CALIFORNIA CODES
GOVERNMENT CODE
SECTION 65965




65965.  (a) For purposes of this section, the following definitions
apply:
   (1) "Direct protection" means the protection and preservation of
natural lands or resources, including, but not limited to,
agricultural lands, wildlife habitat, wetlands, endangered species
habitat, open-space areas, or outdoor recreational areas.
   (2) "Stewardship" encompasses the range of activities involved in
controlling, monitoring, and managing for conservation purposes a
property, or a conservation or open-space easement, as defined by the
terms of the easement, and its attendant resources.
   (b) Notwithstanding any other provision of law, if a state or
local public agency requires a property owner to transfer to the
agency an interest in real property to mitigate any adverse impact
upon natural resources caused by permitting the development of a
project or facility, the state or local public agency may authorize a
nonprofit organization to hold title to and manage that interest in
real property, provided that the nonprofit organization is all of the
following:
   (1) Exempt from taxation as an organization described in Section
501(c)(3) of the Internal Revenue Code, and qualified to do business
in the state.
   (2) A "qualified organization" as defined in Section 170(h)(3) of
the Internal Revenue Code.
   (3) An organization that has as its principal purpose and activity
the direct protection or stewardship of natural land or resources,
or cultural or historic resources, including, but not limited to,
agricultural lands, wildlife habitat, wetlands, endangered species
habitat, open-space areas, and outdoor recreational areas.
   (c) The recorded instrument that places title with a nonprofit
organization pursuant to subdivision (b) shall include, at a minimum,
a provision that if the state or local public agency that authorized
the nonprofit organization to hold the title, or its successor
agency, determines that the interest in real property that is held by
the nonprofit organization is not being held, monitored, or managed
for conservation purposes in the manner specified in that instrument
or in the mitigation agreement between the state or local public
agency and the nonprofit organization, the interest in real property
shall revert to the state or that local public agency, or to another
public agency or nonprofit organization qualified pursuant to
subdivision (b), approved by the state or local public agency.
   (d) A state or local public agency shall exercise due diligence in
reviewing the qualifications of a nonprofit organization to
effectively manage and steward natural land or resources. The state
or local public agency may adopt guidelines to assist the agency in
that review process.