California Public Resources Code

§ 6890

PRC § 6890 Effective Jan 1, 2024Div. 6 · Part 2 · Ch. 3 · Art. 5

Statute text

(a)Prospecting permits and leases for the extraction and removal of minerals, other than oil and gas or other hydrocarbon substances, from lands, consistent with Section 6900, may be issued as provided in this article and in this chapter insofar as not in conflict with this article. No lease or permit shall be issued that results in any net adverse impact to wetlands or riparian habitat.

(b)Where lands, other than tide and submerged lands, belonging to the state have been dedicated to a public use, the commission may issue permits and leases for the exploration, extraction, and removal of minerals, other than oil and gas or other hydrocarbon substances and geothermal resources, in accordance with this article. Where the lands have been acquired for the use of a specific state agency, the state agency, before issuance, shall approve the work to be performed under the authority of the permit or lease and the state agency shall specify terms and conditions required to ensure that the work shall be performed in a manner that is not inconsistent with the purposes for which the land is owned or operated.

(c)If the property is a wildlife management area acquired pursuant to Section 1525 of the Fish and Game Code, the commission shall not issue any permit or lease under this section unless the Department of Fish and Game determines, and reports in writing to the commission, that the proposed activity will not cause a net loss of wildlife habitat value or acreage in that area because privately owned land of greater total wildlife habitat value and acreage, which has habitat values similar in type to the area to be permitted or leased, will be acquired and dedicated to the state to replace the land of that wildlife management area. The replacement land shall be located within 10 miles of the wildlife management area where the lease or permit is to be issued.

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Legislative history

Amended by Stats. 2023, Ch. 120, Sec. 1. (AB 706) Effective January 1, 2024.