Cal. Code Regs. tit. 14 § 4970.10.4

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 4970.10.4 - Acquisition

(a) Purpose

Secure interests in land to sustain and/or expand OHV Recreation access and OHV Opportunities.

(b) Available Funding

From the O&M category, at least ten percent (10%) of the funds will be available for acquisition Projects.

(c) Examples of Deliverables

Acquisition Deliverables include, but are not limited to the following:

(1) Purchase of right-of-way or easement,

(2) Lease of twenty-five (25) years or more,

(3) Purchase of land in fee title,

(4) Purchase of an option, and

(5) Rights to use real property, such as permits or licenses.

(d) Project-Specific Application Requirements

In addition to the requirements listed in Section 4970.05.1, Applications for acquisition Projects shall include:

(1) Background

Provide a brief description of the Applicant or Land Manger's organization/ program (e.g., location and types of recreation available).

(2) Project Description

The Project Description shall provide sufficient clarity such that those not familiar with the Applicant or Project can understand what the Applicant intends to do. The Project Description shall include:

(A) A list of Project Deliverables the Applicant proposes to undertake,

(B) How the proposed Project relates to OHV Recreation and will add to, enhance, or otherwise sustain OHV Recreation or OHV Opportunity in the Project Area,

(C) Identification of the needs the Project will address,

(D) Location of the land to be acquired,

(E) The total acreage to be acquired,

(F) The easements affecting the property,

(G) The number of parcels,

(H) The location(s) of existing OHV Opportunities in and around the acquisition property and how the Project will affect or relate to that existing OHV Recreation,

(I) The total estimated cost of land to be acquired. The estimate shall be based on a competitive market analysis provided by a real estate professional to substantiate the value of the property, and

(J) The status of Due Diligence.

(3) Acquisition Plan

The plan shall describe the process for accomplishing the acquisition Project. An acquisition plan shall include the following:

(A) Acquisition timeline, which shows the steps and timeline for completing the Project, including the preparation and delivery of any reports to be prepared with the funds as a Deliverable,

(B) Discussion of the Applicant's ability to accomplish the acquisition Project. The Applicant shall demonstrate the ability to complete the acquisition within the proposed Applicant's timeline, and

(C) The Due Diligence undertaken, or to be undertaken, to determine the property is usable for its intended purpose (e.g., preliminary title report and underlying documents under Schedule B, zoning information, Phase 1 Environmental Site Assessment, biotic assessment).

(4) Project-Specific Maps

Project-specific maps shall include:

(A) A map(s) identifying the specific roads, trails, areas, and/or related Facilities to be acquired under the Project. The map(s) shall contain enough detail to provide someone unfamiliar with the area the ability to locate the site, and

(B) Assessor's parcel maps, including Assessor Parcel Number (APN), of each parcel to be purchased.

(e) Warranty for OHV use:

(1) The Applicant shall warrant that the acquired property will be used for OHV Recreation,

(2) With the exception of federal agencies, the Applicant shall cause to be inserted in the acquisition deed or other recorded transfer of title document a condition that the property shall be used for OHV Recreation purposes as defined in these Regulations and that the State of California is granted Power of Termination pursuant to California Civil Code Section 885.010 et seq. providing that, in the event the property is not used for OHV Recreation, title to the property shall be transferred to the State of California.

(3) Federal agencies, to the maximum extent consistent with federal law, shall use and manage the property for OHV Recreation in accordance with the controlling Federal Agency's land use plan; if the property is not used for the purpose of OHV Recreation, the Federal Agencies shall use reasonable efforts to request appropriations necessary to reimburse the State its pro-rata share of the acquisition costs of the property.

(4) Funds awarded for acquisition shall only be released into an escrow account established for the acquisition. Applicant shall submit all acquisition documentation, including the escrow instructions, to the OHMVR Division for review prior to close of escrow. OHMVR Division shall have no obligation to release grant funds unless the acquisition transaction conforms to these regulations.

(f) Optional Project-Specific Application Documents

If Applicants deem it helpful to support their specific Project Application, they may submit up to two (2) pages of Project-specific photos.

(g) Evaluation Criteria

Refer to Appendix, incorporated by reference, for Acquisition Project Criteria (Rev. 1/22).

Cal. Code Regs. Tit. 14, § 4970.10.4

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (d)(2)(C) and (d)(3)(B), new subsections (e)-(e)(3) and subsection relettering filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment of subsections (d)(1) and (e)(2) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
4. Amendment of subsection (b) filed 11-14-2013; operative 1-1-2014 (Register 2013, No. 46).
5. Amendment of subsections (d)(1)(I) and (e)(2)-(3) filed 12-15-2015; operative 1-11-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 51).
6. New subsection (d)(1), subsection renumbering, amendment of newly designated subsection (d)(2)(A) and subsection (e)(3) and amendment of NOTE filed 12-14-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
7. Amendment of subsection (d), redesignation of portion of subsection (e)(2) as subsection (e)(3), subsection renumbering and amendment of subsection (g) filed 12-22-2020; operative 12-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
8. Amendment of subsection (g) filed 12-27-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, 5090.50 and 5090.53, Public Resources Code.

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (d)(2)(C) and (d)(3)(B), new subsections (e)-(e)(3) and subsection relettering filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment of subsections (d)(1) and (e)(2) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
4. Amendment of subsection (b) filed 11-14-2013; operative 1-1-2014 (Register 2013, No. 46).
5. Amendment of subsections (d)(1)(I) and (e)(2)-(3) filed 12-15-2015; operative 1/11/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 51).
6. New subsection (d)(1), subsection renumbering, amendment of newly designated subsection (d)(2)(A) and subsection (e)(3) and amendment of Note filed 12-14-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
7. Amendment of subsection (d), redesignation of portion of subsection (e)(2) as subsection (e)(3), subsection renumbering and amendment of subsection (g) filed 12-22-2020; operative 12/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
8. Amendment of subsection (g) filed 12-27-2021; operative 1/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.