counties" as defined pursuant to the Timber Yield Tax Law
(Part 18.5 (commencing with Section 38101) of Division 2 of the
Revenue and Taxation Code).
   (b) "Eligible landowner" means any person who meets the conditions
set forth in Sections 4797 and 4799. Where ownership of forest land
and timber is not held by the same person, "landowner" means either
the person or persons owning the land or the person or persons owning
the timber.
   (c) "Fish and wildlife habitat improvements" means measures
designed to protect, maintain, or enhance fish and wildlife habitat
including, but not limited to, stream clearance, reestablishment of
desirable vegetation along stream channels and elsewhere, measures to
encourage habitat diversity, restoration of anadromous fisheries,
and forest road repair and upgrading that protect, maintain, or
enhance fish and wildlife habitat.
   (d) "Followup work" means forest resource improvement work
necessary to promote the survival of seed or seedlings planted, or
protection or enhancement of other work undertaken, as part of a
prior forest resource improvement project pursuant to this chapter.
   (e) "Forest land" means land at least 10 percent occupied by trees
of any size that are native to California, including native oaks, or
formerly having had that tree cover and not currently zoned for uses
incompatible with forest resource management.
   (f) "Forest land conservation measures" means measures designed to
protect, maintain, or enhance the forest resource system, including
soil and watershed values, diversity of forest species, and
protection of a forest stand from fire. These measures include
thinning, shaded fuel breaks, and other land treatments or forest
resource improvement projects consistent with Section 4794.
   (g) "Forest land with demonstrated potential for improved forest
resource management" means forest land that could produce
significantly greater forest resource benefits if forest resource
improvement work was carried out and that is not managed for uses
incompatible with forest resource management.
   (h) "Forest resources" means those uses and values associated with
forest land, including fish, forage, recreation and aesthetics,
soils, timber, watershed, wilderness, and wildlife.
   (i) "Forest resource system" means the interdependent system of
air, water, solar energy, and forest resources, as defined by
subdivision (h).
   (j) "Forest resource improvement work" means the forest resource
improvement measures enumerated in Section 4794 for which assistance
is authorized pursuant to this chapter.
   (k) "Forest resource improvement project" means a project
undertaken pursuant to Section 4795 or a loan made pursuant to
Section 4796.
   (l) "Management plan" means a long-term forest and land management
plan submitted to the director pursuant to Section 4799.
   (m) "Person" includes:
   (1) Any private individual, organization, partnership, limited
liability company, or corporation.
   (2) Except for the purposes of Section 4795 and subdivision (a) of
Section 4796, any city, county, or district.
   (n) "Prevailing rate" means the average annual rate earned by the
state on moneys deposited in the Pooled Money Investment Account in
the General Fund.
   (o) "Reforestation" means planting of tree seedlings, cuttings, or
seed.
   (p) "Restocked" means stocking to the degree required by the Z'
berg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with
Section 4511) of Part 2.
   (q) "Small business entity" means a business enterprise, including
a landowner, with five hundred thousand dollars ($500,000) or less
annual gross revenue.
   (r) "Smaller nonindustrial landowners" means owners of 5,000 acres
or less of forest land.
   (s) "Uses incompatible with forest resource management" means uses
not listed in subdivision (h) of Section 51104 or Section 51111 of
the Government Code by the city or county in which the parcel subject
to a forest resource improvement project lies.
   (t) "Young growth stand improvement" means precommercial thinning
or weeding of young growth stands to provide more growing space and
release of young trees from competing vegetation.



4794.  (a) Agreements may be entered into and loans may be made by
the director pursuant to this chapter for all of the following
purposes:
   (1) Preparation of management plans for forest land.
   (2) Site preparation.
   (3) Planting and costs of seeds and seedlings.
   (4) Young growth stand improvement.
   (5) Forest land conservation measures.
   (6) Fish and wildlife habitat improvement.
   (7) Followup work.
   Consistent with this section, the director shall prepare, and
submit to the board for its review and approval, guidelines further
specifying the scope of forest resource improvement work for which
agreements may be entered into or loans made pursuant to this
chapter.
   (b) Proposed forest resource improvement projects may combine work
described in paragraphs (1) to (7), inclusive, of subdivision (a).
Projects shall include work described in paragraphs (1) to (7),
inclusive, of subdivision (a) to be eligible for a cost-sharing
agreement signed pursuant to Section 4795 or a loan made pursuant to
Section 4796.
   (c) Projects for forest resource improvement subsequent to
harvesting subject to the Z'berg-Nejedly Forest Practice Act of 1973,
Chapter 8 (commencing with Section 4511) of Part 2, shall not be
eligible for agreements executed pursuant to Section 4795 or loans
made pursuant to Section 4796 of this chapter unless either of the
following occur:
   (1) The land has been restocked and the established forest growth
has subsequently been adversely affected by fire, wind, flood,
insects, disease, or other natural causes.
   (2) The work to be undertaken is not otherwise required to be
carried out pursuant to the Z'berg-Nejedly Forest Practice Act of
1973, Chapter 8 (commencing with Section 4511) of Part 2.



4795.  (a) The director may enter into agreements with eligible
landowners pursuant to which the landowner will undertake forest
resource improvement work in return for an agreement by the director
to share the cost of carrying out such work. The director is
authorized to share up to 90 percent of the lesser of either:
   (1) The landowner's actual cost per acre to accomplish the work.
   (2) The prevailing per acre cost as determined by the director
pursuant to Section 4799.02.
   (b) The director shall prepare a schedule of cost share
percentages applicable to agreements undertaken pursuant to this
section. Required landowner cost share contributions may be made in
the form of materials, services, or equipment as well as funds. The
cost share percentage schedule shall set forth the percentage of
required landowner's project cost share for various categories of
forest resource improvement projects. The percentage of cost sharing
required of the landowner may be decreased if the ownership contains
less than 500 acres.
   (c) The percentage of cost sharing required of the landowner may
also be decreased to the extent that:
   (1) The project or other actions of the landowner would increase
recreational opportunities for the public.
   (2) The project would provide relatively more employment
opportunities than other proposed projects.
   (3) Forest land conservation measures or fish or wildlife habitat
improvements are included in the project.
   (d) Consistent with the criteria set forth in subdivisions (b) and
(c), the director shall submit a schedule further specifying cost
share percentages to the board for its review. The schedule shall
apply to all agreements made pursuant to this section unless the
board acts to change the schedule within 75 days of its submission by
the director.


4795.5.  A forest landowner who has entered into an undue hardship
agreement with the Controller for the payment of inheritance taxes
pursuant to Section 14143.5 of the Revenue and Taxation Code may
apply annually to the director for a grant in the amount of 50
percent of the interest due on the annual installment paid in the
current calendar year. To be eligible for such a grant the forest
landowner must show that his or her forest land is subject to either:
   (a) The provisions of a timberland production zone, pursuant to
Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1
of Title 5 of the Government Code; provided, that no petition is
under consideration while the grant is being administered for
rezoning pursuant to Section 51120 of the Government Code or
immediate rezoning pursuant to Section 51130 of the Government Code.
   (b) A contract pursuant to paragraph (2) of subdivision (e) of
Section 4797.
   The annual installment must be paid on or before the anniversary
date of the first installment payment, or the eligible landowner
shall be disqualified from receiving a grant pursuant to this
section. The eligible landowner shall apply to the director
subsequent to the current calendar year, in such form as the director
may prescribe, and shall include proof of agreement with the
Controller pursuant to Section 14143.5 of the Revenue and Taxation
Code, proof of payment of the current calendar year's annual
installment of inheritance taxes, and the amount of the installment
payment which constituted interest. An eligible landowner who meets
the requirements of this subdivision shall be deemed as having
submitted an approved application. Within 60 days after receipt of an
approved application, the director shall send to the eligible
landowner by certified mail a check in the appropriate amount.




4796.  The director may make the following types of loans relating
to forest resource improvement projects:
   (a) The director may make loans for forest resource improvement
work to cover all or part of the landowner's cost share payment
required pursuant to Section 4795. Any loan made pursuant to this
subdivision may be made for a term not exceeding 20 years and shall
bear interest at the prevailing rate. In order to secure repayment of
the loan, such forest resource improvement loans shall be secured by
a mortgage or deed of trust upon the parcel of land to which the
forest improvement project applies. The director shall record the
mortgage or deed of trust in the office of the county recorder in the
county in which the real property subject to such resource
improvement loan is located.
   (b) The director may make loans for forest resource improvement
work to landowners eligible pursuant to the provisions of subdivision
(d) of Section 4797 for up to 100 percent of the lesser of either:
   (1) The landowner's actual cost per acre to accomplish the work.
   (2) The prevailing cost per acre as determined by the director
pursuant to Section 4799.02.
   Any loan made pursuant to this subdivision may be made for a term
not exceeding 20 years and shall bear interest at the prevailing
rate. In order to secure repayment of the loan, such forest resource
improvement loans shall be secured by a mortgage or deed of trust
upon the parcel of land to which the forest improvement project
applies. The director shall record the mortgage or deed of trust in
the office of the county recorder in the county in which the real
property subject to such resource improvement loan is located.
   (c) Any loan made pursuant to this section may be paid prior to
the maturity date set forth in the loan agreement without an interest
penalty being charged to the landowner.
   (d) Payment of all or part of the principal and interest due under
loans made pursuant to this chapter shall not be required upon a
finding by the board that the parcel to which a forest resource
improvement project applies, and which is subject to a loan:
   (1) Has been substantially damaged by fire, flood, insects,
disease or other natural causes; and
   (2) The damage was not caused by the negligence or willful act of
the landowner.


