Public Resources Code — Part 35 | PRC — United States — California law | Esheria

Public Resources Code

Part 35 of 41 · provisions 6,801–7,000

This act is named the Public Resources Code.

Jurisdiction
United States — California
Instrument
Code
Citation
PRC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
ASTM standards Article title CEQA exceptions CEQA guidelines CEQA mitigation Commercial solid waste recycling Confidentiality Conservation Diablo Canyon powerplant EV charging infrastructure Geodesy Greenhouse gas emissions LEED certification NEPA-linked projects Orthometric heights PACE PACE bonds PACE financing PACE program PACE program applications PACE program eligibility PACE reserve program PACE risk mitigation PET beverage containers +7,596 more

Statute overview

About this statute

The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

Legal text

Provisions of Public Resources Code

Showing 200 of 8,095

  1. 6326.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The State keeps its right to erect, maintain, or remove the protective structures covered by this chapter on or over certain state lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6326. Nothing in this chapter abridges any right of the State to erect, maintain, or remove the protective structures herein mentioned, upon, across, or over any of the swamp, overflowed, marsh, tide or submerged lands of this State. (Added by Stats. 1941, Ch. 548.)
  2. 6327.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may grant a permit, on written application, for certain uses of state lands for freshwater procurement and drainage facilities.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6327. The commission may, upon written application, grant a permit for the use and occupancy of state lands under the jurisdiction of the commission for the installation of facilities for procurement of fresh-water from and construction of drainage facilities into navigable rivers, streams, lakes and bays, except that if such applicant obtain the required permit for such use from the local reclamation district, the Reclamation Board, the Department of Water Resources, the California Debris Commission or the Corps of Engineers of the United States Army, then such application shall not be required by the State Lands Commission. (Amended by Stats. 1957, Ch. 1932.)
  3. 6331.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    This section defines “ungranted tidelands,” “local agency,” and “person” for the article.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6331. As used in this article: (a) “Ungranted tidelands” means the tide and submerged lands owned by the State of California which have not been granted in trust to any local agency or to the United States or to private parties. (b) “Local agency” means any county, city, public district, or other public agency. (c) “Person” means any private person, partnership, association, limited liability company, or corporation. (Amended by Stats. 1994, Ch. 1010, Sec. 211. Effective January 1, 1995.)
  4. 6331.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    The commission must inventory and evaluate ungranted tidelands, and local agencies must provide boundary materials when available.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6331.5. The commission shall make an inventory to ascertain and describe by metes and bounds the location and extent of all ungranted tidelands. The commission shall, in a local agency where the ungranted tideland boundary is described by metes and bounds, acquire and evaluate the existing boundary description to determine whether or not additional surveys should be conducted. When available, the local agency shall provide copies of the descriptions, together with all materials supporting the descriptions, including field notes and other basic data, to the commission at no cost, other than the reproduction cost, to the state. No appropriation is made by the act adding this section, nor is an obligation created thereby, for the reimbursement of a local agency for costs, other than reproduction costs, that may be incurred by it in carrying on a program or performing a service required to be carried on or performed by it by this section. Reimbursements for reproduction expenditures shall be made by the commission from appropriations to the commission for the preparation of the inventory. The commission shall evaluate each survey and shall adopt boundary descriptions already in common use where these metes and bounds descriptions approximate the existing line of ordinary high water where it is in a state of nature, or where the descriptions approximate the last position occupied in a state of nature by the line of ordinary high water in areas where the existing shoreline has ceased to be in a state of nature, and where sound engineering practices were used to conduct the survey. If metes and bounds descriptions of tideland boundaries are not available, or if the surveys do not describe the tideland boundary in a state of nature as hereinbefore defined, or if unsound engineering practices were used to describe a tideland boundary, the commission may conduct its own survey. Unless otherwise provided by law, prior to undertaking a survey on ungranted tidelands, the commission shall prepare an inventory of those ungranted tidelands that will require a commission survey. (Amended by Stats. 2012, Ch. 728, Sec. 148. (SB 71) Effective January 1, 2013.)
  5. 6332.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    The commission must adopt and enforce rules for this article and carry out specified survey and mapping requirements for ungranted tideland boundaries.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6332. The commission shall: (a) Adopt and enforce such rules and regulations as may be necessary or convenient to carry out the purposes of this article in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, in accordance with the following requirements: (1) All data such as survey notes and factual and historical materials which have been obtained by investigation and survey and considered in connection with the establishment of each ungranted tideland parcel boundary shall be perpetuated, filed, indexed, and made available in the office of the commission for public inspection and use upon request. (2) Surveys of ungranted tideland boundary lines made by the state, or made under contract with the state, or adopted by the state, shall sufficiently tie the surveyed boundary lines to record monuments disclosed by the public records in the office of the county recorder of the county in which the land so surveyed is located to the extent that adjoining property owners and officials of the local agency and others may determine the relation of the surveyed boundary lines to record title boundaries without additional survey. (3) United States Coast and Geodetic Survey data shall be used in areas where available to establish boundary lines which are required under the title circumstances to be established in accordance with federal law. In areas where tideland boundary lines are required to be established under title circumstances which require the application of California law, available United States Coast and Geodetic Survey data shall be used but corrected as required. Consideration shall be given in each survey to any seiche condition which may exist in the surveyed area. (4) Consideration shall be given to the effect of any prior accretion and erosion in each surveyed area. Consideration shall also be given to the confirmation of title boundaries of lands claimed to be in private or public ownership, which lands support improvements of long standing authorized by governmental action. (5) Boundary lines so established and surveyed shall take into consideration any statutes of limitations applicable to the validity of patents, and the finality of boundary line agreements and boundary and exchange agreements adopted prior to, or on or after, January 1, 1976, and whether entered into pursuant to Section 6307 or 6357, or any other statutes of this state, or otherwise. (6) When establishing and surveying the line of ordinary high water, the then existing location of that line shall be used unless there is clear and convincing evidence that that location is not the last natural position of the line according to applicable federal or state laws. (b) Contract with all agencies, public and private, as the commission may deem necessary for the rendition and affording of services and facilities to the commission pursuant to this article and for all other purposes related thereto. (c) Do all other acts necessary to carry out the requirements and purposes of this article within the limit of its authority conferred by law, including this article. (Amended by Stats. 1981, Ch. 714, Sec. 365.)
  6. 6333.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    The commission must prepare and adopt a preliminary tideland boundaries map by March 31, 1989, send copies to specified officials, publish and post public notices, and make copies available at reproduction cost.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6333. The commission shall prepare and adopt, on or before March 31, 1989, a “Preliminary Map of Ungranted Tideland Boundaries in California” based on the inventory and survey required by this article and shall on or before that date: (a) Transmit a copy of such “Preliminary Map of Ungranted Tideland Boundaries in California” to the Secretary of the Senate, the Chief Clerk of the Assembly, the Attorney General, and the State Librarian. (b) Transmit a copy of the pertinent part of such “Preliminary Map of Ungranted Tideland Boundaries in California” relating to each county wherein ungranted tidelands are located to the county clerk thereof, who shall thereupon post the same in a public place in his office. (c) Publish a notice in accordance with Section 6066 of the Government Code between April 1 and April 30, 1989, in a newspaper of general circulation within each county wherein ungranted tidelands are located, announcing that a copy of such “Preliminary Map of Ungranted Tideland Boundaries in California” is available for public inspection at the office of the county clerk of such county during the business hours of such office, and post a similar notice in three public places in such county. (d) Make available copies of each such “Preliminary Map of Ungranted Tideland Boundaries in California,” or pertinent parts thereof, to the public at the approximate cost of reproduction. Notwithstanding any other provision of this article, the commission may prepare and adopt such “Preliminary Map of Ungranted Tideland Boundaries in California” in segments of the whole, whether by individual parcels or by areas. Any reference to a particular “Preliminary Map of Ungranted Tideland Boundaries in California” shall be deemed to refer to such parcels or areas. Nothing in this article shall preclude the preparation of such “Preliminary Map of Ungranted Tideland Boundaries in California” in segments or as a whole prior to an inventory being made pursuant to Section 6331.5. (Added by Stats. 1975, Ch. 706.)
  7. 6334.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    The commission must prepare and complete a preliminary description of ungranted tideland boundaries, send copies to the county clerk, publish and post public notices, and make copies available to the public at reproduction cost.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6334. After completing the “Preliminary Map of Ungranted Tideland Boundaries in California,” the commission shall adopt and prepare a “Preliminary Description of Ungranted Tideland Boundaries” for each parcel of ungranted tidelands inventoried pursuant to this article, which shall be completed on or before June 30, 1989. The commission thereafter shall: (a) Transmit a copy of each such “Preliminary Description of Ungranted Tideland Boundaries” for each parcel of ungranted tidelands to the office of the county clerk of the county in which each such parcel is located, who shall thereupon post the same in a public place in his office. (b) Publish a notice in accordance with Section 6066 of the Government Code, between July 1 and July 31, 1989, in a newspaper of general circulation within each such county, announcing that a copy of the “Preliminary Description of Ungranted Tideland Boundaries” for each parcel of ungranted tidelands located within the county is available for public inspection at the office of the county clerk during the business hours of such office, and post a similar notice in three public places in such county. (c) Copies of each such “Preliminary Description of Ungranted Tideland Boundaries” shall be made available by the commission to the public at the approximate cost of reproduction. Notwithstanding any other provisions of this article, the commission may prepare and adopt such “Preliminary Description of Ungranted Tideland Boundaries” in segments of the whole whether by individual parcels or by areas. Any reference to a particular “Preliminary Description of Ungranted Tideland Boundaries” shall be deemed to refer to such parcels or areas. Nothing in this article shall preclude the preparation of such “Preliminary Description of Ungranted Tideland Boundaries” in segments or as a whole prior to an inventory being made pursuant to Section 6331.5. (Added by Stats. 1975, Ch. 706.)
  8. 6335.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    Certain affected local agencies or interested persons may file a sworn protest by December 31, 1989, and must include supporting data; later evidence may be added before the hearing or with commission approval.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6335. On or before December 31, 1989, any local agency or other interested person affected by boundaries described by the “Preliminary Description of Ungranted Tideland Boundaries” may file a protest, verified under oath, on a form to be prescribed and provided by the commission, at an office of the commission. Any such protest shall be accompanied by a list or brief summary of all data and pertinent evidence bearing upon the protest upon which the protesting party intends to rely and which is in the possession of the protesting party at the time of the filing of the protest. A protesting party may, at least 10 days prior to the hearing or continued hearing provided for in Section 6337, or at any time as the commission may approve, submit a list or brief summary of any such data and pertinent evidence obtained subsequent to the filing of the protest. Any such data and pertinent evidence shall, upon request of the commission, be available for inspection amd reproduction by the commission. (Added by Stats. 1975, Ch. 706.)
  9. 6336.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    The commission may negotiate boundary agreements with affected persons or local agencies about ungranted tideland boundaries.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6336. The commission may negotiate with any person or local agency having or claiming an interest in any land affected by boundaries described by the “Preliminary Description of Ungranted Tideland Boundaries,” for the purpose of reaching a boundary agreement. Any such boundary agreement shall be binding on the state and other parties thereto when approved by the commission. Any such boundary agreement shall be recorded in the office of the county recorder of each county in which the land affected thereby, or some portion thereof, is located. The boundary line so established shall be incorporated in, and made a part of, the master map and description to be prepared pursuant to the provisions of Section 6338. (Amended by Stats. 1976, Ch. 1079.)
  10. 6337.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    Before adopting the master map and description, the commission must consider all submitted evidence and must hold a hearing if the protestant requests one.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6337. Before adopting the Master Map of Ungranted Tideland Boundaries in California and a Description of Ungranted Tideland Boundaries pursuant to Section 6338, the commission shall consider all evidence submitted pursuant to Section 6335. The commission may, in its discretion, and shall, upon the request of the protestant, hold a hearing as to any protest or protests prior to adopting the master map and description. The commission may authorize its executive officer or other officer or employee of the commission to conduct such hearing or hearings at a convenient location selected by the commission within each county where such protested boundary is located. Not less than 30 days before the date set for each hearing, a notice, setting forth the time, place, and nature of such hearing, shall be sent by such officer or employee by certified mail to each protestant whose protest is to be heard at such hearing. (Added by Stats. 1975, Ch. 706.)
  11. 6338.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    The commission must create and publish a final master map and descriptions of ungranted tidelands by December 31, 1992, then file and record copies with specified offices.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6338. On or before December 31, 1992, the commission shall prepare, certify, adopt, and publish in final form a “Master Map of Ungranted Tideland Boundaries in California,” and a “Description of Ungranted Tideland Boundaries” for each parcel of ungranted tidelands, either in whole, or by segments as completed, and thereafter shall: (a) File a copy of each of the aforementioned documents with the Chief Clerk of the Assembly, the Secretary of the Senate, the Attorney General, the Director of Finance, the Director of Conservation, the Director of Parks and Recreation, the State Librarian, and such other state departments or agencies as the commission may deem advisable. (b) Record one copy of the part of each such document pertaining to the county affected in the office of the county recorder of each county in which ungranted tidelands are located. (c) File the original of each in the official file of the commission as a public record. (Added by Stats. 1975, Ch. 706.)
  12. 6339.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    Boundary agreements recorded under Section 6336 create fixed boundaries, with a public easement for later-submerged or tidal lands. Other mapped boundaries do not bind affected upland owners unless they consent in writing and complete acknowledgment and recording steps.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6339. (a) Boundaries established by boundary agreements entered into and recorded pursuant to Section 6336, as to all parties thereto, shall be fixed and permanent without change by reason of fluctuation due to the forces of nature, except that any lands that may thereafter be submerged or become subject to the ebb and flow of the tide, shall, so long as such conditions exist, be subject to the easement in favor of the public for commerce, navigation, and fisheries. (b) Boundaries mapped and described pursuant to this article, other than boundaries established by parties to a boundary agreement entered into pursuant to Section 6336, shall not be binding upon any upland owner or other party affected thereby, whose rights, if any, shall not be affected by any provision of this article. If any such rights have been previously determined pursuant to law, they shall remain unaffected by the provisions of, and proceedings undertaken pursuant to, this article. If any such rights have not been previously determined, they may be determined pursuant to any law existing as of January 1, 1976, or that may be thereafter enacted. However, any such upland owner or other person affected by the master map and description may consent in writing to bind his land or any claimed title or interest therein to the boundaries so mapped and described. Such consent shall be acknowledged by the party executing it and shall be recorded in the office of the county recorder of the county in which the land affected thereby is located. The consent shall thereafter have the same effect as if a boundary agreement had been entered into pursuant to Section 6336, and the provisions of subdivision (a) of this section shall be applicable thereto. (Added by Stats. 1975, Ch. 706.)
  13. 6340.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    The required inventory under this article does not affect the determination of the seaward boundary between state and United States lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6340. The inventory required by this article shall not extend to, or have any bearing upon, the determination of the seaward boundary separating lands belonging to the state and lands belonging to the United States. (Added by Stats. 1975, Ch. 706.)
  14. 6341.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    Certain boundary line agreements, consents, and land exchanges are presumed valid unless a qualifying court proceeding invalidates them.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6341. Any boundary line agreement entered into pursuant to Section 6336 or 6357, or any consent recorded pursuant to subdivision (b) of Section 6339, or any exchange of land made pursuant to Section 6307, shall be conclusively presumed to be valid unless held to be invalid in an appropriate proceeding in a court of competent jurisdiction to determine the validity of such boundary line agreement or consent or exchange commenced prior to January 1, 1977, or within one year after the execution and recording of such boundary line agreement or such consent or exchange, whichever is later. (Added by Stats. 1975, Ch. 706.)
  15. 6342.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. )

