Cal. Code Regs. tit. 14 § 4970.11

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

Section 4970.11 - Restoration

(a) Purpose

(1) To Restore or Repair habitat damaged by either legal or illegal off-highway motor vehicle use.

(2) The goal of the Restoration Program is to aid the return of natural resource systems to their natural state when:

(A) Unauthorized motor vehicle use has damaged an area off limits to OHV Recreation;

(B) It is determined that areas shall be closed because soil or HMP standards cannot be achieved while sustaining OHV use;

(C) Areas formerly used by motor vehicles for OHV Recreation have not been designated and authorized for OHV use or;

(D) Natural resource systems in areas affected by ongoing OHV Recreation require restoration to sustain viable plant and wildlife species populations or other systems such as watersheds.

(3) Restoration Projects also include scientific and cultural studies regarding OHV impacts and Restoration Planning efforts.

(b) Available Funding

Twenty-five percent (25%) of the funds appropriated by the Legislature for the Grants program shall be expended for Projects within the Restoration category.

(c) The minimum and maximum funding requests are as follows:

(1) The minimum Project request shall be no less than $10,000, and

(2) No maximum request amount within the Restoration category.

(d) Eligible Applicants

Refer to Table 1 in Section 4970.03(b).

(e) Examples of Deliverables

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

(1) Restoring a closed trail including stabilizing land contours and revegetation,

(2) Removal of roads or trails and the Restoration of damaged habitats in areas not designated for motorized vehicle use,

(3) The removal of closed roads or trails, or a portion of a closed road or trail, that will help to prevent OHV access to closed areas,

(4) Restoration Projects that generally improve and restore the function of natural resource systems damaged by recreational motorized activities,

(5) Protection of restored areas through the placement of physical barriers, patrols, and vertical mulching,

(6) Scientific study not otherwise required by state or federal laws that addresses the impact of OHV Recreation on natural and Cultural Resources,

(7) Mitigation measures required by CEQA or NEPA for the Restoration Project, and

(8) Site specific Project planning such as a Restoration design or an initial study.

(f) Project-Specific Application Requirements

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

(1) A 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) Background

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

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

(C) How the proposed Project relates to OHV Recreation and how OHV Recreation caused the damage,

(D) The size of the specific Project Area(s) in acres and/or miles,

(E) Except for scientific and cultural studies or planning Projects, the monitoring that will be implemented, including the methodology that will be used to determine the successful outcome of the Restoration Project,

(F) If the Project involves planning for Restoration, a list of all reports, interim or final, or other documents to be produced, and

(G) Restoration Projects involving scientific and cultural studies shall include in the description:

(i) Goals, objectives, and methodologies to be employed, and

(ii) Peer reviews conducted by at least three (3) qualified experts from the scientific discipline or field related to the proposed Project.

(H) Except for scientific and cultural studies or planning Projects, a plan to insure the restored area will be protected. This may include law enforcement patrols to prevent intrusion into the Project Area, signs, barriers, or other proactive measures to prevent damage to restored lands.

(I) Except for scientific and cultural studies or planning Projects, erosion control efforts that will be utilized to prevent erosion or sedimentation that significantly affects resource values beyond the Project Area.

(2) Project-Specific Maps

Project-specific maps shall include:

A map(s) containing enough detail to provide someone unfamiliar with the area the ability to locate the site(s). The map(s) shall contain the Global Positioning System (GPS) coordinates for the Project site(s).

(3) Project-Specific Photos

Project-specific photos shall include:

"Before" photos of the site(s) to be restored. Photos are limited to five (5) pages. "After" photos are required Deliverables for Restoration Projects which include on-the-ground work.

(g) Evaluation Criteria

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

Cal. Code Regs. Tit. 14, § 4970.11

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 (f)(1)(B)-(C) and (f)(2) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment of subsection (f)(1) and new subsection (f)(1)(H) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
4. Amendment of subsections (a)(1)-(2), new subsection (f)(1)(A), subsection relettering and amendment of newly designated subsection (f)(1)(B) filed 12-14-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
5. Amendment of subsections (f), (f)(1)(B) and (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.
6. 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 and 5090.50, 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 (f)(1)(B)-(C) and (f)(2) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment of subsection (f)(1) and new subsection (f)(1)(H) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
4. Amendment of subsections (a)(1)-(2), new subsection (f)(1)(A), subsection relettering and amendment of newly designated subsection (f)(1)(B) filed 12-14-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
5. Amendment of subsections (f), (f)(1)(B) and (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.
6. 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.