4797.  To be eligible for participation in an agreement pursuant to
Section 4795 or loan pursuant to Section 4796, the following
conditions must be met:
   (a) The application requirements of Section 4799 are satisfied.
   (b) The landowner is a person owning forest land. Where the land
is owned jointly by more than one individual, group, association, or
corporation, as joint tenants, tenants in common, tenants by the
entirety, or otherwise, the joint owners shall be considered, for the
purposes of this chapter, as one eligible landowner.
   (c) With respect to cost-sharing agreements made pursuant to
Section 4795 or loans made pursuant to subdivision (a) of Section
4796, the amount of forest land in the state within the ownership of
the landowner is 5,000 acres or less.
   (d) With respect to loans made pursuant to subdivision (b) of
Section 4796, the acreage of the parcel to which the proposed forest
resource improvement project applies, together with the acreage
included in any other such project subject to an agreement or loan
executed or made pursuant to this chapter during the same fiscal
year, does not exceed 500 acres; provided, that this limit shall not
apply to forest resource improvement projects on lands that have been
substantially damaged by fire, flood, insects, disease, or other
natural causes within 36 months of submission of an application
pursuant to this chapter.
   (e) The parcel of forest land to which the forest resource
improvement project applies is either:
   (1) Within a timber preserve zone established pursuant to the
provisions of Chapter 6.7 (commencing with Section 51100) of Part 1
of Division 1 of Title 5 of the Government Code; provided, that the
parcel of forest land is not the subject of an application for
rezoning or immediate rezoning pursuant to Section 51120 or 51130 of
the Government Code.
   (2) Subject to a contract signed by the landowner providing that
the owner agrees not to develop the land for uses incompatible with
forest resource management within 10 years following execution of an
agreement pursuant to Section 4795 or the making of a loan pursuant
to Section 4796. The director shall record the contract in the office
of the county recorder in the county in which such parcel of land is
located and, upon recordation, the contract shall be binding upon
any person to whom such parcel of land is sold, assigned, devised, or
otherwise transferred by agreement or operation of law.



4797.5.  (a) Any cost share payments advanced pursuant to Section
4795 shall be refunded to the director in the event of either:
   (1) The filing of an application for rezoning or immediate
rezoning pursuant to Section 51120 or 51130 of the Government Code
within 10 years of the date an agreement was signed pursuant to
Section 4795.
   (2) A violation of the contract entered into pursuant to
subdivision (e) of Section 4797.
   The refund shall bear interest at the prevailing rate from the
time of the violation as specified in clause (1) or (2) of this
subdivision.
   (b) Any loan made pursuant to Section 4796 shall immediately
become due and payable in the event of either:
   (1) The filing of an application for rezoning or immediate
rezoning pursuant to Section 51120 or 51130 of the Government Code
within 10 years of the making of a loan pursuant to Section 4796.
   (2) A violation of the contract entered into pursuant to
subdivision (f) of Section 4797.
   The refund shall bear interest at the prevailing rate from the
time of the violation as specified in clause (1) or (2) of this
subdivision.
   (c) Upon failure by the landowner to refund such payments or
loans, the director may place a lien upon the parcel of property to
which a forest resource improvement project applied. The director
shall record such lien at the appropriate county office.




4798.  Cost share payments or loans pursuant to this chapter may be
made for forest resource improvement work which is also the subject
of payments or other assistance provided pursuant to federal law;
provided, that payments or loans may not be made pursuant to this
chapter to satisfy landowner cost share requirements of, or repay
loans received pursuant to federal law; and provided, further, that
the combined state and federal payments, and any required landowner
cost share payments, do not together exceed the amount of the actual
cost to the landowner or the prevailing cost per acre as determined
by the director pursuant to Section 4801, whichever is less.



4799.  In addition to the requirements of Section 4797, to be
eligible to participate in agreements pursuant to Section 4795, or
receive loans pursuant to Section 4796, the landowner shall do all of
the following:
   (a) Submit a long-term forest and land management plan for
approval by the director. In the event that the proposed project
includes preparation of the management plan, the plan need not be
completed at the time of application; provided, that no other forest
resource improvement project on forest lands within the same
ownership not covered by a management plan may be approved by the
director until the management plan has been approved pursuant to this
subdivision. The plan shall cover all forest lands within the same
ownership which include or are contiguous to the parcel to which a
proposed forest resource improvement project applies. The plan shall
set forth an analysis of forest land conditions and capabilities,
including its original forest type if determinable. The plan shall
describe the landowner's management objectives and shall provide for
the eventual harvest of sawtimber within a reasonable period of time,
as determined by the preparer of the plan. The plan shall also
describe the forest resource improvement work and other measures
necessary to do all of the following:
   (1) Protect, maintain, and enhance the forest resource system.
   (2) Prevent or mitigate erosion, deterioration of soil resources,
and pollution by natural and manmade causes.
   (3) Optimize the timber growth potential of the land consistent
with maintaining the productivity of related forest resources now and
in the future.
   The plan shall be prepared or approved as to content by a
registered professional forester. Such a plan, when approved by the
director, shall fulfill the requirements of paragraph (2) of
subdivision (c) of Section 51113 of the Government Code. Consistent
with this section, the director shall prepare, and submit to the
board for its review and approval, guidelines specifying the factors
to be considered and information which should be included in
management plans submitted pursuant to this section.
   (b) Submit a project application in the form prescribed by the
director containing such information as the director deems necessary
to evaluate the proposed forest resource improvement project.
   (c) Agree to comply with state or federal laws applicable to the
work carried out pursuant to the proposed forest resource improvement
project.
   (d) Agree to comply with such forest land conservation measures
and fish and wildlife habitat protection guidelines as may be set
forth as part of the cost-sharing agreement or loan agreement
executed pursuant to Section 4795 or 4796. Such measures shall be
designed to insure that work carried out pursuant to such agreements
is conducted in a manner to protect, enhance, and maintain the forest
resource system to the greatest degree feasible. In the event that
required land conservation measures or fish and wildlife habitat
protection guidelines are not followed and significant damage to the
forest resources occurs as a result, the director may take corrective
action in accordance with the procedures of Sections 4607, 4608,
4609, 4610, and 4611.


4799.01.  (a) When allocating available funds among projects
proposed pursuant to this chapter, the director shall select those
projects that, in the judgment of the director, produce the greatest
public benefit, giving consideration to both of the following
factors:
   (1) The need for and potential benefits of forest resource
establishment or improvement were the project to be undertaken.
   (2) The need for and potential benefits to long-term production,
maintenance, and enhancement of the forest resource system resulting
from forest land conservation measures, fish and wildlife habitat
improvements, or other work.
   (b) The director shall give increased preference to projects to
the extent that the project applies to forest land that has been
substantially damaged by fire, flood, insects, disease, or other
natural causes within 36 months of submission of an application
pursuant to this chapter.
   (c) The director shall also give preference to projects to the
extent that each of the following factors are present:
   (1) The project involves a substantial amount of followup work.
   (2) The project or other actions of the landowner would increase
recreational opportunities for the public.
   (3) The forest land to which the project applies is equivalent to
site quality III or better.
   (4) The project would provide relatively more employment
opportunities than other proposed projects.
   (5) The project is located in a county with high unemployment.
   (6) A small business entity will carry out the proposed project.
   (d) Consistent with the criteria set forth in subdivisions (a),
(b), and (c), the director shall prepare and submit to the board
proposed guidelines further specifying the criteria for evaluation
and approval of forest resource improvement projects. The board shall
review, approve, or amend the guidelines that the director shall
follow when carrying out this chapter.
   (e) The director shall establish, in consultation with interested
persons or agencies and with the review and approval of the board,
procedures for the review of proposed forest resource improvement
projects. Those procedures shall insure that department specialists
and other specialists in the areas of water quality, erosion control,
and fish and wildlife protection are integrated into the review of
proposed forest resource improvement projects.
   (f) No allocation of funds pursuant to this chapter shall, in any
fiscal year, exceed the total amount expended during the 1999-2000
fiscal year until the completion, review, and final approval by the
board of an updated management plan for the Jackson Demonstration
State Forest that complies with applicable state and federal law.



4799.02.  To carry out the provisions of this chapter and to
facilitate participation in the program authorized by this chapter,
the director may promulgate such regulations, guidelines, or
publications as the director deems appropriate. Such regulations,
guidelines, or publications shall be submitted to the board for
review or approval when required by this chapter and, even if not
required, when deemed appropriate by the director for his or her
guidance. Regulations, guidelines, or publications shall specify:
   (a) The scope of forest resource improvement work, as described by
Section 4794, for which agreements may be entered into or loans made
pursuant to Section 4795 or 4796.
   (b) The prevailing cost of performing various types and methods of
forest resource improvement work under various site conditions
throughout the forest land of the state, as required by Sections 4795
and 4796.
   (c) Cost share percentage schedules as required by Section 4795.
   (d) Procedures to be followed in the event of a violation of a
cost-sharing or loan agreement pursuant to Section 4795 or 4796 or
default of payment of loan principal or interest pursuant to Section
4796.
   (e) Consistent with subdivision (g) of Section 4793, criteria to
determine forest lands which have demonstrated potential for improved
forest resource management and may, therefore, be eligible for
forest resource improvement projects under the provisions of
paragraph (2) of subdivision (e) of Section 4797.
   (f) Factors to be considered and information which should be
included in management plans submitted pursuant to Section 4799.
   (g) A standard application form for forest resource improvement
projects submitted under Section 4795 or 4796.
   (h) Forest land conservation measures and fish and wildlife
habitat protection guidelines to be followed in the performance of
forest resource improvement projects work as provided by Section
4799.
   (i) Guidelines for evaluation and approval of proposed forest
resource improvement projects as required by subdivision (d) of
Section 4799.01.
   (j) Procedures for the review by the director and interested
persons or agencies of proposed forest resource improvement projects
pursuant to subdivision (e) of Section 4799.01.
   (k) Such other matters as the director deems necessary for the
effective administration of the provisions of this chapter.