    Verify source ↗

    The commission may enter into boundary line agreements with persons or public entities about the line between ungranted tidelands and adjacent uplands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands [6331 - 6342] ( Article 2.5 added by Stats. 1975, Ch. 706. ) ## 6342. The commission may enter into boundary line agreements with any person or public entity, describing and defining the boundary line between ungranted tidelands and adjacent uplands owned by such person or public entity. Such boundary line agreements shall be executed on behalf of the commission, and upon recordation shall be binding and conclusive as between the state and all persons and public entities executing such agreements, and the provisions of subdivision (a) of Section 6339 shall be applicable thereto. (Added by Stats. 1975, Ch. 706.)
  16. 6357.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark [6357 - 6360] ( Heading of Article 3 amended by Stats. 1951, Ch. 803. )

    Verify source ↗

    The commission may establish ordinary high-water or low-water marks for certain state lands through agreement, arbitration, or a quiet title action when it considers that necessary or expedient.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark [6357 - 6360] ( Heading of Article 3 amended by Stats. 1951, Ch. 803. ) ## 6357. The commission may establish the ordinary high-water mark or the ordinary low-water mark of any of the swamp, overflowed, marsh, tide, or submerged lands of this State, by agreement, arbitration, or action to quiet title, whenever it is deemed expedient or necessary. The amendment hereby made is declaratory of the existing law and any such agreements heretofore made establishing the ordinary high-water mark or the ordinary low-water mark of any of the swamp, overflowed, marsh, tide, or submerged lands of this State hereby are ratified and confirmed. (Amended by Stats. 1961, Ch. 394.)
  17. 6358.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark [6357 - 6360] ( Heading of Article 3 amended by Stats. 1951, Ch. 803. )

    Verify source ↗

    The commission may survey, monument, plat, and record certain state lands when requested or on its own initiative, and the grantee must repay the related costs if the work was done at the grantee’s request.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark [6357 - 6360] ( Heading of Article 3 amended by Stats. 1951, Ch. 803. ) ## 6358. On receipt of a request from the legislative body of a county, city, or other political subdivision or agency of the State, to which a legislative grant of tide and submerged lands has been or may be made, or at its own instigation, the commission may survey, monument, plat, and record in the office of the recorder in the county or counties in which such lands are located, the area of state lands described in such act of the Legislature. Whenever such survey and plat has been made at the request of a grantee of the State, the costs thereof shall be repaid by such grantee to the commission. (Added by Stats. 1951, Ch. 977.)
  18. 6359.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark [6357 - 6360] ( Heading of Article 3 amended by Stats. 1951, Ch. 803. )

    Verify source ↗

    When a state tide or submerged land grant or amendment lacks a prior survey and metes-and-bounds description, the commission must prepare and record the survey materials within two years, and the grantee pays the cost.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark [6357 - 6360] ( Heading of Article 3 amended by Stats. 1951, Ch. 803. ) ## 6359. Whenever by legislative enactment tide or submerged lands of the State are granted or conveyed or authorized to be granted or conveyed or whenever a previous enactment is amended, and no prior survey has been made, and such act does not contain a description of such lands by metes and bounds, the commission shall within two years following the effective date of such act survey, monument, and record a plat and a metes and bounds description of such lands in the office of the county recorder in the county or counties in which such lands are located. Upon recordation, the survey, monuments, plat and description shall be binding upon the State, the grantee, and their successors in interest. No such grant or conveyance or amended grant or conveyance shall be effective until completion of the survey and recordation. The cost of such survey and recordation shall be paid by the person or entity to which the grant or conveyance is made. (Added by Stats. 1959, Ch. 1711.)
  19. 6360.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark [6357 - 6360] ( Heading of Article 3 amended by Stats. 1951, Ch. 803. )

    Verify source ↗

    This section says that, for certain land in the Sacramento-San Joaquin Delta, the boundary is conclusively presumed to be at the ordinary high-water mark or low-water mark, depending on the waterway and title status, if the listed conditions have existed for at least 30 continuous years before the section’s effective date.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark [6357 - 6360] ( Heading of Article 3 amended by Stats. 1951, Ch. 803. ) ## 6360. Notwithstanding any other provision of law, the boundary line of land lying within the Sacramento-San Joaquin Delta (as defined in Section 12220 of the Water Code) bordering upon tidal waters or upon a navigable stream is, for the purpose of determining boundary location, conclusively presumed to be located at the ordinary high-water mark when such land borders on tidal lands not validly patented into private ownership and at the low-water mark when such land borders upon a navigable stream where there is no tide or where such lands consist of tidelands validly patented into private ownership, as such high- or low-water mark exists upon the effective date of this section and from time to time thereafter where, for a period of not less than 30 years continuously, prior to the effective date of this section, the following facts exist: (a) The land including any accretion thereto has been occupied openly and notoriously by persons claiming title thereto or their predecessors. Land shall be deemed occupied for the purpose of this section when protected by a substantial enclosure; or when usually cultivated; or when improvements have been constructed thereon by the persons claiming such title or their predecessors, including, in the case of improvements located waterward of the landward toe of a levee, that land surrounding such improvements as is incidental to the usual and reasonable use of the improvements. (b) Taxes (state, county or municipal) have been levied and assessed during such period on such land including any accretion thereto and such persons or their predecessors have paid all such taxes during such period. The requirements of this subparagraph shall be deemed to have been met during any period when the owner or claimant to such land was exempt from ad valorem taxation. (c) The persons claiming title or their predecessors have based their claim upon a deed or map, or both, describing or depicting the land including any accretion thereto, which deed or map has been recorded in the office of the recorder of the county in which the land is situated. Nothing in this section shall be construed as vesting in an adjacent or contiguous landowner title to any lands which have been artificially filled by the landowner or his predecessors or any public agency or which have attached to his lands as a result of an avulsive change in the shoreline or as the result of an avulsive change in the course of, or an artifical rechannelization of, any river or stream, or divesting such landowner of any title which he may have to any lands which have been artificially dredged by the landowner or his predecessors or any public agency or which have detached from his land as a result of an avulsive change in the shoreline or as the result of an avulsive change in the course of, or an artifical rechannelization of, any river or stream. (Added by Stats. 1969, Ch. 1447.)
  20. 6370.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. )

    Verify source ↗

    The commission must inventory certain state school and tide and submerged lands, identify those with significant environmental values, and adopt regulations to protect them permanently.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. ) ## 6370. The commission, acting in concert with the Resources Agency and the Office of Planning and Research, and in cooperation with other appropriate state, federal, and local agencies, shall inventory unconveyed state school and tide and submerged lands and identify such lands which possess significant environmental values, including scenic, historic, natural, or aesthetic values of statewide interest. The commission, upon identification of such lands, shall adopt regulations necessary to assure permanent protection to these lands. (Amended by Stats. 1973, Ch. 688.)
  21. 6370.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. )

    Verify source ↗

    The Office of Planning and Research must define “significant environmental values” for Section 6370, and the commission must approve and adopt that definition at a public hearing.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. ) ## 6370.1. The Office of Planning and Research shall, for purposes of Section 6370, define “significant environmental values”, which definition shall include, but not be limited to, the criteria developed pursuant to Section 65041 of the Government Code. Such definition shall be submitted to the commission for its approval and adoption at a public hearing. The commission shall submit the adopted definition, including reasons in support of the adopted definition, to the Legislature no later than January 15, 1974. (Added by Stats. 1973, Ch. 688.)
  22. 6370.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. )

    Verify source ↗

    The commission must submit a final report to the Legislature by January 15, 1975.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. ) ## 6370.2. The commission shall submit a final report to the Legislature by January 15, 1975, which identifies those lands determined by the commission to possess significant environmental values and sets forth the applicable criteria upon which such determinations were made, including the findings and regulations adopted pursuant to Section 6370. The report shall further contain recommended additional actions necessary to assure permanent protection of such lands. In its investigation, the commission shall consider the California Protected Waterways Plan required pursuant to the provisions of Chapter 1278 of the Statutes of 1968, and any and all other reports and plans relating to the protection of scenic, historic, natural, or aesthetic values. (Added by Stats. 1973, Ch. 688.)
  23. 6371.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. )

    Verify source ↗

    The State Lands Commission may not sell or lease lands under its jurisdiction unless the section’s conditions are met.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. ) ## 6371. Until submission of the report required in Section 6370.2 the State Lands Commission shall not sell any of the lands under its jurisdiction unless it has made a finding at a public meeting that such sale is necessary for the health, welfare or safety of the people of the state or a finding that such land would not meet the intent of environmentally significant lands indicated in Section 6370; provided, however, that this section and Sections 6372, 6373, 6374, and 6375 shall not be applicable to settlements of title and boundary problems by the commission and exchanges in connection therewith. The commission shall not lease any of the lands under its jurisdiction unless it shall have complied with the environmental impact report requirements of Division 13 (commencing with Section 21000) and rules and regulations adopted by the commission pursuant to Section 21082. (Amended by Stats. 1973, Ch. 688.)
  24. 6373.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. )

    Verify source ↗

    Before authorizing a state land conveyance, the commission must give at least 10 days’ notice and publish the proposed conveyance information online.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. ) ## 6373. At least 10 days before the commission authorizes a conveyance of state lands to a private party or other governmental agency, the commission shall notify, by letter, the chair of the relevant policy committees of the Legislature and each Member of the Legislature in whose district any part of the state lands is located of the proposed conveyance and make the information regarding the proposed conveyance publicly available on the commission’s internet website. (Amended by Stats. 2021, Ch. 715, Sec. 4. (AB 1390) Effective January 1, 2022.)
  25. 6376.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. )

    Verify source ↗

    Inventories under this chapter are only for information and do not create ownership rights; mapped or described boundaries are not binding on affected upland owners or other parties.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. ) ## 6376. It is the intent of the Legislature that any inventory prepared pursuant to this chapter shall be solely for informational purposes and not to establish rights of ownership. Any boundaries mapped or described by the commission in any such inventory shall not be binding upon any upland owner or other party affected thereby. (Added by Stats. 1970, Ch. 1555.)
  26. 6377.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. )

    Verify source ↗

    This chapter does not apply to certain tidelands, submerged lands, oil and dry gas revenues, or state lands transferred to the City of Oakland for port purposes.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. ) ## 6377. The provisions of this chapter shall not apply to tidelands transferred pursuant to Chapter 1333 of the Statutes of 1968, to tidelands and submerged lands heretofore granted to the City of Long Beach or to oil revenues and dry gas revenues whose disposition is governed by Chapter 138 of the Statutes of 1964, First Extraordinary Session, or to any sovereign or other state lands transferred to the City of Oakland in trust by the state for port purposes. (Added by Stats. 1970, Ch. 1555.)
  27. 6378.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. )

