(a) (1) The department shall, when authorized by the board, construct in accordance with law those facilities as are suitable for the purpose for which the real property or rights in real property or water, or water rights, were acquired. Each completed project shall be managed and maintained by the department.

(2) The department, with the approval of the board, may enter into agreements with any other department or agency of this state, any local agency, any California Native American tribe, as defined in § 21073 of the Public Resources Code, or any nonprofit organization, to provide for the construction, management, or maintenance of the facilities authorized by the board, and such other department or agency of this state, local agency, California Native American tribe, or nonprofit organization, and each of them may construct, manage, or maintain those facilities pursuant to the agreement. Work performed by a local agency, California Native American tribe, or nonprofit organization under those agreements is exempt from Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code. However, nothing in this section shall be construed to exempt any work from Part 7 (commencing with Section 1720) of Division 2 of the Labor Code.

Terms Used In California Fish and Game Code 1350

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5

(b) The department, when authorized by the board, may apply for and accept federal grants, and receive gifts, donations, and other financial support from public or private sources to be used for fish and wildlife habitat enhancement, including riparian habitat restoration projects on real property or waters for which the state obtains an interest. Funds received from any of those sources shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund.

(c) The board may award grants or loans to nonprofit organizations, local governmental agencies, federal agencies, state agencies, and California Native American tribes for the purposes of fish and wildlife habitat restoration, enhancement, management, protection and improvement of riparian resources, and for development of compatible public access facilities in the same manner and subject to the same terms and conditions as prescribed in § 31116 of the Public Resources Code. Proceeds from repayment of any loans and the interest thereon shall be deposited in the Wildlife Restoration Fund.

(Amended by Stats. 2021, Ch. 701, Sec. 1. (AB 379) Effective January 1, 2022.)

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