4799.03.  (a) The director shall work cooperatively with other
public agencies of local, state, and federal government to encourage
such agencies to undertake forest resource improvement work and
otherwise accomplish the purposes of this chapter. The director is
authorized to enter into contracts or cooperative agreements with
such agencies to provide:
   (1) Technical assistance.
   (2) Necessary supervisorial personnel.
   (3) Tree seed, tree cuttings, or seedlings.
   (4) Necessary equipment.
   (5) Such other assistance as may be necessary and appropriate to
accomplish the purposes of this chapter.
   (b) In carrying out the provisions of this chapter, the director
shall cooperate with the Employment Development Department, the
California Conservation Corps, the Cooperative Extension, resource
conservation districts, industry, and other interested agencies or
persons for the purpose of training needed workers and facilitating
wherever feasible the creation of forest resources improvement work
opportunities. The department or other state agencies are authorized
to utilize state lands for the purposes of carrying out needed
training pursuant to this subdivision.
   (c) The director shall also endeavor to work cooperatively with
other persons and public agencies to provide opportunities for
voluntary, unpaid forest resources improvement work by persons who
may be interested in volunteering for such work.



4799.04.  To effectuate the purposes of this chapter, the department
is authorized to:
   (a) Collect or contract for adequate supplies of high-quality seed
and take whatever steps are necessary to insure to the maximum
degree feasible that seeds or seedlings planted as part of forest
resource improvement projects undertaken pursuant to this chapter are
adapted to the planting site and measures are taken to assure
appropriate diversity of forest species.
   (b) Contract for seedling production and, in cooperation with
other state, local, and federal agencies, encourage the production of
seedlings needed to accomplish reforestation in the state by small
business entities in or near areas where planting will be carried
out.
   (c) Provide technical assistance to private seedling nurseries and
conduct a program for certification of the quality and adaptability
of seeds and tree seedlings supplied for forest resource improvement
projects undertaken pursuant to this chapter.
   (d) Increase availability of genetically improved seed and
planting stock by expansion of seed orchards or other recognized tree
improvement techniques.
   (e) In cooperation with other public and private entities or
persons:
   (1) Conduct necessary research and take other appropriate measures
to protect the genetic integrity and diversity of forest tree
species, including, but not limited to, a seed depository.
   (2) Conduct research and make grants or enter into contracts or
cooperative agreements with public and private entities or persons
concerning measures to increase the contribution of trees to improve
the natural environment and economy of the state and measures to
otherwise accomplish the purposes of this chapter.
   (f) Purchase necessary equipment or materials and, in accordance
with the State Civil Service Act (commencing with Section 18570 of
the Government Code), appoint such deputies, officers, and other
employees as may be necessary.
   (g) In cooperation with other public and private entities and
persons, establish such training and educational programs as may be
appropriate to increase the number of workers with necessary skills
to carry out seed collection, seedling production, and forest
resource improvement projects.
   (h) To accept grants and donations of equipment, seedlings,
materials, or funds from any source for the purpose of supporting or
facilitating forest resource improvement work undertaken pursuant to
the provisions of this chapter. Any funds received shall be deposited
by the director in the Forest Resource Improvement Fund established
pursuant to Chapter 3 (commencing with Section 4799.13) of this part.
No federal funds received as part of the American Recovery and
Reinvestment Act (Public Law 111- 5) shall be deposited into the
Forest Resources Improvement Fund.
   (i) Waive the landowner cost sharing requirements of this chapter
if the funding source for the authorized forest improvement work
prohibits cost sharing requirements.


State Codes and Statutes

Statutes > California > Prc > 4790-4799.04

PUBLIC RESOURCES CODE
SECTION 4790-4799.04



4790.  The Legislature finds and declares that:
   (a) Forest lands, while often managed to produce wood fiber for
building materials and paper manufacture, also provide public
benefits, including employment opportunities in both rural and urban
areas, renewable energy, protection and enhancement of air, water,
and soil resources, fish and wildlife habitat, and opportunities for
aesthetic and recreational enjoyment.
   (b) Historically, substantial areas of forest land were not
reforested or otherwise managed for optimum production of forest
resources following harvest operations, wildfires, unsuccessful
attempts to clear the land for other uses, or damage by insects,
disease, or other natural catastrophes. As a result, an estimated
five million acres of public and private forest land in the state are
producing substantially less forest resources than their potential.
These areas are inadequately stocked with trees or are occupied by
damaged or diseased trees or species of less value for sawtimber and
other forest products. Some lands also have suffered from or are
threatened with depletion by soil erosion. Water quality and quantity
has suffered and fish habitats have also been adversely affected. In
areas where forest regeneration has occurred, the present forest
stand would often produce significantly greater timber supplies if
thinning or other forest improvement investments were made.
   (c) Future demand for timber supplies and other demands for forest
resources are likely to rise substantially. Future supplies of these
renewable resources are presently estimated to decline for a period
and then to recover, but at a rate significantly slower than the rate
of increase in demand.
   (d) Wood waste products and tree or shrub species not normally
utilized to produce building materials can provide opportunities for
an alternative means to generate electrical energy or could be
converted to solid, gaseous, or liquid fuels for transport or
industrial use. Future supplies of wood products not usable for
building materials, and, therefore potentially available for energy
production, will be increased if forest resource improvements are
made.
   (e) The forest efficiently captures and stores solar energy. Wood
products can be produced with a significantly lower energy cost than
most competing substitutes. This disparity is likely to increase in
the future.
   (f) A relatively small amount of forest land is currently being
reforested, other than pursuant to the stocking requirements of the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2) applicable following timber harvesting.
Obstacles to private investments in reforesting or improving forest
lands include: the extraordinarily long time required for such
investments to produce income; the risk of loss due to fire, insect,
or disease; lack of necessary forestry expertise or knowledge of the
potential benefits of improved forest resource management; the
difficulty of transferring capital invested in forest resource
improvements to other investment opportunities or otherwise using the
funds for other needs once the initial investment has been made; and
the fact that some forest resource investments, including erosion
control measures, may not produce any income recognizable to the
landowner.
   (g) Over one-half of the privately owned, commercial forest land
in the state is owned by nonindustrial landowners. Forest resources
that can be provided by these lands will be increasingly important in
the future. Yet the owners of these lands often lack forestry
expertise, economic incentive, or capital needed to make investments
to increase present and future availability of forest resource
benefits from their lands.
   (h) Investments in public and private forest land are essential if
adequate future timber supplies are to be available and if the
forest resource system of soil, air, water, and vegetative and animal
life is to be maintained in a productive condition for the future.
These investments will also lessen fire hazards and improve watershed
protection following catastrophic destruction of forests and other
vegetative cover by fire, wind, flood, insects, disease, and other
causes.
   (i) Failure to make the necessary investments will lead to higher
prices for increasingly scarce forest products, lower rural and urban
employment in the forest products and related industries and
businesses, and the loss or diminished value of soils and other
forest resources.
   (j) Forest resource improvements made pursuant to this chapter
serve a public purpose and will promote the health, welfare, and
economic security of the citizens of the state.



4790.5.  The Legislature further declares that, except as
specifically provided in this chapter the state shall not claim any
right, title, or interest in the land, trees, or other vegetation
which are the subject of a forest resource improvement project
undertaken pursuant to this chapter. When carrying out this chapter,
the director shall encourage the use of goods and services available
through private forest nurseries, reforestation contractors, private
forest consultants, or others in the business of undertaking forest
resource improvement work.


4791.  The purpose of this chapter is to encourage private and
public investments in, and an improved management of, forest lands
and resources within the state to ensure adequate future high quality
timber supplies, related employment and other economic benefits, and
the protection, maintenance, and enhancement of a productive and
stable forest resource system for the benefit of present and future
generations.
   The primary emphasis of the program established by this chapter
shall be upon improving the timber productivity of forest lands in
the state; provided, that consistent with this primary goal, the
program shall also be managed to improve all forest resources, such
as fish and wildlife habitat and soil resources, so that the overall
effect of the program is to improve the total forest resource system.




4792.  In furtherance of the purposes of this chapter, the
department is authorized to enter into agreements and make loans and
otherwise carry out the purposes of this chapter. The forestry
assistance program conducted by the department shall encourage forest
resource improvements and otherwise facilitate good forest land
management through a program of financial, technical, and educational
assistance, as well as through applied research. The purpose of this
program shall be to work cooperatively with private landowners,
particularly smaller nonindustrial landowners, to upgrade the
management of their lands, and, therefore, improve both the
productivity of the land and the degree of protection and enhancement
of the forest resource system as a whole. The department is further
authorized to encourage and cooperate with efforts by the forestry
industry and federal government to improve the management of forest
lands within the state, particularly lands owned by nonindustrial
owners, through advisory services or other actions. The director
shall work cooperatively with other private and public entities and
persons, including tree nursery operators, when carrying out this
part.