    Verify source ↗

    The commission must determine ownership of certain salmon and steelhead spawning areas. If the areas are state property, the state must protect them and generally cannot sell, lease, or dispose of material from them, except for certain public utility rights and leases unless Fish and Game finds the facilities harmful to fishlife.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.5. Development of State Lands [6370 - 6378] ( Chapter 4.5 added by Stats. 1970, Ch. 1555. ) ## 6378. The commission shall determine the ownership of all salmon and steelhead spawning areas as designated by Section 1505 of the Fish and Game Code. All areas found to be state property shall be permanently protected by the state, and no sale, lease or disposal of material shall be made as to such areas, except that rights-of-way and easements may be granted to, and leases entered into with, public utilities for the installation, operation, and maintenance of public utility facilities unless the Director of Fish and Game shall determine that such facilities would prove deleterious to fishlife. (Added by Stats. 1971, Ch. 1405.)
  28. 6401.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State law reserves mineral deposits in public lands to the state and limits what a purchaser receives. The commission may modify surface-use rights if it finds no commercially valuable minerals are known within 500 feet of the surface.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. ) ## 6401. (a) All oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits in public lands belonging to the state, or which may become the property of the state, are reserved to the state. Such deposits are reserved from sale except upon a rental and royalty basis and except as otherwise provided by law. A purchaser of any public lands belonging to the state, or which may become property of the state, shall acquire no right, title, or interest in or to such deposits. The right of such purchaser shall be subject to the reservation of all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits, and to the conditions and limitations prescribed by law providing for the state and persons authorized by it to prospect for, mine, and remove such deposits, and to occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the mining and removal of such deposits therefrom; provided, that when any person, authorized by the state to prospect for said reserved deposits to the extent provided for in this division, enters upon such land, such person so entering shall be liable to and shall compensate such purchaser of land for all damage and injury to the permanent improvements and the crops on such lands by reason of such prospecting; provided, further, that persons who have acquired the right to mine and remove such deposits may reenter, occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the mining and removal of such deposits therefrom; first, upon securing the written consent or waiver of the purchaser of such public land; second, upon payment of the damages to crops or other tangible improvements to the owner thereof, where agreement may be had as to the amount thereof; or third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond or undertaking to the State of California for the use and benefit of the purchaser of such land, to secure the payment of such damages to the crops or tangible improvements of the purchaser of said land as may be determined and fixed in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, such bond or undertaking to be in the form and in accordance with the rules and regulations prescribed by the commission; and provided, further, that the provisions of this section shall not apply to any compromise agreement entered into under this division, nor to any exchange of real property where the state receives the mineral rights in the parcel or parcels being acquired by the state. (b) Notwithstanding subdivision (a), upon a finding by the commission that there are no known deposits of commercially valuable minerals in and above a plane located 500 feet below the surface of any lands sold or exchanged or to be sold or exchanged by the state to another, including land sold pursuant to Section 6404, and wherein any or all of the mineral deposits have been or are required by law to be reserved to the state, the commission may by quitclaim, patent, agreement, or other appropriate instrument, modify the accompanying rights of the state to the use of the surface of such lands, including any right to enter such lands to a depth of 500 feet below the surface of such lands, as will permit the orderly use and developmenmt of all such sold or exchanged lands. Any such finding by the commission and any such modification of accompanying rights of the state as provided in this subdivision shall be conclusive in favor of any purchaser or encumbrancer of such sold or exchanged lands acting in good faith and for value. Any modification authorized by this subdivision which affects school land Sections 16 and 36 granted to the state by and upon the terms and conditions set forth in Section 870 of Title 43 of the United States Code, shall not be made in a manner inconsistent with the terms and conditions set forth in such federal law so long as such terms and conditions are effective. Nothing in this subdivision shall be construed to authorize the relinquishment of any mineral rights in such lands owned or reserved to the state. (Amended by Stats. 1969, Ch. 1014.)
  29. 6401.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may sell the state’s reserved mineral interest in the described parcel to a surface property owner, but not for less than fair market value.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. ) ## 6401.5. (a) Notwithstanding Section 6401, the commission may sell to a surface property owner, for not less than fair market value, the state’s reserved mineral interest in a parcel of land comprised of 466.66 acres, described in Section 36, T 3 S, R 14 E, SBB&M, consisting of lots 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11, N 1/2 of NW 1/4, and W 1/2 of NE 1/4, located in Riverside County, upon those terms and conditions, and subject to any reservations and exceptions as the commission determines are in the best interests of the state. Proceeds from the sale shall be deposited in accordance with the requirements of Section 6217.7. (b) For purposes of this section “surface property owner” means a person who is the owner of a parcel of real property, but who does not have the right to prospect for, mine, or remove mineral deposits from that property. (Added by Stats. 2005, Ch. 701, Sec. 3. Effective January 1, 2006.)
  30. 6402.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State land purchase applications, related sales, and resulting purchase documents must reserve specified mineral rights to the State.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. ) ## 6402. All applications to purchase state public lands and all sales pursuant thereto shall be subject to and contain a reservation to the State of all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits in all lands so acquired, and shall also contain a reservation to the State, and persons authorized by it, of the right to prospect for, mine, and remove such deposits and to occupy and use so much of the surface as may be required therefor, and all certificates of purchase and patents issued therefor shall contain such reservations. Whenever authorized by law to make grants of land to the United States of America, or to an officer, department, or agency thereof, either in exchange for other lands or otherwise, the commission may make such grants with or without the reservation of deposits of oil and gas and other minerals required by this chapter. (Amended by Stats. 1947, Ch. 227.)
  31. 6403.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This chapter does not apply to the state’s sale or exchange of certain listed lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. ) ## 6403. This chapter shall not be construed as applicable to the sale or exchange by the state of the following lands: (a) Lands acquired by the state on sale thereof for delinquent taxes, other than lands the deed for which is required to be filed with the Department of Finance or the commission. (b) Lands acquired by the state by foreclosure of any lien for taxes due the state, or for penalties or interest thereon, or by execution of any judgment for money due the state, or lands which are seized by the state and sold pursuant to Section 7891 of the Revenue and Taxation Code. (c) Lands acquired by the state under the provisions of the Streets and Highways Code and sold or exchanged pursuant to the provisions of Section 104.5 thereof. (d) Lands which have escheated to the state or which have been distributed to the state by court decree in estates of deceased persons. (e) Lands which have escheated to the state under the provisions of Proposition 1 of the General Election of 1920, page 1 xxxiii, as amended. (f) Land acquired by the state for public use. (Amended by Stats. 2021, Ch. 296, Sec. 56. (AB 1096) Effective January 1, 2022.)
  32. 6404.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A state agency selling certain state lands may, with commission approval, dispose of specified mineral and resource rights and use the surface as needed.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. ) ## 6404. Any state agency that sells any of the lands listed in Section 6403, other than tax-deeded lands, may, with the approval of the commission, dispose of oil and gas, other gases, including, but not limited to, nonhydrocarbon and geothermal gases, oil shale, coal, phosphate, alumina, silica, fossils of all geological ages, sodium, gold, silver, or other mineral deposits, metals and their compounds, alkali, alkali earth, sand, clay, gravel, salts and mineral waters, uranium, trona, and geothermal resources, together with the right to prospect for, mine and remove such deposits or resources, and to occupy and use so much of the surface of the land as may be necessary therefor. (Amended by Stats. 1975, Ch. 316.)
  33. 6405.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission is responsible for and has jurisdiction over mineral reservations under Section 6404, and may rent or lease them under applicable law.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. ) ## 6405. The commission shall have the sole responsibility for and jurisdiction over the administration, management and disposal of all mineral reservations heretofore and hereafter made under the provisions of Section 6404, and is hereby authorized to rent or lease all or part of the property represented by such mineral reservations in the manner and under the conditions now or hereafter prescribed by law with respect to the rent or lease of school lands belonging to the State. (Added by Stats. 1949, Ch. 1212.)
  34. 6406.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may sell, exchange, rent, lease, or otherwise manage certain mineral reservation property, must send the Controller the name of the estate for related unclaimed-estate money, and its executive officer may sign needed documents for those powers.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. ) ## 6406. The commission is hereby authorized to sell, exchange, rent, lease, or otherwise manage the property represented by all mineral reservations to the State made prior to the effective date of Section 6403 of this code, as added by Chapter 227 of the Statutes of 1947, with respect to any lands of the classes specifically exempt from this chapter under the provisions of that section, other than lands acquired by the State under the provisions of the Streets and Highways Code, in such manner and upon such conditions as commissions may determine; provided, that any proceeds from the rent, lease, or other management of mineral reservations to the State made in connection with property which has been distributed or escheated to the State in connection with unclaimed estates of deceased persons shall be disposed of as provided by law with respect to other property in unclaimed estates of deceased persons. The commission shall furnish the Controller the name of the estate in connection with any money collected by the commission and transmitted by it to the State Treasury in connection with mineral reservations relating to unclaimed estates of deceased persons. The commission, through its executive officer, shall have the power to sign, on behalf of the State and the commission, all deeds, leases, agreements or other documents required in connection with the exercise by the commission of the powers vested in it by this section. (Added by Stats. 1949, Ch. 1212.)
  35. 6407.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section says what mineral deposits reserved to the state include and states the section’s purpose is to clarify the commission’s powers, duties, purposes, responsibilities, and jurisdiction about those reservations.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Reservation of Minerals [6401 - 6407] ( Chapter 5 added by Stats. 1941, Ch. 548. ) ## 6407. This section is enacted for the purpose of declaring the scope and extent of the powers, duties, purposes, responsibilities and jurisdiction of the commission and the legislative intent with respect to reservation of mineral deposits reserved to the state pursuant to Section 6401; but nothing herein shall be construed as limiting any power, duty, purpose, responsibility, or jurisdiction heretofore, or by this code, vested in or conferred upon the commission. Mineral deposits reserved to the state shall include all mineral deposits in lands belonging to, or which may become, the property of the state, including but not limited to, oil and gas, other gases including, but not limited to, nonhydrocarbon and geothermal gases, oil shale, coal, phosphate, alumina, silica, fossils of all geological ages, sodium, gold, silver, metals and their compounds, alkali, alkali earth, sand, clay, gravel, salts and mineral waters, uranium, trona, and geothermal resources. (Amended by Stats. 1975, Ch. 316.)
  36. 6441.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may exchange certain State public lands in national forests for equal-value U.S. timber lands, and it must select the lands and arrange the exchange with the proper U.S. officials.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. ) ## 6441. Public lands of the State, situated within the exterior boundaries of a National forest, which in the judgment of the commission are more valuable for timber than for any other purpose, may be exchanged for timber lands of the United States of equal value, in one or more compact tracts, situated in the State. The commission shall select the lands to be so exchanged and arrange with the proper officials of the United States for their exchange. (Added by Stats. 1941, Ch. 548.)
  37. 6442.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may exchange certain state public lands inside a national park boundary for equal-value U.S. public lands or timber lands, and must select the lands and arrange the exchange with U.S. officials.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. ) ## 6442. Public lands of the State, situated within the exterior boundaries of a National park, which in the judgment of the commission are more valuable for timber or recreational uses than for any other purpose may be exchanged for timber lands or other public lands of the United States of equal value, in one or more compact tracts, situated in the State. The commission shall select the lands to be so exchanged and arrange with the proper officials of the United States for their exchange. (Added by Stats. 1941, Ch. 548.)
  38. 6443.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may work with federal officials, choose state lands for exchange, and arrange the exchange with the United States.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. ) ## 6443. The commission may cooperate with the Secretary of the Interior, may select the lands of this State to be exchanged with the United States under Section 8 of an act of Congress entitled “An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement and development, to stabilize the livestock industry dependent upon the public range, and for other purposes,” approved June 28, 1934, and may arrange with the proper officials of the United States for such exchange. (Added by Stats. 1943, Ch. 980.)
  39. 6444.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If the commission decides an exchange of state public lands would benefit the State, it must certify that to the Governor, and the Governor must then execute the necessary conveyance documents.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. ) ## 6444. Whenever in the judgment of the commission it is to the advantage of the State to exchange any of its public lands, as provided in Sections 6441, 6442 and 6443, the commission shall so certify to the Governor, who shall thereupon execute, on behalf of the State, any instruments of conveyance necessary to effect the exchange. (Added by renumbering Section 6443 by Stats. 1943, Ch. 980.)
  40. 6445.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Land exchanges under this article need commission approval before any lands may be accepted, and lands acquired in this way are subject to the laws governing the relevant class of state lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Exchange of Certain Lands With the Federal Government [6441 - 6445] ( Chapter 6 added by Stats. 1941, Ch. 548. ) ## 6445. No lands shall be accepted in exchange under this article without the approval of the commission. All lands so acquired shall be subject to the laws governing State lands of the class from which the exchange was made. (Added by renumbering Section 6444 by Stats. 1943, Ch. 980.)
  41. 6461.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. )

    Verify source ↗

    People claiming an interest in certain real property may sue the State of California to quiet title, if the property is alleged to be claimed by the State and is in the former bed of a navigable river or stream.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. ) ## 6461. Any person or persons claiming any interest in or to real property which is alleged to be claimed by the State of California to be situated in the former bed of a navigable river or stream in this State, may bring suit against the State of California, in accordance with law in any court of competent jurisdiction of the State, to quiet title to such property and may prosecute the action to final judgment. If the judgment be given against the State in such suit, no costs shall be recovered against the State. (Added by Stats. 1947, Ch. 1164.)
  42. 6462.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. )

