On September 28, 2012, the Governor signed SB 1094 into law amending Government Code sections 65965-65968, which, among other things, expanded authorization for holding mitigation lands and modified the requirements for mitigation endowments.
When CDFW issues permits for a project, the project applicant may be required to transfer interest in real property to CDFW to mitigate the impact that the project will have on fish and wildlife resources. CDFW may authorize non-profit organizations, governmental entities, and special districts to hold title and manage the mitigation lands (Gov. Code, § 65967).
CDFW is required to conduct due diligence when approving non-profit organizations, governmental entities, and special districts to hold and manage mitigation lands. Specifically, Government Code section 65967 states, “[a] state or local agency shall exercise due diligence in reviewing the qualifications of a governmental entity, special district, or nonprofit organization to effectively manage and steward land, water, or natural resources.”
Below is a list of entities that are authorized to hold and manage mitigation lands.