4793.  As used in this chapter:
   (a) "A county with high unemployment" means a county with an
annual unemployment rate, as reported by the Employment Development
Department, higher than the mean annual unemployment rate of "rate
adjustment counties" as defined pursuant to the Timber Yield Tax Law
(Part 18.5 (commencing with Section 38101) of Division 2 of the
Revenue and Taxation Code).
   (b) "Eligible landowner" means any person who meets the conditions
set forth in Sections 4797 and 4799. Where ownership of forest land
and timber is not held by the same person, "landowner" means either
the person or persons owning the land or the person or persons owning
the timber.
   (c) "Fish and wildlife habitat improvements" means measures
designed to protect, maintain, or enhance fish and wildlife habitat
including, but not limited to, stream clearance, reestablishment of
desirable vegetation along stream channels and elsewhere, measures to
encourage habitat diversity, restoration of anadromous fisheries,
and forest road repair and upgrading that protect, maintain, or
enhance fish and wildlife habitat.
   (d) "Followup work" means forest resource improvement work
necessary to promote the survival of seed or seedlings planted, or
protection or enhancement of other work undertaken, as part of a
prior forest resource improvement project pursuant to this chapter.
   (e) "Forest land" means land at least 10 percent occupied by trees
of any size that are native to California, including native oaks, or
formerly having had that tree cover and not currently zoned for uses
incompatible with forest resource management.
   (f) "Forest land conservation measures" means measures designed to
protect, maintain, or enhance the forest resource system, including
soil and watershed values, diversity of forest species, and
protection of a forest stand from fire. These measures include
thinning, shaded fuel breaks, and other land treatments or forest
resource improvement projects consistent with Section 4794.
   (g) "Forest land with demonstrated potential for improved forest
resource management" means forest land that could produce
significantly greater forest resource benefits if forest resource
improvement work was carried out and that is not managed for uses
incompatible with forest resource management.
   (h) "Forest resources" means those uses and values associated with
forest land, including fish, forage, recreation and aesthetics,
soils, timber, watershed, wilderness, and wildlife.
   (i) "Forest resource system" means the interdependent system of
air, water, solar energy, and forest resources, as defined by
subdivision (h).
   (j) "Forest resource improvement work" means the forest resource
improvement measures enumerated in Section 4794 for which assistance
is authorized pursuant to this chapter.
   (k) "Forest resource improvement project" means a project
undertaken pursuant to Section 4795 or a loan made pursuant to
Section 4796.
   (l) "Management plan" means a long-term forest and land management
plan submitted to the director pursuant to Section 4799.
   (m) "Person" includes:
   (1) Any private individual, organization, partnership, limited
liability company, or corporation.
   (2) Except for the purposes of Section 4795 and subdivision (a) of
Section 4796, any city, county, or district.
   (n) "Prevailing rate" means the average annual rate earned by the
state on moneys deposited in the Pooled Money Investment Account in
the General Fund.
   (o) "Reforestation" means planting of tree seedlings, cuttings, or
seed.
   (p) "Restocked" means stocking to the degree required by the Z'
berg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with
Section 4511) of Part 2.
   (q) "Small business entity" means a business enterprise, including
a landowner, with five hundred thousand dollars ($500,000) or less
annual gross revenue.
   (r) "Smaller nonindustrial landowners" means owners of 5,000 acres
or less of forest land.
   (s) "Uses incompatible with forest resource management" means uses
not listed in subdivision (h) of Section 51104 or Section 51111 of
the Government Code by the city or county in which the parcel subject
to a forest resource improvement project lies.
   (t) "Young growth stand improvement" means precommercial thinning
or weeding of young growth stands to provide more growing space and
release of young trees from competing vegetation.



4794.  (a) Agreements may be entered into and loans may be made by
the director pursuant to this chapter for all of the following
purposes:
   (1) Preparation of management plans for forest land.
   (2) Site preparation.
   (3) Planting and costs of seeds and seedlings.
   (4) Young growth stand improvement.
   (5) Forest land conservation measures.
   (6) Fish and wildlife habitat improvement.
   (7) Followup work.
   Consistent with this section, the director shall prepare, and
submit to the board for its review and approval, guidelines further
specifying the scope of forest resource improvement work for which
agreements may be entered into or loans made pursuant to this
chapter.
   (b) Proposed forest resource improvement projects may combine work
described in paragraphs (1) to (7), inclusive, of subdivision (a).
Projects shall include work described in paragraphs (1) to (7),
inclusive, of subdivision (a) to be eligible for a cost-sharing
agreement signed pursuant to Section 4795 or a loan made pursuant to
Section 4796.
   (c) Projects for forest resource improvement subsequent to
harvesting subject to the Z'berg-Nejedly Forest Practice Act of 1973,
Chapter 8 (commencing with Section 4511) of Part 2, shall not be
eligible for agreements executed pursuant to Section 4795 or loans
made pursuant to Section 4796 of this chapter unless either of the
following occur:
   (1) The land has been restocked and the established forest growth
has subsequently been adversely affected by fire, wind, flood,
insects, disease, or other natural causes.
   (2) The work to be undertaken is not otherwise required to be
carried out pursuant to the Z'berg-Nejedly Forest Practice Act of
1973, Chapter 8 (commencing with Section 4511) of Part 2.



4795.  (a) The director may enter into agreements with eligible
landowners pursuant to which the landowner will undertake forest
resource improvement work in return for an agreement by the director
to share the cost of carrying out such work. The director is
authorized to share up to 90 percent of the lesser of either:
   (1) The landowner's actual cost per acre to accomplish the work.
   (2) The prevailing per acre cost as determined by the director
pursuant to Section 4799.02.
   (b) The director shall prepare a schedule of cost share
percentages applicable to agreements undertaken pursuant to this
section. Required landowner cost share contributions may be made in
the form of materials, services, or equipment as well as funds. The
cost share percentage schedule shall set forth the percentage of
required landowner's project cost share for various categories of
forest resource improvement projects. The percentage of cost sharing
required of the landowner may be decreased if the ownership contains
less than 500 acres.
   (c) The percentage of cost sharing required of the landowner may
also be decreased to the extent that:
   (1) The project or other actions of the landowner would increase
recreational opportunities for the public.
   (2) The project would provide relatively more employment
opportunities than other proposed projects.
   (3) Forest land conservation measures or fish or wildlife habitat
improvements are included in the project.
   (d) Consistent with the criteria set forth in subdivisions (b) and
(c), the director shall submit a schedule further specifying cost
share percentages to the board for its review. The schedule shall
apply to all agreements made pursuant to this section unless the
board acts to change the schedule within 75 days of its submission by
the director.


4795.5.  A forest landowner who has entered into an undue hardship
agreement with the Controller for the payment of inheritance taxes
pursuant to Section 14143.5 of the Revenue and Taxation Code may
apply annually to the director for a grant in the amount of 50
percent of the interest due on the annual installment paid in the
current calendar year. To be eligible for such a grant the forest
landowner must show that his or her forest land is subject to either:
   (a) The provisions of a timberland production zone, pursuant to
Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1
of Title 5 of the Government Code; provided, that no petition is
under consideration while the grant is being administered for
rezoning pursuant to Section 51120 of the Government Code or
immediate rezoning pursuant to Section 51130 of the Government Code.
   (b) A contract pursuant to paragraph (2) of subdivision (e) of
Section 4797.
   The annual installment must be paid on or before the anniversary
date of the first installment payment, or the eligible landowner
shall be disqualified from receiving a grant pursuant to this
section. The eligible landowner shall apply to the director
subsequent to the current calendar year, in such form as the director
may prescribe, and shall include proof of agreement with the
Controller pursuant to Section 14143.5 of the Revenue and Taxation
Code, proof of payment of the current calendar year's annual
installment of inheritance taxes, and the amount of the installment
payment which constituted interest. An eligible landowner who meets
the requirements of this subdivision shall be deemed as having
submitted an approved application. Within 60 days after receipt of an
approved application, the director shall send to the eligible
landowner by certified mail a check in the appropriate amount.




4796.  The director may make the following types of loans relating
to forest resource improvement projects:
   (a) The director may make loans for forest resource improvement
work to cover all or part of the landowner's cost share payment
required pursuant to Section 4795. Any loan made pursuant to this
subdivision may be made for a term not exceeding 20 years and shall
bear interest at the prevailing rate. In order to secure repayment of
the loan, such forest resource improvement loans shall be secured by
a mortgage or deed of trust upon the parcel of land to which the
forest improvement project applies. The director shall record the
mortgage or deed of trust in the office of the county recorder in the
county in which the real property subject to such resource
improvement loan is located.
   (b) The director may make loans for forest resource improvement
work to landowners eligible pursuant to the provisions of subdivision
(d) of Section 4797 for up to 100 percent of the lesser of either:
   (1) The landowner's actual cost per acre to accomplish the work.
   (2) The prevailing cost per acre as determined by the director
pursuant to Section 4799.02.
   Any loan made pursuant to this subdivision may be made for a term
not exceeding 20 years and shall bear interest at the prevailing
rate. In order to secure repayment of the loan, such forest resource
improvement loans shall be secured by a mortgage or deed of trust
upon the parcel of land to which the forest improvement project
applies. The director shall record the mortgage or deed of trust in
the office of the county recorder in the county in which the real
property subject to such resource improvement loan is located.
   (c) Any loan made pursuant to this section may be paid prior to
the maturity date set forth in the loan agreement without an interest
penalty being charged to the landowner.
   (d) Payment of all or part of the principal and interest due under
loans made pursuant to this chapter shall not be required upon a
finding by the board that the parcel to which a forest resource
improvement project applies, and which is subject to a loan:
   (1) Has been substantially damaged by fire, flood, insects,
disease or other natural causes; and
   (2) The damage was not caused by the negligence or willful act of
the landowner.


4797.  To be eligible for participation in an agreement pursuant to
Section 4795 or loan pursuant to Section 4796, the following
conditions must be met:
   (a) The application requirements of Section 4799 are satisfied.
   (b) The landowner is a person owning forest land. Where the land
is owned jointly by more than one individual, group, association, or
corporation, as joint tenants, tenants in common, tenants by the
entirety, or otherwise, the joint owners shall be considered, for the
purposes of this chapter, as one eligible landowner.
   (c) With respect to cost-sharing agreements made pursuant to
Section 4795 or loans made pursuant to subdivision (a) of Section
4796, the amount of forest land in the state within the ownership of
the landowner is 5,000 acres or less.
   (d) With respect to loans made pursuant to subdivision (b) of
Section 4796, the acreage of the parcel to which the proposed forest
resource improvement project applies, together with the acreage
included in any other such project subject to an agreement or loan
executed or made pursuant to this chapter during the same fiscal
year, does not exceed 500 acres; provided, that this limit shall not
apply to forest resource improvement projects on lands that have been
substantially damaged by fire, flood, insects, disease, or other
natural causes within 36 months of submission of an application
pursuant to this chapter.
   (e) The parcel of forest land to which the forest resource
improvement project applies is either:
   (1) Within a timber preserve zone established pursuant to the
provisions of Chapter 6.7 (commencing with Section 51100) of Part 1
of Division 1 of Title 5 of the Government Code; provided, that the
parcel of forest land is not the subject of an application for
rezoning or immediate rezoning pursuant to Section 51120 or 51130 of
the Government Code.
   (2) Subject to a contract signed by the landowner providing that
the owner agrees not to develop the land for uses incompatible with
forest resource management within 10 years following execution of an
agreement pursuant to Section 4795 or the making of a loan pursuant
to Section 4796. The director shall record the contract in the office
of the county recorder in the county in which such parcel of land is
located and, upon recordation, the contract shall be binding upon
any person to whom such parcel of land is sold, assigned, devised, or
otherwise transferred by agreement or operation of law.