    Verify source ↗

    In a suit, summons must be served on the chair of the State Lands Commission and the Attorney General, and the Attorney General must represent the state.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. ) ## 6462. Service of summons in a suit shall be upon the chair of the State Lands Commission and the Attorney General and it shall be the duty of the Attorney General to represent the state in the suit. (Amended by Stats. 2010, Ch. 213, Sec. 12. (AB 2768) Effective January 1, 2011.)
  43. 6463.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. )

    Verify source ↗

    People claiming title under a State-issued tideland patent may sue to quiet title, test the patent’s validity, or set boundaries, and may take the case to final judgment.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. ) ## 6463. Any person or persons claiming title under a patent of tideland, issued by the State of California, may bring suit against the State, or against the State with others, in accordance with law in any court of competent jurisdiction of the State, to quiet title or otherwise determine the validity of such patent or establish boundaries of the land granted thereby or both, and may prosecute the action to final judgment. Service of summons on the State in any such suit shall be made in the manner provided in Section 6462 of this code. If judgment is given against the State in any such action or proceeding, no costs shall be recovered from the State thereunder. (Added by Stats. 1963, Ch. 813.)
  44. 6464.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. )

    Verify source ↗

    People claiming title to land next to tide or submerged land may sue the State to have the boundary fixed and determined.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. ) ## 6464. Any person or persons claiming title to land adjoining tide or submerged land, herein called “adjoining land,” under a patent issued by the United States of America or the State of California, may bring suit against the State, or against the State with others, in accordance with law in any court of competent jurisdiction of the State, to fix and determine the boundary between said adjoining land and the tide or submerged land which it adjoins, and may prosecute the action to final judgment. Service of summons on the State in any such suit shall be made in the manner as provided in Section 6462 of this code. If judgment is given against the State in any such action or proceeding, no costs shall be recovered from the State thereunder. (Added by Stats. 1963, Ch. 813.)
  45. 6465.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. )

    Verify source ↗

    If requested, a complaint in an action under this chapter must include a plat of the property.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 7. Quiet Title Actions [6461 - 6465] ( Chapter 7 added by Stats. 1947, Ch. 1164. ) ## 6465. The complaint in any action pursuant to this chapter shall, on request, contain a plat of the property to which the action relates which shows the location of the property in relation to a monument in a survey of record. (Added by Stats. 1965, Ch. 359.)
  46. 6475.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 8. State Teachers’ Retirement Lands Act [6475 - 6477] ( Chapter 8 added by Stats. 1983, Ch. 1213, Sec. 3. )

    Verify source ↗

    This chapter may be cited as the “State Teachers’ Retirement Lands Act.”

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 8. State Teachers’ Retirement Lands Act [6475 - 6477] ( Chapter 8 added by Stats. 1983, Ch. 1213, Sec. 3. ) ## 6475. This chapter shall be known and may be cited as the “State Teachers’ Retirement Lands Act.” (Added by Stats. 1983, Ch. 1213, Sec. 3.)
  47. 6477.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 8. State Teachers’ Retirement Lands Act [6475 - 6477] ( Chapter 8 added by Stats. 1983, Ch. 1213, Sec. 3. )

    Verify source ↗

    The commission must send quarterly and annual reports about specified land matters, and annual reports to the Legislature on certain commission actions.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 8. State Teachers’ Retirement Lands Act [6475 - 6477] ( Chapter 8 added by Stats. 1983, Ch. 1213, Sec. 3. ) ## 6477. (a) The commission shall report quarterly to the Teachers’ Retirement Board and annually to the Legislature and the Governor on all of the following: (1) The management of school and lieu lands. (2) Waivers, suspensions, reductions, alterations, or amendments made by the commission pursuant to Section 6916, together with the reasons therefor. (3) Acquisitions made pursuant to Section 8705, including a summary of downpayments and any other transaction costs. (b) The commission shall file a report with the Legislature annually on all waivers, suspensions, reductions, alterations, or amendments made by the commission pursuant to this section, together with the reasons therefor. (c) The reports required pursuant to this section shall be prepared in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 715, Sec. 5. (AB 1390) Effective January 1, 2022.)
  48. 6501.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    In this chapter, “lease” also means a permit, easement, or license.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6501. As used in this chapter, “lease” includes a permit, easement, or license. (Amended by Stats. 1941, Ch. 1241.)
  49. 6501.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State-owned lands under the commission’s jurisdiction may be leased for purposes the commission considers advisable.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6501.1. Lands owned by the state and which are under the jurisdiction of the commission may be leased for such purpose or purposes as the commission deems advisable, including, but not limited to, grazing leases and leases for commercial, industrial, and recreational purposes. (Amended by Stats. 1975, Ch. 1205.)
  50. 6501.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must prepare lease forms and application forms for leases under this chapter, and lease forms must include terms and conditions the commission considers in the state’s best interests.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6501.2. The commission shall prepare forms of leases for use under this chapter for such purposes as the commission deems advisable, including grazing leases and leases for commercial, industrial, and recreational purposes. Each form of lease shall contain such terms and conditions as the commission deems to be for the best interests of the state. The commission shall also prepare forms of applications for each type of lease. (Amended by Stats. 1975, Ch. 1205.)
  51. 6501.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State agencies may, with Finance approval, make certain acquired land interests available to state lessees for chapter purposes, but not land acquired for beach or park purposes.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6501.3. Any interests in lands, or lands in fee simple, acquired by the commission or by any department, board, or other commission, of the State by purchase, donation, lease, condemnation, or otherwise, may, with the approval of the Department of Finance, be made available to any lessee of the State by the commission or the department, board, or other commission of the State, for the purposes contained in this chapter and upon such terms and conditions as may be determined by the state agency acquiring the land. This section does not, however, authorize the commission or any department, board, or other commission of the State to make any interests in lands, or lands in fee simple acquired by the State for beach or park purposes available to any lessee of the State. (Added by Stats. 1959, Ch. 2124.)
  52. 6502.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A person or business seeking to lease certain state land may apply to the commission, must include a reasonable filing fee, and the commission must act on the application within set deadlines.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6502. Any person, firm, or corporation desiring to lease any of the lands owned by the state, or in which the state may have an interest, and which are under the jurisdiction of the commission, for any purpose not prohibited or otherwise provided for by law, may make application therefor to the commission, describing the lands sought to be leased by legal subdivisions, or, if such lands are unsurveyed, by metes and bounds or by such other method as the commission may prescribe. The application shall be accompanied by a reasonable filing fee prescribed by the commission by rule or regulation, but such fee may not exceed the average of the commission’s actual costs of receiving applications and making the initial title review for leases or the permits of the class applied for. All applications to lease lands under this chapter shall be approved or rejected by the commission within 180 days after receipt thereof or within 90 days after completion of the environmental impact report required by Section 6371, whichever shall occur later. In no event shall an application be held more than 270 days after receipt without approval or rejection by the commission. (Amended by Stats. 1975, Ch. 1205.)
  53. 6503.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    When an application to lease lands under this chapter is received, the commission must appraise the lands and set the annual rent or other consideration.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6503. Upon receipt of an application to lease lands under this chapter, the commission shall appraise the lands and fix the annual rent or other consideration therefor. (Amended by Stats. 1978, Ch. 1353.)
  54. 6503.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must charge rent for a private recreational pier on state lands, using local conditions and local fair annual rental values.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6503.5. (a) Consistent with Section 6503, the commission shall charge rent for a private recreational pier constructed on state lands. Rent shall be based on local conditions and local fair annual rental values. (b) Subdivision (a) does not apply to either of the following: (1) A lease in effect on July 1, 2011, for the term of that lease. If a lease in effect on July 1, 2011, expires or is otherwise terminated, the commission shall include fair annual rent provisions pursuant to subdivision (a) in the new lease contract. (2) A lease for which the application and application fees were submitted to the commission prior to March 31, 2011. (c) “Recreational pier” includes a fixed facility for the docking or mooring of boats. (Repealed and added by Stats. 2011, Ch. 585, Sec. 3. (SB 152) Effective January 1, 2012.)
  55. 6504.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must make certain lease events with gendered prize categories pay identical prize compensation at each participant level, and it must not approve a lease that fails to meet that condition.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6504. (a) As used in this section: (1) “Event” means a competition event that uses lands owned by the state that are under the jurisdiction of the commission. (2) “Prize compensation” includes prize or purse money, other prizes, goods, or other compensation. (b) The commission, for any event that awards prize compensation to competitors in gendered categories, shall require as a condition of a lease that, for any participant level that receives prize compensation, the prize compensation for each gendered category be identical at each participant level. The commission shall not approve a lease for an event that does not comply with this condition. (Added by Stats. 2019, Ch. 276, Sec. 3. (AB 467) Effective January 1, 2020.)
  56. 6505.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Grazing and recreational leases are generally limited to 10 years, with a 50-year maximum for certain recreational uses tied to residential use on the same parcel. The lessee must receive notice of purchase applications and lease termination, and may choose to end or amend the remaining lease after a sale.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6505.5. No grazing or recreational lease shall be for a period longer than 10 years except that when the recreational use is combined and is incidental to residential use on the same parcel, and the lease so recites, the lease shall not exceed 50 years. The lessee shall be notified by mail of the filing of any application to purchase the leased land or any portion thereof. The lease shall terminate as to the whole or the portion of the lands described therein on the date the sale of the whole or of such portion of the leased land is approved by the commission. The lessee shall be notified by registered mail of the termination of the lease as to the whole or portion sold. As to the portion of leased lands not sold, it shall be the option of the lessee to terminate the lease, or to cause the lease to be amended for the unexpired term, at the same annual rental per acre, without the payment of any additional fees. (Amended by Stats. 1961, Ch. 1818.)
  57. 6506.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Lease possession under this chapter must not be treated as adverse to an actual settler who enters the land with intent to buy it under the law.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6506. Possession under any lease authorized by this chapter shall not be held to be adverse to that of any person who becomes an actual settler upon any portion of land described in such lease with intent to purchase it in the manner provided by law. (Added by Stats. 1947, Ch. 887.)
  58. 6507.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may correct an error in a lease description or amend the description if the lease holder consents and the commission thinks it is in the state’s best interests.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6507. Any error in the description of any lease may, with the consent of the holder thereof, be corrected or any description amended by the commission when in its judgment it is to the best interests of the state so to do. (Amended by Stats. 1978, Ch. 1353.)
  59. 6508.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Certain public land leases end when the State designates the land for indemnity selections, and the commission must notify the lessee by registered mail.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6508. Any lease for sixteenth and thirty-sixth sections or any portion thereof which are now or may hereafter be included within the exterior boundaries of a national reservation or of a reserve, or within the exterior boundaries of lands withdrawn from public entry, shall terminate whenever the State designates the lands as bases for indemnity selections as provided by law. The lessee shall be notified by the commission by registered mail whenever the State so designates the land. (Added by Stats. 1947, Ch. 887.)
  60. 6509.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If a lease ends because the land is sold or designated for indemnity selections, the lessee must return the lease and receives a refund certificate or related rental credit; the Controller then issues a warrant and the Treasurer pays it.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Leasing Law [6501 - 6509] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6509. If a lease is terminated by reason of the sale of the land, or by the designation of land as a base for indemnity selections, the lessee shall surrender the lease to the commission and receive in exchange therefor from the commission a certificate showing the proportionate amount of the annual payment to be refunded to the lessee, for the tract of land that has been disposed of by the State. If the lease has been amended because of the sale of a portion of the lands described therein, the commission shall, at the option of the lessee, credit the lessee with the amount of the prepaid rental applicable to rental due for the remaining term of the lease or issue a certificate to the lessee showing the proportionate amount of the rental to be refunded to the lessee. The State Controller, upon the surrender to him of the certificate, shall issue to the lessee a warrant for the amount payable out of the State School Fund or, if the rentals received under the lease were deposited in the General Fund, then the warrant shall be payable out of any appropriation available for such purpose, and the State Treasurer shall pay the same. (Amended by Stats. 1959, Ch. 242.)
  61. 660.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The Department of Conservation has a State Mining and Geology Board with nine members, appointed by the Governor and confirmed by the Senate.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 660. There is in the department a State Mining and Geology Board consisting of nine members appointed by the Governor, subject to confirmation by the Senate. (Amended by Stats. 1988, Ch. 257, Sec. 1.)
  62. 661.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This section defines “board” and “division” for this article.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 661. As used in this article, “board” means the State Mining and Geology Board and “division” means the California Geological Survey of the department. (Amended by Stats. 2006, Ch. 869, Sec. 11. Effective January 1, 2007.)
  63. 662.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    Board members must represent the general public interest and, if a member has a conflict of interest on a matter, must give the clerk a brief written explanation before the board votes.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 662. (a) One member of the board shall be a professional geologist with background and experience in mining geology; one member shall be a mining engineer with background and experience in mining minerals in California; one member shall have background and experience in groundwater hydrology, water quality, and rock chemistry; one member shall be a representative of local government with background and experience in urban planning; one member shall have background and experience in the field of environmental protection or the study of ecosystems; one member shall be a professional geologist, registered geophysicist, registered civil engineer, or registered structural engineer with background and experience in seismology; one member shall be a landscape architect with background and experience in soil conservation or revegetation of disturbed soils; one member shall have background and experience in mineral resource conservation, development, and utilization; and one member shall not be required to have specialized experience. (b) All members of the board shall represent the general public interest, but not more than one-third of the members at any one time may be currently employed by, or receive more than 25 percent of their annual income, not to exceed $25,000 a year per member, from an entity that owns or operates a mine in California. The representative of local government shall not be considered an employee of an entity that owns or operates a mine if the lead agency employing the representative owns or operates a mine. For purposes of this section, retirement or other benefits paid by a mining entity to an individual who is no longer employed by that entity are not considered to be compensation, if those benefits were earned prior to the date the individual terminated his or her employment with the entity. (c) If a member of the board determines that he or she has a conflict of interest on a particular matter before the board pursuant to subdivision (b) or Section 663, he or she shall provide the clerk of the board with a brief written explanation of the basis for the conflict of interest, which shall become a part of the public record of the board. The written explanation shall be delivered prior to the time the matter to which it pertains is voted on by the board. This disclosure requirement is in addition to any other conflict-of-interest disclosure requirement imposed by law. (Amended by Stats. 2004, Ch. 865, Sec. 37. Effective January 1, 2005.)
  64. 663.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    Board members must not participate in or influence board matters involving themselves, connected persons, or certain financial interests, and must not act before state or local agencies for surface mining operators.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 663. (a) No member of the board shall participate in any action of the board or attempt to influence any decision of the board that involves himself or herself, or any person with whom he or she is connected, as a director, officer, paid consultant, or full-time or part-time employee, or in which he or she has a financial interest within the meaning of Section 87103 of the Government Code. (b) No board member shall participate in any proceeding before any state or local agency as a consultant or in any other capacity on behalf of any person who engages in surface mining operations. (c) Upon request of any person, or on his or her own initiative, the Attorney General may file a complaint in the superior court for the county in which the board has its principal office alleging that a board member has knowingly violated this section, alleging the facts upon which the allegation is based, and asking that the member be removed from office. Further proceedings shall be in accordance as nearly as practicable with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall order the member removed from office. (Amended by Stats. 1993, Ch. 278, Sec. 2. Effective August 2, 1993.)
  65. 663.1.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This section limits ex parte communications by board members and certain others, requires disclosure of such communications, and sets a civil fine for knowing violations.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 663.1. (a) For the purposes of this section, “ex parte communication” means any oral or written communication between a member of the board and an interested person about a matter within the board’s jurisdiction that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. (b) For purposes of this section, “a matter within the board’s jurisdiction” means any action on a reclamation plan or financial assurance appealed pursuant to subdivision (e) of Section 2770, any review of an order setting administrative penalties pursuant to Section 2774.2, or any review of an appeal pursuant to Section 2775. (c) A board member or any person, other than a staff member of the board, department, or any other state agency, who is acting in his or her official capacity and who intends to influence the decision of the board on a matter within the board’s jurisdiction, shall not conduct an ex parte communication, unless the board member or the person who engages in the communication with the board member discloses that communication in one of the following ways: (1) The board member or the person fully discloses the communication and makes public the ex parte communication by providing a full report of the communication to the executive officer or, if the communication occurs within seven days of the next board hearing, to the board on the record of the proceeding of that hearing. (2) When two or more board members receive substantially the same written communication or receive the same oral communication from the same party on the same matter, one of the board members fully discloses the communication on behalf of the other board member or members who received the communication and requests in writing that it be placed in the board’s official record of the proceeding. (d) (1) The board shall adopt standard disclosure forms for reporting ex parte communications which shall include, but not be limited to, all of the following information: (A) The date, time, and location of the communication. (B) The identity of the person or persons initiating and the person or persons receiving the communication. (C) A complete description of the content of the communication, including the complete text of any written material that was part of the communication. (2) The executive officer shall place in the public record any report of an ex parte communication. (e) Communications shall cease to be ex parte communications when fully disclosed and placed in the board’s official record. (f) In addition to any other applicable penalty, a board member who knowingly violates this section is subject to a civil fine, not to exceed seven thousand five hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys’ fees and costs to the prevailing party. (g) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to proceedings of the board under this code. (Amended by Stats. 1995, Ch. 938, Sec. 81. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  66. 663.2.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    A board member may not use official position to influence a board decision if the member knowingly had an unreported ex parte communication about that decision.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 663.2. (a) No board member shall make, participate in making, or in any other way attempt to use his or her official position to influence a board decision about which the member has knowingly had an ex parte communication that has not been reported pursuant to Section 663.1. (b) In addition to any other applicable penalty, including a civil fine imposed pursuant to subdivision (f) of Section 663.1, a board member who knowingly violates this section shall be subject to a civil fine, not to exceed seven thousand five hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys’ fees and costs to the prevailing party. (Added by Stats. 1993, Ch. 278, Sec. 4. Effective August 2, 1993.)
  67. 664.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    Board members serve four-year terms, and the Governor must immediately fill vacancies on the board.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 664. Each member of the board shall hold office for four years. Vacancies shall be immediately filled by the Governor. (Amended by Stats. 1988, Ch. 257, Sec. 2.)
  68. 667.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    Board members are paid $100 per day for official duties, with annual compensation caps of $4,000 for members and $5,000 for the chair, and members are reimbursed for necessary travel and other official-duty expenses.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 667. Each member of the board shall receive one hundred dollars ($100) for each day during which the member is engaged in the performance of official duties. The compensation of each member, except the compensation of the chair, shall not, however, exceed in any one fiscal year the sum of four thousand dollars ($4,000). The chair of the board may receive compensation not to exceed five thousand dollars ($5,000) in any one fiscal year for the performance of official duties. In addition to the compensation, each member shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties. (Amended by Stats. 2011, Ch. 296, Sec. 254. (AB 1023) Effective January 1, 2012.)
  69. 668.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board must keep its headquarters in Sacramento, hold meetings at times and places it तयर्मines, keep meetings open to the public, and use the stated voting rules for quorum and policy changes.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 668. The board shall maintain its headquarters in Sacramento and shall hold meetings at such times and at such places as shall be determined by it. Five members of the board shall constitute a quorum for the purpose of transacting any business of the board. A majority affirmative vote of the total authorized membership of the board shall be necessary to adopt, amend, or repeal state policy for the reclamation of mined lands adopted pursuant to Article 4 (commencing with Section 2755) of Chapter 9 of Division 2. All meetings of the board shall be open to the public. (Added by Stats. 1975, Ch. 1131.)
  70. 669.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The Governor must choose the board chair from among the board members, and the board must elect a vice chair each year.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 669. The Governor shall designate the chair of the board from among the members of the board. The person designated as the chair shall hold the office at the pleasure of the Governor. The board shall annually elect a vice chair from among its members. (Amended by Stats. 2010, Ch. 213, Sec. 4. (AB 2768) Effective January 1, 2011.)
  71. 670.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board may appoint an executive officer, who is exempt from civil service, and may hire needed clerical assistance. The board and its employees may not have or receive powers over administration of the division.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 670. The board may appoint an executive officer who shall be exempt from civil service. The board may also employ the clerical assistance necessary for the proper discharge of its duties. Neither the board nor its employees shall have or be given any powers in relation to the administration of the division. (Amended by Stats. 2025, Ch. 236, Sec. 1. (SB 831) Effective January 1, 2026.)
  72. 6701.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. )