4797.5.  (a) Any cost share payments advanced pursuant to Section
4795 shall be refunded to the director in the event of either:
   (1) The filing of an application for rezoning or immediate
rezoning pursuant to Section 51120 or 51130 of the Government Code
within 10 years of the date an agreement was signed pursuant to
Section 4795.
   (2) A violation of the contract entered into pursuant to
subdivision (e) of Section 4797.
   The refund shall bear interest at the prevailing rate from the
time of the violation as specified in clause (1) or (2) of this
subdivision.
   (b) Any loan made pursuant to Section 4796 shall immediately
become due and payable in the event of either:
   (1) The filing of an application for rezoning or immediate
rezoning pursuant to Section 51120 or 51130 of the Government Code
within 10 years of the making of a loan pursuant to Section 4796.
   (2) A violation of the contract entered into pursuant to
subdivision (f) of Section 4797.
   The refund shall bear interest at the prevailing rate from the
time of the violation as specified in clause (1) or (2) of this
subdivision.
   (c) Upon failure by the landowner to refund such payments or
loans, the director may place a lien upon the parcel of property to
which a forest resource improvement project applied. The director
shall record such lien at the appropriate county office.




4798.  Cost share payments or loans pursuant to this chapter may be
made for forest resource improvement work which is also the subject
of payments or other assistance provided pursuant to federal law;
provided, that payments or loans may not be made pursuant to this
chapter to satisfy landowner cost share requirements of, or repay
loans received pursuant to federal law; and provided, further, that
the combined state and federal payments, and any required landowner
cost share payments, do not together exceed the amount of the actual
cost to the landowner or the prevailing cost per acre as determined
by the director pursuant to Section 4801, whichever is less.



4799.  In addition to the requirements of Section 4797, to be
eligible to participate in agreements pursuant to Section 4795, or
receive loans pursuant to Section 4796, the landowner shall do all of
the following:
   (a) Submit a long-term forest and land management plan for
approval by the director. In the event that the proposed project
includes preparation of the management plan, the plan need not be
completed at the time of application; provided, that no other forest
resource improvement project on forest lands within the same
ownership not covered by a management plan may be approved by the
director until the management plan has been approved pursuant to this
subdivision. The plan shall cover all forest lands within the same
ownership which include or are contiguous to the parcel to which a
proposed forest resource improvement project applies. The plan shall
set forth an analysis of forest land conditions and capabilities,
including its original forest type if determinable. The plan shall
describe the landowner's management objectives and shall provide for
the eventual harvest of sawtimber within a reasonable period of time,
as determined by the preparer of the plan. The plan shall also
describe the forest resource improvement work and other measures
necessary to do all of the following:
   (1) Protect, maintain, and enhance the forest resource system.
   (2) Prevent or mitigate erosion, deterioration of soil resources,
and pollution by natural and manmade causes.
   (3) Optimize the timber growth potential of the land consistent
with maintaining the productivity of related forest resources now and
in the future.
   The plan shall be prepared or approved as to content by a
registered professional forester. Such a plan, when approved by the
director, shall fulfill the requirements of paragraph (2) of
subdivision (c) of Section 51113 of the Government Code. Consistent
with this section, the director shall prepare, and submit to the
board for its review and approval, guidelines specifying the factors
to be considered and information which should be included in
management plans submitted pursuant to this section.
   (b) Submit a project application in the form prescribed by the
director containing such information as the director deems necessary
to evaluate the proposed forest resource improvement project.
   (c) Agree to comply with state or federal laws applicable to the
work carried out pursuant to the proposed forest resource improvement
project.
   (d) Agree to comply with such forest land conservation measures
and fish and wildlife habitat protection guidelines as may be set
forth as part of the cost-sharing agreement or loan agreement
executed pursuant to Section 4795 or 4796. Such measures shall be
designed to insure that work carried out pursuant to such agreements
is conducted in a manner to protect, enhance, and maintain the forest
resource system to the greatest degree feasible. In the event that
required land conservation measures or fish and wildlife habitat
protection guidelines are not followed and significant damage to the
forest resources occurs as a result, the director may take corrective
action in accordance with the procedures of Sections 4607, 4608,
4609, 4610, and 4611.


4799.01.  (a) When allocating available funds among projects
proposed pursuant to this chapter, the director shall select those
projects that, in the judgment of the director, produce the greatest
public benefit, giving consideration to both of the following
factors:
   (1) The need for and potential benefits of forest resource
establishment or improvement were the project to be undertaken.
   (2) The need for and potential benefits to long-term production,
maintenance, and enhancement of the forest resource system resulting
from forest land conservation measures, fish and wildlife habitat
improvements, or other work.
   (b) The director shall give increased preference to projects to
the extent that the project applies to forest land that has been
substantially damaged by fire, flood, insects, disease, or other
natural causes within 36 months of submission of an application
pursuant to this chapter.
   (c) The director shall also give preference to projects to the
extent that each of the following factors are present:
   (1) The project involves a substantial amount of followup work.
   (2) The project or other actions of the landowner would increase
recreational opportunities for the public.
   (3) The forest land to which the project applies is equivalent to
site quality III or better.
   (4) The project would provide relatively more employment
opportunities than other proposed projects.
   (5) The project is located in a county with high unemployment.
   (6) A small business entity will carry out the proposed project.
   (d) Consistent with the criteria set forth in subdivisions (a),
(b), and (c), the director shall prepare and submit to the board
proposed guidelines further specifying the criteria for evaluation
and approval of forest resource improvement projects. The board shall
review, approve, or amend the guidelines that the director shall
follow when carrying out this chapter.
   (e) The director shall establish, in consultation with interested
persons or agencies and with the review and approval of the board,
procedures for the review of proposed forest resource improvement
projects. Those procedures shall insure that department specialists
and other specialists in the areas of water quality, erosion control,
and fish and wildlife protection are integrated into the review of
proposed forest resource improvement projects.
   (f) No allocation of funds pursuant to this chapter shall, in any
fiscal year, exceed the total amount expended during the 1999-2000
fiscal year until the completion, review, and final approval by the
board of an updated management plan for the Jackson Demonstration
State Forest that complies with applicable state and federal law.



4799.02.  To carry out the provisions of this chapter and to
facilitate participation in the program authorized by this chapter,
the director may promulgate such regulations, guidelines, or
publications as the director deems appropriate. Such regulations,
guidelines, or publications shall be submitted to the board for
review or approval when required by this chapter and, even if not
required, when deemed appropriate by the director for his or her
guidance. Regulations, guidelines, or publications shall specify:
   (a) The scope of forest resource improvement work, as described by
Section 4794, for which agreements may be entered into or loans made
pursuant to Section 4795 or 4796.
   (b) The prevailing cost of performing various types and methods of
forest resource improvement work under various site conditions
throughout the forest land of the state, as required by Sections 4795
and 4796.
   (c) Cost share percentage schedules as required by Section 4795.
   (d) Procedures to be followed in the event of a violation of a
cost-sharing or loan agreement pursuant to Section 4795 or 4796 or
default of payment of loan principal or interest pursuant to Section
4796.
   (e) Consistent with subdivision (g) of Section 4793, criteria to
determine forest lands which have demonstrated potential for improved
forest resource management and may, therefore, be eligible for
forest resource improvement projects under the provisions of
paragraph (2) of subdivision (e) of Section 4797.
   (f) Factors to be considered and information which should be
included in management plans submitted pursuant to Section 4799.
   (g) A standard application form for forest resource improvement
projects submitted under Section 4795 or 4796.
   (h) Forest land conservation measures and fish and wildlife
habitat protection guidelines to be followed in the performance of
forest resource improvement projects work as provided by Section
4799.
   (i) Guidelines for evaluation and approval of proposed forest
resource improvement projects as required by subdivision (d) of
Section 4799.01.
   (j) Procedures for the review by the director and interested
persons or agencies of proposed forest resource improvement projects
pursuant to subdivision (e) of Section 4799.01.
   (k) Such other matters as the director deems necessary for the
effective administration of the provisions of this chapter.



4799.03.  (a) The director shall work cooperatively with other
public agencies of local, state, and federal government to encourage
such agencies to undertake forest resource improvement work and
otherwise accomplish the purposes of this chapter. The director is
authorized to enter into contracts or cooperative agreements with
such agencies to provide:
   (1) Technical assistance.
   (2) Necessary supervisorial personnel.
   (3) Tree seed, tree cuttings, or seedlings.
   (4) Necessary equipment.
   (5) Such other assistance as may be necessary and appropriate to
accomplish the purposes of this chapter.
   (b) In carrying out the provisions of this chapter, the director
shall cooperate with the Employment Development Department, the
California Conservation Corps, the Cooperative Extension, resource
conservation districts, industry, and other interested agencies or
persons for the purpose of training needed workers and facilitating
wherever feasible the creation of forest resources improvement work
opportunities. The department or other state agencies are authorized
to utilize state lands for the purposes of carrying out needed
training pursuant to this subdivision.
   (c) The director shall also endeavor to work cooperatively with
other persons and public agencies to provide opportunities for
voluntary, unpaid forest resources improvement work by persons who
may be interested in volunteering for such work.



4799.04.  To effectuate the purposes of this chapter, the department
is authorized to:
   (a) Collect or contract for adequate supplies of high-quality seed
and take whatever steps are necessary to insure to the maximum
degree feasible that seeds or seedlings planted as part of forest
resource improvement projects undertaken pursuant to this chapter are
adapted to the planting site and measures are taken to assure
appropriate diversity of forest species.
   (b) Contract for seedling production and, in cooperation with
other state, local, and federal agencies, encourage the production of
seedlings needed to accomplish reforestation in the state by small
business entities in or near areas where planting will be carried
out.
   (c) Provide technical assistance to private seedling nurseries and
conduct a program for certification of the quality and adaptability
of seeds and tree seedlings supplied for forest resource improvement
projects undertaken pursuant to this chapter.
   (d) Increase availability of genetically improved seed and
planting stock by expansion of seed orchards or other recognized tree
improvement techniques.
   (e) In cooperation with other public and private entities or
persons:
   (1) Conduct necessary research and take other appropriate measures
to protect the genetic integrity and diversity of forest tree
species, including, but not limited to, a seed depository.
   (2) Conduct research and make grants or enter into contracts or
cooperative agreements with public and private entities or persons
concerning measures to increase the contribution of trees to improve
the natural environment and economy of the state and measures to
otherwise accomplish the purposes of this chapter.
   (f) Purchase necessary equipment or materials and, in accordance
with the State Civil Service Act (commencing with Section 18570 of
the Government Code), appoint such deputies, officers, and other
employees as may be necessary.
   (g) In cooperation with other public and private entities and
persons, establish such training and educational programs as may be
appropriate to increase the number of workers with necessary skills
to carry out seed collection, seedling production, and forest
resource improvement projects.
   (h) To accept grants and donations of equipment, seedlings,
materials, or funds from any source for the purpose of supporting or
facilitating forest resource improvement work undertaken pursuant to
the provisions of this chapter. Any funds received shall be deposited
by the director in the Forest Resource Improvement Fund established
pursuant to Chapter 3 (commencing with Section 4799.13) of this part.
No federal funds received as part of the American Recovery and
Reinvestment Act (Public Law 111- 5) shall be deposited into the
Forest Resources Improvement Fund.
   (i) Waive the landowner cost sharing requirements of this chapter
if the funding source for the authorized forest improvement work
prohibits cost sharing requirements.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 4790-4799.04

PUBLIC RESOURCES CODE
SECTION 4790-4799.04



4790.  The Legislature finds and declares that:
   (a) Forest lands, while often managed to produce wood fiber for
building materials and paper manufacture, also provide public
benefits, including employment opportunities in both rural and urban
areas, renewable energy, protection and enhancement of air, water,
and soil resources, fish and wildlife habitat, and opportunities for
aesthetic and recreational enjoyment.
   (b) Historically, substantial areas of forest land were not
reforested or otherwise managed for optimum production of forest
resources following harvest operations, wildfires, unsuccessful
attempts to clear the land for other uses, or damage by insects,
disease, or other natural catastrophes. As a result, an estimated
five million acres of public and private forest land in the state are
producing substantially less forest resources than their potential.
These areas are inadequately stocked with trees or are occupied by
damaged or diseased trees or species of less value for sawtimber and
other forest products. Some lands also have suffered from or are
threatened with depletion by soil erosion. Water quality and quantity
has suffered and fish habitats have also been adversely affected. In
areas where forest regeneration has occurred, the present forest
stand would often produce significantly greater timber supplies if
thinning or other forest improvement investments were made.
   (c) Future demand for timber supplies and other demands for forest
resources are likely to rise substantially. Future supplies of these
renewable resources are presently estimated to decline for a period
and then to recover, but at a rate significantly slower than the rate
of increase in demand.
   (d) Wood waste products and tree or shrub species not normally
utilized to produce building materials can provide opportunities for
an alternative means to generate electrical energy or could be
converted to solid, gaseous, or liquid fuels for transport or
industrial use. Future supplies of wood products not usable for
building materials, and, therefore potentially available for energy
production, will be increased if forest resource improvements are
made.
   (e) The forest efficiently captures and stores solar energy. Wood
products can be produced with a significantly lower energy cost than
most competing substitutes. This disparity is likely to increase in
the future.
   (f) A relatively small amount of forest land is currently being
reforested, other than pursuant to the stocking requirements of the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2) applicable following timber harvesting.
Obstacles to private investments in reforesting or improving forest
lands include: the extraordinarily long time required for such
investments to produce income; the risk of loss due to fire, insect,
or disease; lack of necessary forestry expertise or knowledge of the
potential benefits of improved forest resource management; the
difficulty of transferring capital invested in forest resource
improvements to other investment opportunities or otherwise using the
funds for other needs once the initial investment has been made; and
the fact that some forest resource investments, including erosion
control measures, may not produce any income recognizable to the
landowner.
   (g) Over one-half of the privately owned, commercial forest land
in the state is owned by nonindustrial landowners. Forest resources
that can be provided by these lands will be increasingly important in
the future. Yet the owners of these lands often lack forestry
expertise, economic incentive, or capital needed to make investments
to increase present and future availability of forest resource
benefits from their lands.
   (h) Investments in public and private forest land are essential if
adequate future timber supplies are to be available and if the
forest resource system of soil, air, water, and vegetative and animal
life is to be maintained in a productive condition for the future.
These investments will also lessen fire hazards and improve watershed
protection following catastrophic destruction of forests and other
vegetative cover by fire, wind, flood, insects, disease, and other
causes.
   (i) Failure to make the necessary investments will lead to higher
prices for increasingly scarce forest products, lower rural and urban
employment in the forest products and related industries and
businesses, and the loss or diminished value of soils and other
forest resources.
   (j) Forest resource improvements made pursuant to this chapter
serve a public purpose and will promote the health, welfare, and
economic security of the citizens of the state.



4790.5.  The Legislature further declares that, except as
specifically provided in this chapter the state shall not claim any
right, title, or interest in the land, trees, or other vegetation
which are the subject of a forest resource improvement project
undertaken pursuant to this chapter. When carrying out this chapter,
the director shall encourage the use of goods and services available
through private forest nurseries, reforestation contractors, private
forest consultants, or others in the business of undertaking forest
resource improvement work.


4791.  The purpose of this chapter is to encourage private and
public investments in, and an improved management of, forest lands
and resources within the state to ensure adequate future high quality
timber supplies, related employment and other economic benefits, and
the protection, maintenance, and enhancement of a productive and
stable forest resource system for the benefit of present and future
generations.
   The primary emphasis of the program established by this chapter
shall be upon improving the timber productivity of forest lands in
the state; provided, that consistent with this primary goal, the
program shall also be managed to improve all forest resources, such
as fish and wildlife habitat and soil resources, so that the overall
effect of the program is to improve the total forest resource system.




4792.  In furtherance of the purposes of this chapter, the
department is authorized to enter into agreements and make loans and
otherwise carry out the purposes of this chapter. The forestry
assistance program conducted by the department shall encourage forest
resource improvements and otherwise facilitate good forest land
management through a program of financial, technical, and educational
assistance, as well as through applied research. The purpose of this
program shall be to work cooperatively with private landowners,
particularly smaller nonindustrial landowners, to upgrade the
management of their lands, and, therefore, improve both the
productivity of the land and the degree of protection and enhancement
of the forest resource system as a whole. The department is further
authorized to encourage and cooperate with efforts by the forestry
industry and federal government to improve the management of forest
lands within the state, particularly lands owned by nonindustrial
owners, through advisory services or other actions. The director
shall work cooperatively with other private and public entities and
persons, including tree nursery operators, when carrying out this
part.


4793.  As used in this chapter:
   (a) "A county with high unemployment" means a county with an
annual unemployment rate, as reported by the Employment Development
Department, higher than the mean annual unemployment rate of "rate
adjustment counties" as defined pursuant to the Timber Yield Tax Law
(Part 18.5 (commencing with Section 38101) of Division 2 of the
Revenue and Taxation Code).
   (b) "Eligible landowner" means any person who meets the conditions
set forth in Sections 4797 and 4799. Where ownership of forest land
and timber is not held by the same person, "landowner" means either
the person or persons owning the land or the person or persons owning
the timber.
   (c) "Fish and wildlife habitat improvements" means measures
designed to protect, maintain, or enhance fish and wildlife habitat
including, but not limited to, stream clearance, reestablishment of
desirable vegetation along stream channels and elsewhere, measures to
encourage habitat diversity, restoration of anadromous fisheries,
and forest road repair and upgrading that protect, maintain, or
enhance fish and wildlife habitat.
   (d) "Followup work" means forest resource improvement work
necessary to promote the survival of seed or seedlings planted, or
protection or enhancement of other work undertaken, as part of a
prior forest resource improvement project pursuant to this chapter.
   (e) "Forest land" means land at least 10 percent occupied by trees
of any size that are native to California, including native oaks, or
formerly having had that tree cover and not currently zoned for uses
incompatible with forest resource management.
   (f) "Forest land conservation measures" means measures designed to
protect, maintain, or enhance the forest resource system, including
soil and watershed values, diversity of forest species, and
protection of a forest stand from fire. These measures include
thinning, shaded fuel breaks, and other land treatments or forest
resource improvement projects consistent with Section 4794.
   (g) "Forest land with demonstrated potential for improved forest
resource management" means forest land that could produce
significantly greater forest resource benefits if forest resource
improvement work was carried out and that is not managed for uses
incompatible with forest resource management.
   (h) "Forest resources" means those uses and values associated with
forest land, including fish, forage, recreation and aesthetics,
soils, timber, watershed, wilderness, and wildlife.
   (i) "Forest resource system" means the interdependent system of
air, water, solar energy, and forest resources, as defined by
subdivision (h).
   (j) "Forest resource improvement work" means the forest resource
improvement measures enumerated in Section 4794 for which assistance
is authorized pursuant to this chapter.
   (k) "Forest resource improvement project" means a project
undertaken pursuant to Section 4795 or a loan made pursuant to
Section 4796.
   (l) "Management plan" means a long-term forest and land management
plan submitted to the director pursuant to Section 4799.
   (m) "Person" includes:
   (1) Any private individual, organization, partnership, limited
liability company, or corporation.
   (2) Except for the purposes of Section 4795 and subdivision (a) of
Section 4796, any city, county, or district.
   (n) "Prevailing rate" means the average annual rate earned by the
state on moneys deposited in the Pooled Money Investment Account in
the General Fund.
   (o) "Reforestation" means planting of tree seedlings, cuttings, or
seed.
   (p) "Restocked" means stocking to the degree required by the Z'
berg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with
Section 4511) of Part 2.
   (q) "Small business entity" means a business enterprise, including
a landowner, with five hundred thousand dollars ($500,000) or less
annual gross revenue.
   (r) "Smaller nonindustrial landowners" means owners of 5,000 acres
or less of forest land.
   (s) "Uses incompatible with forest resource management" means uses
not listed in subdivision (h) of Section 51104 or Section 51111 of
the Government Code by the city or county in which the parcel subject
to a forest resource improvement project lies.
   (t) "Young growth stand improvement" means precommercial thinning
or weeding of young growth stands to provide more growing space and
release of young trees from competing vegetation.