    Verify source ↗

    An amendment, modification, or revocation of a grant of tide or submerged lands must not impair or affect certain pre-existing third-party rights or obligations, subject to Section 6702.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. ) ## 6701. Subject to the provisions of Section 6702, no amendment, modification, or revocation, in whole or in part, of any grant of tide or submerged lands heretofore made or that may be hereafter made by the Legislature shall impair or affect the rights or obligations of third parties, including lessees, lenders for value, holders of contracts conferring the right to the use and occupation of, or the right to conduct operations upon or within such lands, arising from leases, contracts, or other instruments lawfully entered into prior to the effective date of such amendment, modification, or revocation. (Added by Stats. 1970, Ch. 1451.)
  73. 6702.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. )

    Verify source ↗

    Section 6702 limits when Section 6701 applies to certain leases, contracts, and other instruments, and sets conditions for State Lands Commission review.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. ) ## 6702. (a) The provisions of Section 6701 shall not apply to any of the following unless the provisions of subdivision (b) are first complied with: (1) Any lease, contract, or other instrument entered into on or after the effective date of this chapter. (2) Any lease, contract, or other instrument entered into before the effective date of this chapter if (i) such lease, contract, or other instrument affects lands which have been filled in between January 1, 1970, and the date of any such amendment, modification, or revocation by the Legislature, or (ii) there have not been erected, prior to January 1, 1970, any artificial structures on any of the lands affected thereby pursuant to any exercise of rights expressly or impliedly conferred by any such lease, contract, or other instrument and under the terms of such lease, contract, or other instrument the total capital expenditures reasonably anticipated on such lands are ten thousand dollars ($10,000) or greater. (3) Any amendment, modification, or alteration made on or after January 1, 1970, to any lease, contract, or other instrument entered into before the effective date of this chapter if such amendment, modification, or alteration either extends the term of such lease, contract, or other instrument for more than six months or authorizes the erection of improvements not previously authorized thereby upon lands unoccupied by permanent structures as of January 1, 1970. For purposes of this chapter, “lease, contract, or other instrument” includes any amendment, modification, or alteration described by this paragraph. (b) The provisions of Section 6701 shall be applicable to any lease, contract, or other instrument described in subdivision (a) which is submitted to the State Lands Commission and as to which the commission makes all the following determinations: (1) That such lease, contract, or other instrument is in accordance with the terms of the grant or grants under which title to the tide or submerged lands in question is held. (2) That the proceeds of such lease, contract, or other instrument shall be deposited in an appropriate fund expendable only for statewide purposes authorized by a legislative grant. (3) That such lease, contract, or other instrument is in the best interests of the state. (c) The provisions of Section 6701 shall apply to any lease, contract, or other instrument entered into before the effective date of this chapter if such lease, contract, or other instrument is not one described by subdivision (a), without requiring that it be submitted to the State Lands Commission. (d) For purposes of this section, lands shall be deemed to have been “filled in” if such lands were permanently or periodically covered by tidal waters on or after January 1, 1970, and thereafter are either raised to a level above mean lower low water by the deposition of earth or other materials thereon or have permanent artificial structures erected thereon. (Added by Stats. 1970, Ch. 1451.)
  74. 6703.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. )

    Verify source ↗

    If a lease, contract, or other instrument is submitted to the State Lands Commission under Section 6702, the submitter must bear the study and investigation costs, including reasonable employee-time reimbursement, unless the commission and the submitter agree otherwise under the commission’s rules.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. ) ## 6703. Whenever a lease, contract, or other instrument is submitted to the State Lands Commission pursuant to Section 6702, the costs of any study or investigation, including a reasonable reimbursement for employees’ time, incurred by the State Lands Division in processing and investigating such submittal shall be borne by the legislative grantee or the person or entity making such submittal, as may be agreed upon between the commission and such grantee or other person or entity making such submittal, in accordance with rules and regulations adopted by the commission. (Added by Stats. 1970, Ch. 1451.)
  75. 6704.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. )

    Verify source ↗

    If the State Lands Commission does not issue the required Section 6702 report in time, the delay counts as an affirmative finding.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. ) ## 6704. Failure of the State Lands Commission to issue to the legislative grantee a written report making, or declining to make with reasons for so declining, the determinations set forth in Section 6702 within 90 days of receipt from the legislative grantee of all material required by the rules and regulations of the commission to be submitted pursuant to Section 6702, or within any other period of time mutually agreed upon by the commission and the legislative grantee, shall be the equivalent of an affirmative finding with respect to each of such determinations required by Section 6702 and the provisions of Section 6701 shall become applicable to the lease, contract, or other instrument in question. (Added by Stats. 1970, Ch. 1451.)
  76. 6705.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. )

    Verify source ↗

    This section says the chapter does not affect the validity of leases, contracts, or other instruments affecting tide or submerged lands, and no presumption of validity or invalidity arises from a legislative grantee’s failure to submit them to the State Lands Commission or from the commission’s findings.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. ) ## 6705. This chapter shall not be construed to affect the validity of leases, contracts, or other instruments affecting tide or submerged lands, and there shall be no presumptions raised concerning the validity or invalidity of any lease, contract, or other instrument which is required by Section 6702 to be submitted to the State Lands Commission in order to make the provisions of Section 6701 applicable thereto because of the failure of the legislative grantee to submit such lease, contract, or other instrument to the commission, or because of any findings of such commission thereon. (Added by Stats. 1970, Ch. 1451.)
  77. 6706.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. )

    Verify source ↗

    After a revocation of a grant of tide or submerged lands, the grantee must give the State Lands Commission the relevant instruments within 30 days, unless a longer period is agreed. The state may also take over the grantee’s interest in those instruments, and the commission may exercise that option within six months after the instruments are submitted.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. ) ## 6706. If on the effective date of any revocation of a grant of tide or submerged lands, there are in effect any leases, contracts, or other instruments to which the provisions of Section 6701 are applicable, the state may at its option, exercised by, and evidenced by appropriate action on the part of, the State Lands Commission, succeed to the interest in any such instrument of the grantee named in such grant; otherwise, the interest of such grantee in any such instrument then in effect shall continue during the term or other period of time during which such instrument shall remain in effect, or until such time as the commission exercises the option set forth in this section. The grantee shall furnish the commission with all such instruments within 30 days after the effective date of any such revocation, or any longer period mutually agreed upon between the commission and the grantee, and the commission may exercise the option at any time within six months from the date such instruments were submitted to it. (Added by Stats. 1970, Ch. 1451.)
  78. 6707.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. )