4794.  (a) Agreements may be entered into and loans may be made by
the director pursuant to this chapter for all of the following
purposes:
   (1) Preparation of management plans for forest land.
   (2) Site preparation.
   (3) Planting and costs of seeds and seedlings.
   (4) Young growth stand improvement.
   (5) Forest land conservation measures.
   (6) Fish and wildlife habitat improvement.
   (7) Followup work.
   Consistent with this section, the director shall prepare, and
submit to the board for its review and approval, guidelines further
specifying the scope of forest resource improvement work for which
agreements may be entered into or loans made pursuant to this
chapter.
   (b) Proposed forest resource improvement projects may combine work
described in paragraphs (1) to (7), inclusive, of subdivision (a).
Projects shall include work described in paragraphs (1) to (7),
inclusive, of subdivision (a) to be eligible for a cost-sharing
agreement signed pursuant to Section 4795 or a loan made pursuant to
Section 4796.
   (c) Projects for forest resource improvement subsequent to
harvesting subject to the Z'berg-Nejedly Forest Practice Act of 1973,
Chapter 8 (commencing with Section 4511) of Part 2, shall not be
eligible for agreements executed pursuant to Section 4795 or loans
made pursuant to Section 4796 of this chapter unless either of the
following occur:
   (1) The land has been restocked and the established forest growth
has subsequently been adversely affected by fire, wind, flood,
insects, disease, or other natural causes.
   (2) The work to be undertaken is not otherwise required to be
carried out pursuant to the Z'berg-Nejedly Forest Practice Act of
1973, Chapter 8 (commencing with Section 4511) of Part 2.



4795.  (a) The director may enter into agreements with eligible
landowners pursuant to which the landowner will undertake forest
resource improvement work in return for an agreement by the director
to share the cost of carrying out such work. The director is
authorized to share up to 90 percent of the lesser of either:
   (1) The landowner's actual cost per acre to accomplish the work.
   (2) The prevailing per acre cost as determined by the director
pursuant to Section 4799.02.
   (b) The director shall prepare a schedule of cost share
percentages applicable to agreements undertaken pursuant to this
section. Required landowner cost share contributions may be made in
the form of materials, services, or equipment as well as funds. The
cost share percentage schedule shall set forth the percentage of
required landowner's project cost share for various categories of
forest resource improvement projects. The percentage of cost sharing
required of the landowner may be decreased if the ownership contains
less than 500 acres.
   (c) The percentage of cost sharing required of the landowner may
also be decreased to the extent that:
   (1) The project or other actions of the landowner would increase
recreational opportunities for the public.
   (2) The project would provide relatively more employment
opportunities than other proposed projects.
   (3) Forest land conservation measures or fish or wildlife habitat
improvements are included in the project.
   (d) Consistent with the criteria set forth in subdivisions (b) and
(c), the director shall submit a schedule further specifying cost
share percentages to the board for its review. The schedule shall
apply to all agreements made pursuant to this section unless the
board acts to change the schedule within 75 days of its submission by
the director.


4795.5.  A forest landowner who has entered into an undue hardship
agreement with the Controller for the payment of inheritance taxes
pursuant to Section 14143.5 of the Revenue and Taxation Code may
apply annually to the director for a grant in the amount of 50
percent of the interest due on the annual installment paid in the
current calendar year. To be eligible for such a grant the forest
landowner must show that his or her forest land is subject to either:
   (a) The provisions of a timberland production zone, pursuant to
Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1
of Title 5 of the Government Code; provided, that no petition is
under consideration while the grant is being administered for
rezoning pursuant to Section 51120 of the Government Code or
immediate rezoning pursuant to Section 51130 of the Government Code.
   (b) A contract pursuant to paragraph (2) of subdivision (e) of
Section 4797.
   The annual installment must be paid on or before the anniversary
date of the first installment payment, or the eligible landowner
shall be disqualified from receiving a grant pursuant to this
section. The eligible landowner shall apply to the director
subsequent to the current calendar year, in such form as the director
may prescribe, and shall include proof of agreement with the
Controller pursuant to Section 14143.5 of the Revenue and Taxation
Code, proof of payment of the current calendar year's annual
installment of inheritance taxes, and the amount of the installment
payment which constituted interest. An eligible landowner who meets
the requirements of this subdivision shall be deemed as having
submitted an approved application. Within 60 days after receipt of an
approved application, the director shall send to the eligible
landowner by certified mail a check in the appropriate amount.




4796.  The director may make the following types of loans relating
to forest resource improvement projects:
   (a) The director may make loans for forest resource improvement
work to cover all or part of the landowner's cost share payment
required pursuant to Section 4795. Any loan made pursuant to this
subdivision may be made for a term not exceeding 20 years and shall
bear interest at the prevailing rate. In order to secure repayment of
the loan, such forest resource improvement loans shall be secured by
a mortgage or deed of trust upon the parcel of land to which the
forest improvement project applies. The director shall record the
mortgage or deed of trust in the office of the county recorder in the
county in which the real property subject to such resource
improvement loan is located.
   (b) The director may make loans for forest resource improvement
work to landowners eligible pursuant to the provisions of subdivision
(d) of Section 4797 for up to 100 percent of the lesser of either:
   (1) The landowner's actual cost per acre to accomplish the work.
   (2) The prevailing cost per acre as determined by the director
pursuant to Section 4799.02.
   Any loan made pursuant to this subdivision may be made for a term
not exceeding 20 years and shall bear interest at the prevailing
rate. In order to secure repayment of the loan, such forest resource
improvement loans shall be secured by a mortgage or deed of trust
upon the parcel of land to which the forest improvement project
applies. The director shall record the mortgage or deed of trust in
the office of the county recorder in the county in which the real
property subject to such resource improvement loan is located.
   (c) Any loan made pursuant to this section may be paid prior to
the maturity date set forth in the loan agreement without an interest
penalty being charged to the landowner.
   (d) Payment of all or part of the principal and interest due under
loans made pursuant to this chapter shall not be required upon a
finding by the board that the parcel to which a forest resource
improvement project applies, and which is subject to a loan:
   (1) Has been substantially damaged by fire, flood, insects,
disease or other natural causes; and
   (2) The damage was not caused by the negligence or willful act of
the landowner.


4797.  To be eligible for participation in an agreement pursuant to
Section 4795 or loan pursuant to Section 4796, the following
conditions must be met:
   (a) The application requirements of Section 4799 are satisfied.
   (b) The landowner is a person owning forest land. Where the land
is owned jointly by more than one individual, group, association, or
corporation, as joint tenants, tenants in common, tenants by the
entirety, or otherwise, the joint owners shall be considered, for the
purposes of this chapter, as one eligible landowner.
   (c) With respect to cost-sharing agreements made pursuant to
Section 4795 or loans made pursuant to subdivision (a) of Section
4796, the amount of forest land in the state within the ownership of
the landowner is 5,000 acres or less.
   (d) With respect to loans made pursuant to subdivision (b) of
Section 4796, the acreage of the parcel to which the proposed forest
resource improvement project applies, together with the acreage
included in any other such project subject to an agreement or loan
executed or made pursuant to this chapter during the same fiscal
year, does not exceed 500 acres; provided, that this limit shall not
apply to forest resource improvement projects on lands that have been
substantially damaged by fire, flood, insects, disease, or other
natural causes within 36 months of submission of an application
pursuant to this chapter.
   (e) The parcel of forest land to which the forest resource
improvement project applies is either:
   (1) Within a timber preserve zone established pursuant to the
provisions of Chapter 6.7 (commencing with Section 51100) of Part 1
of Division 1 of Title 5 of the Government Code; provided, that the
parcel of forest land is not the subject of an application for
rezoning or immediate rezoning pursuant to Section 51120 or 51130 of
the Government Code.
   (2) Subject to a contract signed by the landowner providing that
the owner agrees not to develop the land for uses incompatible with
forest resource management within 10 years following execution of an
agreement pursuant to Section 4795 or the making of a loan pursuant
to Section 4796. The director shall record the contract in the office
of the county recorder in the county in which such parcel of land is
located and, upon recordation, the contract shall be binding upon
any person to whom such parcel of land is sold, assigned, devised, or
otherwise transferred by agreement or operation of law.



4797.5.  (a) Any cost share payments advanced pursuant to Section
4795 shall be refunded to the director in the event of either:
   (1) The filing of an application for rezoning or immediate
rezoning pursuant to Section 51120 or 51130 of the Government Code
within 10 years of the date an agreement was signed pursuant to
Section 4795.
   (2) A violation of the contract entered into pursuant to
subdivision (e) of Section 4797.
   The refund shall bear interest at the prevailing rate from the
time of the violation as specified in clause (1) or (2) of this
subdivision.
   (b) Any loan made pursuant to Section 4796 shall immediately
become due and payable in the event of either:
   (1) The filing of an application for rezoning or immediate
rezoning pursuant to Section 51120 or 51130 of the Government Code
within 10 years of the making of a loan pursuant to Section 4796.
   (2) A violation of the contract entered into pursuant to
subdivision (f) of Section 4797.
   The refund shall bear interest at the prevailing rate from the
time of the violation as specified in clause (1) or (2) of this
subdivision.
   (c) Upon failure by the landowner to refund such payments or
loans, the director may place a lien upon the parcel of property to
which a forest resource improvement project applied. The director
shall record such lien at the appropriate county office.




4798.  Cost share payments or loans pursuant to this chapter may be
made for forest resource improvement work which is also the subject
of payments or other assistance provided pursuant to federal law;
provided, that payments or loans may not be made pursuant to this
chapter to satisfy landowner cost share requirements of, or repay
loans received pursuant to federal law; and provided, further, that
the combined state and federal payments, and any required landowner
cost share payments, do not together exceed the amount of the actual
cost to the landowner or the prevailing cost per acre as determined
by the director pursuant to Section 4801, whichever is less.