    Verify source ↗

    A local trustee or dredging applicant must give the commission written notice at least 120 days before dredging begins, and the commission may require a lease if conditions are not met.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands [6701 - 6707] ( Chapter 2 added by Stats. 1970, Ch. 1451. ) ## 6707. (a) The Legislature finds and declares that to promote and accommodate public trust uses, including commerce, navigation, and fisheries, proper management of granted public trust lands may require the local trustee to conduct dredging of navigational channels and vessel berths on granted lands, including on those granted lands in which the state reserves mineral interests, and that those dredging activities are consistent with the public trust. (b) A local trustee of tide and submerged lands or an applicant for dredging on granted tide and submerged lands that intends to commence dredging on granted public trust lands, upon which any right to minerals on those lands is reserved by the state, shall notify the commission, in writing, no later than 120 days prior to the time dredging is commenced. The notice shall contain all of the following information: (1) A description of the dredging to be conducted on those lands, including a map and land description showing the area and project site. (2) A description of the amount of material to be dredged, disposal amount, location, and means of disposal, if available. (3) The time and manner in which dredging is to occur. (4) The relevant permits, authorizations, and approvals that exist or must be obtained to complete dredging, or, if applicable, demonstration of compliance with a dredged materials management office plan that is administered by the United States Army Corps of Engineers. (5) A declaration that the dredging is necessary for the proper management of the grant consistent with the public trust for commerce, navigation, and fisheries, or a statement of why the dredging is necessary to be undertaken for other purposes and a declaration that the dredging is consistent with the statutory grant. (6) A statement with supporting documents that explains whether the trustee anticipates receipt of any revenues from the materials to be dredged, and, if so, in what amounts. (c) After submission of the written notice required by this section, a local trustee or applicant for dredging may presume that a dredging lease is not required if all of the following conditions are met: (1) The dredging is maintenance dredging consistent with the proper management of the granted lands. (2) The dredged material is not sold or used for a private benefit. (3) The dredged material is disposed of at an approved onshore or offshore disposal site. (d) The commission may require a lease for any dredging on granted tide and submerged lands wherein the right to minerals is reserved to the state if the proposed dredging does not meet the conditions set forth in subdivision (c). The commission may delegate the authority to determine whether a lease is necessary to its executive officer. If the commission determines that a lease is required, the commission shall provide the grantee or applicant for dredging with written notification of that determination within 30 days after the commission receives notification of the proposed dredging. All applicable reimbursement costs shall be submitted with the application for a lease, if a lease is necessary. (e) This section shall apply only to dredging operations that are commenced on or after January 1, 2014. (f) This section does not exempt a local trustee of tide and submerged lands or other person or entity dredging on those lands from any permit or other approval necessary to carry out dredging operations that may be required by another local, state, or federal law. (g) (1) Any revenue that is earned by a local trustee from the dredging of granted lands shall be held or spent in a manner consistent with the trustee’s existing obligations under the public trust and the specific terms of its grant of lands. (2) If a local trustee receives any revenue from the dredged materials not otherwise disclosed in the notice required by this section, the local trustee shall immediately notify the commission in writing. The commission may require the grantee to pay a reasonable royalty and enter into a lease for the dredging. If a grantee fails to notify the commission, the commission may require the local trustee to remit all revenues to the state. (h) Nothing in this section shall be construed to limit the authority of the commission to enter into a lease, at its discretion, for dredging activity on granted tide and submerged lands wherein the right to minerals is reserved to the state. (Added by Stats. 2013, Ch. 104, Sec. 3. (AB 727) Effective January 1, 2014.)
  79. 671.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The director may not amend or repeal any order, ruling, or directive of the board.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 671. The director shall have no power to amend or repeal any order, ruling, or directive of the board. (Added by Stats. 1975, Ch. 1131.)
  80. 672.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board must represent the state’s interests in mining, reclamation, and geological information, and must set general division policy.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 672. The board shall represent the state’s interest in the development, utilization, and conservation of the mineral resources of the state and the reclamation of mined lands, as provided by law, and federal matters pertaining to mining, and shall determine, establish, and maintain an adequate surface mining and reclamation policy. The board shall also represent the state’s interest in the development of geological information necessary to the understanding and utilization of the state’s terrain, and seismological and geological information pertaining to earthquake and other geological hazards. General policies for the division shall be determined by the board. (Amended by Stats. 1976, Ch. 1243.)
  81. 673.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board must also serve as a policy and appeals board for Chapter 7.5 of Division 2.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 673. The board shall also serve as a policy and appeals board for the purposes of Chapter 7.5 (commencing with Section 2621) of Division 2. (Added by Stats. 1975, Ch. 1131.)
  82. 675.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board may set up a statewide research program on the technical aspects of reclaiming mined lands, accept funding to support it, and carry it out alone, by contract, or with other public or private entities.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 675. The board may provide for a statewide program of research regarding the technical phases of reclaiming mined lands which may be delegated to it by law and may accept funds from the United States or from any person to aid in carrying out the provisions of this section. The board may conduct such a program independently or by contract or in cooperation with any person, public or private organization, federal agency, or state agency, including any political subdivision of the state. (Added by Stats. 1975, Ch. 1131.)
  83. 676.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board must provide a public information program about terrain, mineral resources, mining, mined-land reclamation, and earthquake and geological hazards.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 676. The board shall provide for a public information program on matters involving the state’s terrain, mineral resources, mining, the reclamation of mined lands, and the seismological and geological aspects of earthquakes and other geological hazards. (Amended by Stats. 1976, Ch. 1243.)
  84. 677.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board must nominate the State Geologist, and the director must appoint that person.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 677. The board shall nominate, and the director shall appoint, the State Geologist, who shall either be registered in compliance with the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions Code) at least one year from the date of appointment, or the Board for Professional Engineers and Land Surveyors may, upon the review of academic and professional experience, grant registration. The State Geologist shall possess general knowledge of mineral resources, structural geology, seismology, engineering geology, and related disciplines in science and engineering, and the reclamation of mined lands and waters. The State Geologist shall advise the director regarding technical, scientific, and engineering issues, including the scientific quality of the division's products and activities. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 68. (AB 20 4x) Effective October 23, 2009.)
  85. 678.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The director may authorize the State Geologist, or a division employee, to exercise certain director powers and duties under the State Civil Service Act.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Mining and Geology Board [660 - 678] ( Heading of Article 2 renumbered from Article 3 by Stats. 1976, Ch. 1300. ) ## 678. The director may authorize the State Geologist to exercise his power to appoint employees of the division in accordance with the State Civil Service Act. The director may authorize the State Geologist, or any employee of the division, to exercise any power granted to, or perform any duty imposed upon, the director by the State Civil Service Act. (Added by Stats. 1975, Ch. 1131.)
  86. 6801.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Only eligible persons, associations, corporations, and certain treaty-based noncitizens may be issued and hold a lease or prospecting permit under this chapter.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6801. A lease or prospecting permit under this chapter shall be issued only to and held by: (a) Persons or associations of persons who are citizens of the United States or who have declared their intention of becoming such, or who are citizens of any country, dependency, colony, or province, the laws, customs, and regulations of which permit the grant of similar or like privileges to citizens of the United States. (b) Any corporation or corporations organized and existing under and by virtue of the laws of the United States or of any state or territory thereof; or any corporation or corporations 90 percent or more of the shares of which are owned by persons eligible to hold a lease or permit under subdivision (a) or (c) of this section; or any corporation or corporations 90 percent or more of the shares of which are owned either by a corporation eligible to hold a lease or permit hereunder, or by any combination of such eligible persons or corporations, or both. (c) Any person who is not a citizen or national of the United States entitled thereto by virtue of any treaty between the United States and the nation or country of which that person is a citizen or subject. (d) In every case of joint bidding, the names of all persons, firms, or corporations interested in a particular joint bid shall be specified. (Amended by Stats. 2021, Ch. 296, Sec. 57. (AB 1096) Effective January 1, 2022.)
  87. 6802.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    An interest held in violation of this chapter is forfeited to the State, and the State may bring proceedings in superior court to recover it.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6802. Any interest held in violation of this chapter shall be forfeited to the State by appropriate proceedings for that purpose brought by the State in the superior court for the county in which the property or some part thereof is located, except that any ownership or interest forbidden in this chapter which is acquired by descent, will, judgment, or decree may be held for two years and not longer after its acquisition. (Added by Stats. 1941, Ch. 548.)
  88. 6803.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    When issuing a lease under this chapter, the commission may reserve to the State the right to lease, sell, or otherwise dispose of the surface, if the surface is not needed by the lessee.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6803. The commission, in issuing any lease under this chapter, may reserve to the State the right to lease, sell, or otherwise dispose of the surface of the lands embraced within the lease, in so far as the surface is not required by the lessee. If such a reservation is to be made, however, it shall be so determined before the offering of the lease. (Added by Stats. 1941, Ch. 548.)
  89. 6804.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Leases or permits under this chapter may be assigned, transferred, or sublet only with commission approval, and some steps must be completed before the transaction takes effect.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6804. (a) A lease or permit issued under this chapter may be assigned, transferred, or sublet as to all or any part of the leased or permitted lands, and as to either a divided or undivided interest therein, or as to any separate and distinct zone or geological horizon or portion thereof, subject to approval by the commission, to any person, association of persons, or corporation, who, at the time of the proposed assignment, transfer, or sublease, possesses the qualifications provided in this chapter. Any assignment, transfer, or sublease shall take effect as of the first day of the month following the approval by the commission and filing with the commission of an executed counterpart thereof, together with any required bond and proof of the qualification, under this act and the rules and regulations of the commission, of the assignee, transferee, or sublessee to take or hold that lease, permit, or interest therein. Unless approved by the commission, no assignment, transfer, or sublease shall be of any effect. Upon approval of any assignment, transfer, or sublease, the assignee, transferee, or sublessee shall be bound by the terms of the lease or permit to the same extent as the assignor, transferor, or sublessor has been, and, except as provided in subdivision (c), shall continue to be, any conditions in the assignment, transfer, or sublease to the contrary notwithstanding. Any assignment or transfer of a separate portion of any lease or permit or of a separate and distinct zone or geological horizon, or a portion thereof, shall segregate the assigned, transferred, or subleased portion thereof from the retained portion thereof, and those segregated leases or permits shall continue in full force and effect for the primary term of the original lease or permit, but, in the case of any lease, for not less than two years after the date of discovery of oil or gas in paying quantities, or commercially valuable deposit of minerals, upon any segregated portion of the lands, zones, or horizons originally subject to that lease, and so long thereafter as oil or gas is produced in paying quantities. Assignments or transfers under this section may also be made with the approval of the commission of parts of leases that are in their extended term because of production, and the segregated lease of any undeveloped lands, zones, or horizons shall continue in full force and effect for two years and so long thereafter as oil, gas, or minerals are produced in paying quantities from the segregated lease lands, zones, or horizons. (b) (1) In considering the approval of an assignment, transfer, or sublease of a lease or permit under subdivision (a), the commission may consider whether a proposed assignee is likely to comply with the terms of the lease or permit for the duration of both the primary term of the original lease or permit and any extended term of the lease because of production, as determined by all of the following factors: (A) The proposed assignee’s experience with offshore or onshore oil or gas production or mineral extraction, as applicable. (B) Any financial or economic considerations that may affect a proposed assignee and its ability to comply with the terms of a lease or permit. (C) Any information concerning the proposed assignee’s compliance or noncompliance with other contractual obligations to the state or other government agency. (D) Any record of noncompliance with any other laws or regulations. (2) For purposes of this section, “proposed assignee” means the person or entity in whose name the lease or permit will be held after assignment, transfer, or sublease of a lease or permit, or any person or entity that makes managerial decisions for or exercises managerial control over the assignee. (c) An assignment, transfer, or sublease pursuant to subdivision (a), or a memorandum of the assignment, transfer, or sublease, shall be recorded in the office of the county recorder of the county in which the leased or permitted lands are located. (d) The assignor, transferor, or sublessor of a lease or permit under subdivision (a) shall remain liable for, and shall not be released or discharged from, obligations under the lease or permit, including requirements under state law to properly plug and abandon all wells, decommission all production facilities and related infrastructure, complete well site restoration and lease restoration, and remediate contamination at well and lease sites, except under either of the following circumstances: (1) The commission determines that all lease or permit obligations have been fulfilled. (2) The commission, in its sole discretion, approves the assignor’s, transferor’s, or sublessor’s request for a waiver of liability and release from the lease or permit obligations pursuant to this paragraph. The commission may approve a waiver and release under the following conditions: (A) The assignor, transferor, or sublessor provides the commission both of the following: (i) An estimate, by an independent third party approved by the commission, of the costs of fulfilling outstanding lease or permit obligations. (ii) A security in at least the amount estimated under clause (i), plus an additional 20 percent of that amount, to account for the time value of money and potential cost overruns. The security may be cash, a letter of credit, or a bond. If the assignor, transferor, or sublessor is already maintaining a bond pursuant to Section 6829, the commission shall deduct the amount of the existing bond from the amount of a security necessary to comply with the requirements of this clause. (B) The commission determines that the waiver and release is in the best interests of the state. (Amended by Stats. 2019, Ch. 123, Sec. 1. (AB 585) Effective January 1, 2020.)
  90. 6804.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A lessee may file a written quitclaim or relinquishment with the commission, and the filing takes effect on the filing date, subject to payment of accrued rentals and royalties and making wells safe for suspension or abandonment.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6804.1. Notwithstanding any provisions of this code to the contrary, a lessee may at any time make and file with the commission a written quitclaim or relinquishment of all rights under any lease or of any portion thereof comprising a 10-acre parcel or multiple thereof in a compact form, or of any separate or distinct zone or geological horizon or portion thereof underlying such 10-acre parcel or multiple thereof. Such quitclaim or relinquishment shall be effective as of the date of its filing, subject to the continued obligation of the lessee and his surety to make payment of all rentals and royalties theretofore accrued and to place all wells on the lands or in the zones or horizons to be quitclaimed or relinquished, in condition for suspension or abandonment in accordance with the applicable lease terms and regulations; thereupon the lessee shall be released from all obligations thereafter accruing under said lease with respect to the lands, zones or horizons quitclaimed or relinquished, but no such quitclaim or relinquishment shall release such lessee or his surety from any liability for breach of any obligation of the lease with respect to which such lessee is in default at the time of the filing of such quitclaim or relinquishment. (Added by Stats. 1955, Ch. 1724.)
  91. 6805.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may cancel certain prospecting permits or leases if required conditions are not met, and permits or leases must include cancellation terms.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6805. The commission shall reserve and may exercise the authority to cancel any prospecting permit or lease upon which a commercially valuable deposit of minerals or geothermal resources other than oil or gas has not been discovered or upon which oil or gas has not been discovered in paying quantities upon failure of the permittee or lessee (after 30 days’ written notice and demand for performance) to exercise due diligence and care in the prosecution of the prospecting or development work in accordance with the terms and conditions of the permit or lease. After discovery of a commercially valuable deposit of minerals or geothermal resources other than oil or gas on lands subject to any permit or lease issued pursuant to this chapter, or after discovery of oil or gas in paying quantities on lands subject to any lease, the permit or lease may be forfeited and canceled only upon failure of the lessee after 90 days’ written notice and demand to comply with any of the provisions of the permit or lease or of the regulations applicable thereto and in force at the date of the permit or lease. However, in the event of any cancellation the lessee under any oil or gas lease or the permittee or lessee under any geothermal resource permit or lease shall have the right to retain under the permit or lease any and all drilling or producing wells as to which no default exists, together with a parcel of land surrounding any well or wells and any rights-of-way through the lands, under permit or lease, as may be reasonably necessary to enable the permittee or lessee to drill and operate the retained well or wells. In the event of the cancellation of any permit or lease the permittee or lessee shall have a reasonable time within which to remove any and all property, equipment and facilities owned or used by the permittee or lessee in connection with operations under the permit or lease. The commission shall insert in every permit or lease issued under this chapter appropriate provisions for its cancellation in accordance with the provisions of this section. (Amended by Stats. 1980, Ch. 676, Sec. 276.)
  92. 6806.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A permit or lease under this chapter must reserve to the commission the right to allow shared use of easements or rights of way, on terms the commission considers just.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6806. Any permit or lease under this chapter shall reserve to the commission the right to allow, upon such terms as the commission may determine to be just, the joint or several use of such easements or rights of way, including easements in tunnels, upon, through, or in the lands leased or permitted, as may be necessary or appropriate for the working of such lands or of other lands containing the deposits described in this chapter. (Added by Stats. 1941, Ch. 548.)
  93. 6807.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may acquire land interests by purchase, donation, or lease for specified oil and gas operations and related necessary sites.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6807. The commission, in the name of the State, may purchase or receive by donation or lease any right of way or easement in real property, or any real property in fee simple, necessary or proper for sites for drilling operations, storage of oil, dehydration plants, absorption plants, or other operations necessary or proper under this chapter. (Added by Stats. 1941, Ch. 548.)
  94. 6808.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may take rights-of-way or easements, including surface rights, for state oil and gas operations when it decides doing so is in the state's best interests.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6808. The commission, if it deems such action for the best interests of the state, may condemn, acquire, and possess in the name of the state any right-of-way or easement, including surface rights, for any operation authorized or contemplated under this chapter, that may be necessary for the development and production of oil and gas from state-owned land and for their removal, transportation, storage, and sale. (Amended by Stats. 1975, Ch. 1239.)
  95. 6809.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may make certain land interests available to State lessees for this chapter’s purposes, on terms and conditions it sets.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6809. Any interests in lands, or lands in fee simple, acquired by the commission by purchase, donation, lease, condemnation, or otherwise, may be made available to any lessee of the State for the purposes contained in this chapter and upon such terms and conditions as may be determined by the commission. (Added by Stats. 1941, Ch. 548.)
  96. 6810.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may acquire certain structures and improvements on State land, but only if a qualified lessee asks in writing, agrees to reimburse the State, and deposits any security the commission requires.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6810. The provisions of this chapter authorizing the commission to acquire interests in real property include the acquisition of structures and improvements situated on lands sold by the State subject to the reservations provided herein. Such structures and improvements shall be acquired, however, only upon the written request of a lessee under this chapter, to whom the State has granted the right to extract the oil and gas or other minerals from such lands, and only upon the agreement by the lessee to reimburse the State for the cost and expense of such acquisition and the deposit by the lessee with the commission of such security as it may require. (Added by Stats. 1941, Ch. 548.)
  97. 6811.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may withdraw bid offers, reject all bids, or remove all or part of a tract from a proposed lease before the lease is awarded.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6811. The commission may, prior to the receipt of any bid for a lease under this chapter, withdraw any offer to receive bids therefor, and it may reject all bids therefor filed pursuant to invitation of the commission. At any time before the awarding of a lease thereon, all or any portion of a tract proposed to be leased may be withdrawn by the commission and eliminated from the proposal. (Added by Stats. 1941, Ch. 548.)
  98. 6812.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    When the commission may grant a lease of State lands, it may instead make and execute an easement for surface or subsurface rights, or both.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6812. Whenever by the terms of this chapter the commission may grant a lease of State lands, the commission may make and execute an easement of surface or subsurface rights, or both, in lieu thereof and upon the same terms and conditions and subject to the same limitations and prohibitions as are provided for a lease of such lands. (Added by Stats. 1941, Ch. 548.)
  99. 6813.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may make agreements about oil and gas claims affecting state land, including interests, boundary lines, development while boundaries are unresolved, and damages; agreements with the United States or its agencies need the Governor’s first approval to be effective.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6813. For the purpose of this chapter, the commission may enter into agreements with any person, association of persons, corporation, city, or county, the United States or any agency thereof, or any of them, claiming the oil and gas in lands adversely to the State of California, which agreements may: (a) Establish the respective interests of the parties to the agreement in the oil and gas underlying such land. (b) Establish the boundary line between lands claimed by the State and other parties to the agreement in those cases in which oil or gas is known or believed to exist in such lands or in the vicinity thereof, and, pending the establishment of any such boundaries, provide for the administration, exploration and development of any lands embraced within the conflicting boundary claims. (c) Fix the amount of damages for past or future production of oil and gas from wells drilled under color of title on or into land claimed by the State. Any agreement entered into by the commission with the United States or any agency thereof under this section shall first be approved by the Governor in order to make it effective. (Amended by Stats. 1951, Ch. 686.)
  100. 6814.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may sue to determine oil and gas title and recover damages, and certain claimants may intervene. State-related title disputes must be brought and tried in the county where the land is located.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6814. The commission, in the name of the people of the State, may bring action to determine the title to oil and gas in land against persons, associations of persons, and corporations claiming the oil and gas adversely and to recover damages for oil and gas removed therefrom. Any person, association of persons, corporation, or city not a party to such a suit and claiming the oil or gas in the land, or any part thereof, may intervene in such an action and have his rights adjudicated. The State hereby consents to be sued by any person, association of persons, corporation, or city for the purpose of quieting title to the right to oil or gas, or both, in any land, claimed by the State and by such person, association of persons, corporation, or city. Any other person, association of persons, corporation, or city not made a party to such an action but claiming any interest in the oil or gas may intervene in such suit. All such actions shall be brought and tried in the county where the land or some part thereof is situated. (Added by Stats. 1941, Ch. 548.)
  101. 6815.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may negotiate compensation agreements or oil and gas lease agreements for certain state-owned lands when listed drainage, suitability, ownership, or state-interest conditions are met.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6815. (a) Notwithstanding any other provision of law to the contrary, the commission may negotiate and enter into agreements for compensation for drainage or oil and gas leases on state-owned lands, other than those not available for lease pursuant to Section 6871.1 and that are described in Section 6871.2, if any of the following circumstances exist: (1) Wells drilled upon private or public lands, including state-owned lands, are draining or may drain oil or gas from state-owned lands, provided that where wells are drilled on state-owned lands and other state-owned lands are or may be subject to drainage, the development is allowed only by drilling from already developed state lands. (2) The lands are determined by the commission to be unsuitable for competitive bidding because of such factors as their small size or irregular configuration, or their inaccessibility from surface drill sites reasonably available or obtainable. (3) The state owns a fractional interest in the lands. (4) The lease or agreement is determined by the commission to be in the best interests of the state. (b) Whenever wells drilled upon private or public lands, including state-owned lands, are draining or may drain oil or gas from state-owned lands not available for lease pursuant to Section 6871.1 and that are described in Section 6871.2, the commission may negotiate and enter into agreements for compensation for drainage or oil and gas leases, provided that the development of those lands shall be allowed only by drilling from adjacent lands. (Repealed and added by Stats. 1983, Ch. 1171, Sec. 3.)
  102. 6815.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    When the commission takes oil, gas, or other hydrocarbons in kind under a lease, it must sell them through competitive bidding to the highest responsible bidder, using commission-adopted procedures. If no bids are received or all bids are rejected as insufficient, the commission may negotiate a sale instead.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6815.1. Whenever the commission exercises a right to take oil, gas, or other hydrocarbons in kind pursuant to any lease the commission shall make and enter into contracts or agreements for the disposition and sale of such oil, gas, or other hydrocarbons only with the highest responsible bidder upon competitive bidding, and in accordance with procedures set forth in rules and regulations adopted by the commission. All specifications and forms for the purpose of inviting bids in connection with such disposition and sale shall be adopted by the commission prior to publication of notice to bidders. Should no bids be received, or should the commission determine to reject any and all bids because of the insufficiency thereof, the commission may negotiate and enter into agreements for such disposition and sale under terms and conditions deemed by the commission to be in the best interests of the State. (Added by Stats. 1963, Ch. 1429.)
  103. 6815.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may exchange certain oil, gas, or other hydrocarbons for refined products, enter related contracts, and set charges and allocation rules for state and other public agencies.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6815.2. (a) Notwithstanding Section 6815.1, the commission may take any oil, gas, or other hydrocarbons taken in kind by it, pursuant to any lease or agreement, and exchange it, by competitive bidding, for refined products which shall be allocated to state agencies and to other public agencies, if the State Energy Resources Conservation and Development Commission, established pursuant to Division 15 (commencing with Section 25000), after a public hearing, finds, in its judgment, that such retention and allocation is necessary to alleviate fuel shortage conditions or will effect a substantial cost saving to the state. (b) The commission may make and enter into contracts or agreements for exchange of such oil, gas, and other hydrocarbons taken in kind for finished products required for use by state and other public agencies. Such contracts or agreements shall be entered into by competitive bids. The commission may reject all bids, if it determines that they are not in the public interest. (c) The commission shall charge the state or other public agencies allocated refined products the current market price of these products including all applicable taxes. This price shall not be less than the value of the oil, gas, or other hydrocarbons which would have been received by the state if not taken in kind. The revenue shall be subject to the terms and conditions enumerated in Section 6217. The taxes generated by these sales shall be distributed according to applicable provisions of the Revenue and Taxation Code. (d) The refined products obtained from such exchange contracts or agreements shall be allocated to state agencies and to other public agencies in accordance with the regulations which shall be adopted, after a public hearing, by the State Energy Resources Conservation and Development Commission. (e) Notwithstanding Section 6815.1, if the commission determines that it is in the best interests of the state, it may allow another state or public agency to take in kind oil, gas, or other hydrocarbons acquired by the commission. The commission shall charge the state or other public agencies allocated in kind oil, gas, or other hydrocarbons the current market price of these products, including all applicable taxes. This price shall not be less than the value of the oil, gas, or other hydrocarbons which would have been received by the state if not taken in kind. The commission may also charge for any transportation, treatment, or other costs associated with taking the in kind royalty. The revenue shall be subject to the terms and conditions enumerated in Section 6217. The taxes generated by these sales shall be distributed according to applicable provisions of the Revenue and Taxation Code. (Amended by Stats. 1983, Ch. 1171, Sec. 4.)