4799.  In addition to the requirements of Section 4797, to be
eligible to participate in agreements pursuant to Section 4795, or
receive loans pursuant to Section 4796, the landowner shall do all of
the following:
   (a) Submit a long-term forest and land management plan for
approval by the director. In the event that the proposed project
includes preparation of the management plan, the plan need not be
completed at the time of application; provided, that no other forest
resource improvement project on forest lands within the same
ownership not covered by a management plan may be approved by the
director until the management plan has been approved pursuant to this
subdivision. The plan shall cover all forest lands within the same
ownership which include or are contiguous to the parcel to which a
proposed forest resource improvement project applies. The plan shall
set forth an analysis of forest land conditions and capabilities,
including its original forest type if determinable. The plan shall
describe the landowner's management objectives and shall provide for
the eventual harvest of sawtimber within a reasonable period of time,
as determined by the preparer of the plan. The plan shall also
describe the forest resource improvement work and other measures
necessary to do all of the following:
   (1) Protect, maintain, and enhance the forest resource system.
   (2) Prevent or mitigate erosion, deterioration of soil resources,
and pollution by natural and manmade causes.
   (3) Optimize the timber growth potential of the land consistent
with maintaining the productivity of related forest resources now and
in the future.
   The plan shall be prepared or approved as to content by a
registered professional forester. Such a plan, when approved by the
director, shall fulfill the requirements of paragraph (2) of
subdivision (c) of Section 51113 of the Government Code. Consistent
with this section, the director shall prepare, and submit to the
board for its review and approval, guidelines specifying the factors
to be considered and information which should be included in
management plans submitted pursuant to this section.
   (b) Submit a project application in the form prescribed by the
director containing such information as the director deems necessary
to evaluate the proposed forest resource improvement project.
   (c) Agree to comply with state or federal laws applicable to the
work carried out pursuant to the proposed forest resource improvement
project.
   (d) Agree to comply with such forest land conservation measures
and fish and wildlife habitat protection guidelines as may be set
forth as part of the cost-sharing agreement or loan agreement
executed pursuant to Section 4795 or 4796. Such measures shall be
designed to insure that work carried out pursuant to such agreements
is conducted in a manner to protect, enhance, and maintain the forest
resource system to the greatest degree feasible. In the event that
required land conservation measures or fish and wildlife habitat
protection guidelines are not followed and significant damage to the
forest resources occurs as a result, the director may take corrective
action in accordance with the procedures of Sections 4607, 4608,
4609, 4610, and 4611.


4799.01.  (a) When allocating available funds among projects
proposed pursuant to this chapter, the director shall select those
projects that, in the judgment of the director, produce the greatest
public benefit, giving consideration to both of the following
factors:
   (1) The need for and potential benefits of forest resource
establishment or improvement were the project to be undertaken.
   (2) The need for and potential benefits to long-term production,
maintenance, and enhancement of the forest resource system resulting
from forest land conservation measures, fish and wildlife habitat
improvements, or other work.
   (b) The director shall give increased preference to projects to
the extent that the project applies to forest land that has been
substantially damaged by fire, flood, insects, disease, or other
natural causes within 36 months of submission of an application
pursuant to this chapter.
   (c) The director shall also give preference to projects to the
extent that each of the following factors are present:
   (1) The project involves a substantial amount of followup work.
   (2) The project or other actions of the landowner would increase
recreational opportunities for the public.
   (3) The forest land to which the project applies is equivalent to
site quality III or better.
   (4) The project would provide relatively more employment
opportunities than other proposed projects.
   (5) The project is located in a county with high unemployment.
   (6) A small business entity will carry out the proposed project.
   (d) Consistent with the criteria set forth in subdivisions (a),
(b), and (c), the director shall prepare and submit to the board
proposed guidelines further specifying the criteria for evaluation
and approval of forest resource improvement projects. The board shall
review, approve, or amend the guidelines that the director shall
follow when carrying out this chapter.
   (e) The director shall establish, in consultation with interested
persons or agencies and with the review and approval of the board,
procedures for the review of proposed forest resource improvement
projects. Those procedures shall insure that department specialists
and other specialists in the areas of water quality, erosion control,
and fish and wildlife protection are integrated into the review of
proposed forest resource improvement projects.
   (f) No allocation of funds pursuant to this chapter shall, in any
fiscal year, exceed the total amount expended during the 1999-2000
fiscal year until the completion, review, and final approval by the
board of an updated management plan for the Jackson Demonstration
State Forest that complies with applicable state and federal law.



4799.02.  To carry out the provisions of this chapter and to
facilitate participation in the program authorized by this chapter,
the director may promulgate such regulations, guidelines, or
publications as the director deems appropriate. Such regulations,
guidelines, or publications shall be submitted to the board for
review or approval when required by this chapter and, even if not
required, when deemed appropriate by the director for his or her
guidance. Regulations, guidelines, or publications shall specify:
   (a) The scope of forest resource improvement work, as described by
Section 4794, for which agreements may be entered into or loans made
pursuant to Section 4795 or 4796.
   (b) The prevailing cost of performing various types and methods of
forest resource improvement work under various site conditions
throughout the forest land of the state, as required by Sections 4795
and 4796.
   (c) Cost share percentage schedules as required by Section 4795.
   (d) Procedures to be followed in the event of a violation of a
cost-sharing or loan agreement pursuant to Section 4795 or 4796 or
default of payment of loan principal or interest pursuant to Section
4796.
   (e) Consistent with subdivision (g) of Section 4793, criteria to
determine forest lands which have demonstrated potential for improved
forest resource management and may, therefore, be eligible for
forest resource improvement projects under the provisions of
paragraph (2) of subdivision (e) of Section 4797.
   (f) Factors to be considered and information which should be
included in management plans submitted pursuant to Section 4799.
   (g) A standard application form for forest resource improvement
projects submitted under Section 4795 or 4796.
   (h) Forest land conservation measures and fish and wildlife
habitat protection guidelines to be followed in the performance of
forest resource improvement projects work as provided by Section
4799.
   (i) Guidelines for evaluation and approval of proposed forest
resource improvement projects as required by subdivision (d) of
Section 4799.01.
   (j) Procedures for the review by the director and interested
persons or agencies of proposed forest resource improvement projects
pursuant to subdivision (e) of Section 4799.01.
   (k) Such other matters as the director deems necessary for the
effective administration of the provisions of this chapter.



4799.03.  (a) The director shall work cooperatively with other
public agencies of local, state, and federal government to encourage
such agencies to undertake forest resource improvement work and
otherwise accomplish the purposes of this chapter. The director is
authorized to enter into contracts or cooperative agreements with
such agencies to provide:
   (1) Technical assistance.
   (2) Necessary supervisorial personnel.
   (3) Tree seed, tree cuttings, or seedlings.
   (4) Necessary equipment.
   (5) Such other assistance as may be necessary and appropriate to
accomplish the purposes of this chapter.
   (b) In carrying out the provisions of this chapter, the director
shall cooperate with the Employment Development Department, the
California Conservation Corps, the Cooperative Extension, resource
conservation districts, industry, and other interested agencies or
persons for the purpose of training needed workers and facilitating
wherever feasible the creation of forest resources improvement work
opportunities. The department or other state agencies are authorized
to utilize state lands for the purposes of carrying out needed
training pursuant to this subdivision.
   (c) The director shall also endeavor to work cooperatively with
other persons and public agencies to provide opportunities for
voluntary, unpaid forest resources improvement work by persons who
may be interested in volunteering for such work.



4799.04.  To effectuate the purposes of this chapter, the department
is authorized to:
   (a) Collect or contract for adequate supplies of high-quality seed
and take whatever steps are necessary to insure to the maximum
degree feasible that seeds or seedlings planted as part of forest
resource improvement projects undertaken pursuant to this chapter are
adapted to the planting site and measures are taken to assure
appropriate diversity of forest species.
   (b) Contract for seedling production and, in cooperation with
other state, local, and federal agencies, encourage the production of
seedlings needed to accomplish reforestation in the state by small
business entities in or near areas where planting will be carried
out.
   (c) Provide technical assistance to private seedling nurseries and
conduct a program for certification of the quality and adaptability
of seeds and tree seedlings supplied for forest resource improvement
projects undertaken pursuant to this chapter.
   (d) Increase availability of genetically improved seed and
planting stock by expansion of seed orchards or other recognized tree
improvement techniques.
   (e) In cooperation with other public and private entities or
persons:
   (1) Conduct necessary research and take other appropriate measures
to protect the genetic integrity and diversity of forest tree
species, including, but not limited to, a seed depository.
   (2) Conduct research and make grants or enter into contracts or
cooperative agreements with public and private entities or persons
concerning measures to increase the contribution of trees to improve
the natural environment and economy of the state and measures to
otherwise accomplish the purposes of this chapter.
   (f) Purchase necessary equipment or materials and, in accordance
with the State Civil Service Act (commencing with Section 18570 of
the Government Code), appoint such deputies, officers, and other
employees as may be necessary.
   (g) In cooperation with other public and private entities and
persons, establish such training and educational programs as may be
appropriate to increase the number of workers with necessary skills
to carry out seed collection, seedling production, and forest
resource improvement projects.
   (h) To accept grants and donations of equipment, seedlings,
materials, or funds from any source for the purpose of supporting or
facilitating forest resource improvement work undertaken pursuant to
the provisions of this chapter. Any funds received shall be deposited
by the director in the Forest Resource Improvement Fund established
pursuant to Chapter 3 (commencing with Section 4799.13) of this part.
No federal funds received as part of the American Recovery and
Reinvestment Act (Public Law 111- 5) shall be deposited into the
Forest Resources Improvement Fund.
   (i) Waive the landowner cost sharing requirements of this chapter
if the funding source for the authorized forest improvement work
prohibits cost sharing requirements.


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