  104. 6817.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The Controller must annually apportion certain oil and gas revenues to qualifying cities and counties, and the commission must report the revenue amounts used for that apportionment.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6817. (a) The Controller shall annually as of June 30 apportion, for the fiscal year ending on that date, to each city or county having within its boundaries ungranted tide and submerged lands or other tide and submerged lands granted to it by the state, in which the state has reserved the rights to the mineral deposits contained therein, 1 percent of the revenues paid to the state under Article 4 (commencing with Section 6870) from those tide and submerged lands that are within the limits of the particular county or city, except that the total amount apportioned to each city or county in each year shall not exceed one hundred thousand dollars ($100,000) per mile, or fraction of a mile, of ocean frontage that is within, and owned or operated as a park by, that city or county and leased by the commission for the production of oil, gas, and other hydrocarbons, and which ocean frontage is available to the public free of charge for recreational purposes. However, that limitation on the amount that may be apportioned to each city or county in each year does not apply to revenues from leases within the limits of the particular county or city that exceed the revenues paid to the state during the 1983–84 fiscal year. Any city that is fronted, in whole or in part, by a state oil and gas lease shall be qualified to receive an apportionment under this section based on the formula contained in this section. For purposes of this section, tide and submerged lands within the limits of a city shall not be deemed to be within the boundaries of a county except in the case of a city and county. The commission shall, at the time of remitting revenues to the State Treasury received under Article 4 (commencing with Section 6870), report to the Controller the total amount of the revenue paid from the tide and submerged lands to the state, shown with respect to each city or county to which that amount is applicable. The apportionment for any given fiscal year shall be based upon the physical facts with respect to each city or county existing on June 30 of the next preceding fiscal year. The report of the commission and the apportionments of the Controller shall be final. (b) In addition to any amounts payable to a city or county pursuant to subdivision (a), 20 percent of revenues paid to the state under Article 4 (commencing with Section 6870) that are derived from the production of oil, gas, and other hydrocarbons from a state tideland lease, not to exceed a total amount of two hundred million dollars ($200,000,000), adjusted annually to reflect increases in the cost of living, as measured by the California Consumer Price Index, shall be paid to the city or county within whose boundaries the lease is located, for a period not to exceed 20 years from commencement of payment, if oil, gas, or other hydrocarbons are extracted under the lease under any of the following circumstances, except as provided in subdivision (c): (1) The lease was not under production at any time during 1994. (2) Although the lease was under production at some time during 1994, the lease is subject to a boundary adjustment pursuant to Section 6872.5. (3) Although the lease was under production in 1994, the lease has new production from a new drilling site constructed after January 1, 1996, including a new offshore platform, an existing offshore platform that has been substantially modified to achieve an increase in production, a subsea well completion, or an upland drilling site where the upland drilling site was constructed pursuant to a development plan approved by the commission after January 1, 1996. (4) The extraction is from a production zone not under production prior to January 1, 1996. (5) The extraction is from new wells drilled as a result of a development plan approved by the commission after January 1, 1996. (c) Subdivision (b) does not apply to any of the following: (1) Oil and gas development on tide and submerged lands that have been granted by the state to local government without a reservation of the minerals to the state. (2) The Long Beach Unit operations, notwithstanding the inclusion in those operations of the Alamitos Beach Park Lands as Tract No. 2. (3) Any upland location or tideflats. “Tideflats” are areas that are marshy, sandy, or muddy and nearly horizontal coastal flatlands that are alternatively covered and exposed as the tide rises and falls, or that are located within 100 feet inland of the mean high tide line of any beach or tideflat. (4) Any upland drilling site, unless the site requires the use of slant drilling technology to extract oil, gas, or other hydrocarbons. (5) Leases that do not have either a local or state development plan submitted for consideration on or before January 1, 2002. (d) (1) The amounts paid to cities and counties shall be deposited in a special tide and submerged lands fund established by the cities or counties, to be held in trust and to be expended only for the promotion and accommodation of commerce, navigation, and fisheries, for the protection of the lands within the boundaries of the cities and counties, for the promotion, accommodation, establishment, improvement, operation, and maintenance of public recreational beaches and coastline for the benefit of all the people of the state, and for the mitigation of any adverse environmental impact caused by exploration for hydrocarbons on state tide and submerged lands within city or county boundaries or caused by production or transportation of hydrocarbons produced on these tide and submerged lands. (2) The Legislature hereby finds and declares that the purposes specified in paragraph (1) constitute matters of statewide interest and that the expenditure of funds for those purposes will benefit all of the people of the state. (e) This section applies with respect to all revenues received in the State Treasury on and after October 1, 1963. (Amended by Stats. 1997, Ch. 17, Sec. 120. Effective January 1, 1998.)
  105. 6818.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must send certain applications about structures or materials on tidelands or submerged lands to the Director of Parks and Recreation and the Attorney General, and it must not grant an application that would unreasonably interfere with recreational use or shore protection unless it is modified to avoid that interference.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6818. All applications made to the commission pursuant to this chapter for erection of any permanent structure on tidelands or submerged lands or for depositing thereon or removal therefrom of any material shall be submitted by the commission to the Director of Parks and Recreation to make an examination and report concerning possible interference with the recreational use of lands littoral to the tidelands or submerged lands involved in such application. All such applications shall also be submitted by the commission to the Attorney General for approval as to compliance with the applicable provisions of law and of the rules and regulations of the commission. Should it be found by the commission that the action proposed in any such application would unreasonably interfere with the maintenance or use of the lands involved for recreational purposes or protection of shore properties, such application shall not be granted unless modified in a manner which may avoid such interference. (Amended by Stats. 1965, Ch. 1144.)
  106. 6819.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must make rules requiring extractors of oil, gas, or other minerals from commission lands to remove beach and underwater obstructions.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Provisions Relating to All State Lands [6801 - 6819] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6819. The commission shall promulgate rules and regulations to require any person extracting oil or gas or other minerals from lands under the jurisdiction of the commission to remove beach and underwater obstructions. (Added by Stats. 1973, Ch. 1053.)
  107. 6826.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may allow geological or geophysical surveys on state lands, but permits do not give a preferential right to an oil and gas lease. For certain permits, the commission must require sample-drilling permits and can require confidential submission of exploration data.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6826. (a) The commission may permit geological or geophysical surveys on state lands and may grant permits therefor, but the permit shall not give the permittee any preferential right to an oil and gas lease. The taking of cores and other samples may be conducted on and under state lands; provided, that the commission shall require that a permit first be obtained covering such types of drilling operations for the purpose of obtaining geological samples as the commission may determine by regulation, and upon such terms and conditions as the commission may specify by regulation, but the permit shall not give the permittee any preferential right to an oil and gas lease. (b) The commission shall require, as a condition to the issuance of any permit for the conduct of geological or geophysical surveys on tide and submerged lands under this section, that the permittee make available to the commission, upon request, all factual and physical exploration results, logs, and records resulting from the operations under the permit. Any factual or physical exploration results, logs, or records which the permittee is required to make available to the commission shall be for the confidential use of the commission and shall not be open to inspection by any person or agency. The commission may, however, make the exploration results, logs, and records available to those governmental agencies which need the information in order to evaluate or regulate those tide and submerged lands and adjacent lands; provided, however, that the commission shall enter into a contractual agreement with those governmental agencies specifying the purposes for which the exploration results, logs, and records may be used and requiring the exploration results, logs, and records to be maintained in confidence. The contractual agreements shall specify the person who will examine and be responsible for the confidentiality of the information. The information shall not be open to inspection by any other person or agency without the written consent of the permittee. (c) It is a misdemeanor for any member of the commission, any officer or employee of the commission, or any person performing any function or work assigned to him or her by the commission, or any governmental agency or employee utilizing data pursuant to an agreement of confidentiality provided for in subdivision (b), to disclose to any person who is not a member, officer, employee of the commission, or authorized person pursuant to subdivision (b), or to any person who is not performing any function or work assigned to him or her by the commission, any information obtained from the inspection of factual or physical exploration results, logs, or records, or to use the information for purposes other than those authorized by the commission or for the administration of the functions, responsibilities, and duties vested in the commission by law, except upon the written consent of the permittee making the information available to the commission. (Amended by Stats. 1982, Ch. 1463, Sec. 4.)
  108. 6826.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The State Lands Commission must not allow drilling operations to take cores or other samples on certain tide and submerged lands for oil and gas exploration or exploitation.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6826.1. The State Lands Commission shall not permit the taking of cores or other samples by means of drilling operations on or under the tide and submerged lands described in subdivision (c), (d), or (f) of Section 6871.2 or on tide or submerged lands of the state along the coast of the Pacific Ocean extending from the southerly boundary of the state to the northerly boundary of the City of Newport Beach in Orange County for the purpose of exploring for, or exploiting, oil and gas resources. (Amended by Stats. 1978, Ch. 747.)
  109. 6827.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section lets the commission lease oil and gas extraction rights, sets bidding and royalty rules, and allows certain lease extensions and exchange leases.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6827. Leases for the extraction and removal of oil and gas deposits may be made by the commission to the highest qualified bidder, or joint bidders, as provided in this chapter. Such a lease shall include all oil and gas deposits in the leased land and be for a term of 20 years and for so long thereafter as gas or oil is produced in paying quantities from the leased land, or lessee shall be diligently conducting production, drilling, deepening, repairing, redrilling or other necessary lease or well maintenance operations on the leased land. Any lease heretofore issued under this chapter for a term of 20 years, or any renewal or extension thereof, may at any time or times prior to its expiration be extended upon such terms and conditions and for such period of time as the commission deems for the best interests of the state or as the Legislature may provide; provided further, that upon the lessee’s timely application therefor the commission may issue a new lease in exchange for any lease issued for a term of 20 years, or any renewal or extension thereof; such new lease shall be issued at the same royalty and upon the same terms and conditions as the lease for which it is exchanged, unless the commission and the lessee shall otherwise agree, except that the term of such exchange lease shall be for a term of five years and for so long thereafter as oil or gas is produced in paying quantities or lessee shall be conducting production, drilling, deepening, repairing, redrilling or other necessary lease or well maintenance operations on the leased land. When state lands, including tide and submerged lands, are offered for lease by the commission, the commission shall specify a sliding scale royalty on oil commencing at not less than 162/3 percent up to a maximum percentage specified in the invitation to bid to be paid on the average production of oil per well per day under such lease, and a royalty of not less than 162/3 percent as specified in the invitation to bid on dry gas, natural gasoline, and other products extracted and saved from the gas produced under such lease, except gas used for lease use or reinjection into the leased lands. Such royalties shall be paid in kind or as a percentage of the current market price at the well of, and of any premium or bonus paid on, the production removed or sold from the leased land, subject to an annual rental payable in advance of not less than one dollar ($1) for each acre of land subject to the lease at the rental date. Unless the commission decides to reject all bids pursuant to Section 6836, the lease of the parcel or tract which is the subject of the bid shall be awarded to the qualified bidder who undertakes to pay the highest cash bonus in addition to satisfying all other provisions of the lease. As alternatives to the procedures set forth in the preceding paragraph, the commission, if it so provides in the invitation to bid, may: (1) specify a sliding scale royalty on oil commencing at 162/3 percent up to a maximum percentage specified in the invitation to bid, to be paid on the average production of oil per well per day under such lease, and a royalty of not less than 162/3 percent as specified in the invitation to bid on dry gas, natural gasoline, and other products extracted and saved from the gas produced under such lease, except gas used for lease use or reinjection into the leased lands, and award the lease of the parcel or tract which is the subject of the bid to the qualified bidder who bids the highest factor to be applied to the scale of oil royalties specified in the offer to bid, in addition to satisfying all other provisions of the lease, unless the commission decides to reject all bids pursuant to Section 6836; or (2) specify that bidding shall be on the basis of a flat rate of royalty and award the lease of the parcel or tract which is the subject of the bid to the qualified bidder who undertakes to pay the highest flat rate of royalty, but not less than 162/3 percent, on oil, to be paid on the production of oil under such lease, and a royalty of not less than 162/3 percent as specified in the invitation to bid on dry gas, natural gasoline, and other products extracted and saved from the gas produced under such lease, except gas used for lease use or reinjection into the leased lands, unless the commission decides to reject all bids pursuant to Section 6836; or (3) specify, with respect to a proposed lease for the extraction of gas, that bidding shall be on the basis of a flat rate or royalty, and award the lease of the parcel or tract which is the subject of the bid to the qualified bidder who undertakes to pay the highest flat rate of royalty, but not less than 162/3 percent, on dry gas, natural gasoline, and other products extracted and saved from the gas produced under such lease, except gas used for lease use or reinjection into the leased lands, unless the commission decides to reject all bids pursuant to Section 6836; or (4) as an additional alternative, the commission, if it so provides in the invitation to bid, may award the lease of the parcel or tract which is the subject of the bid to the qualified bidder who undertakes to pay the highest percentage of net profits derived from oil, dry gas, and other products extracted under the lease, in addition to satisfying all other provisions of the lease, unless the commission decides to reject all bids pursuant to Section 6836, and under such alternative, an annual rental of not less than one dollar ($1) for each acre of land subject to the lease shall be payable in advance on the rental date. Under alternatives (1), (2), and (3), the royalties shall be paid in kind or as a percentage of the current market price at the well of the production removed or sold from the leased lands, subject to an annual rental payable in advance of not less than one dollar ($1) for each acre of the land subject to the lease at the rental date. Except in the case of net profits leases under alternative (4), no allowance may be made for the cost of oil treatment, dehydration, or transportation of royalty oil on leases let subsequent to January 1, 1977. If, at any time or from time to time, before or after the expiration of the primary term of such lease, the leased lands cease to produce oil or gas, the lease shall; nevertheless, continue in full force and effect if within six months after the cessation of production, or such longer period of time as the commission may authorize, lessee shall commence and thereafter prosecute with reasonable diligence drilling, deepening, repairing, redrilling or other operations for the purpose of restoring production of oil or gas from the leased lands. (Amended by Stats. 1976, Ch. 834.)
  110. 6827.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    People who are individually eligible to hold a lease under this chapter may make a joint bid for lease(s) offered under it.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6827.1. Nothing contained in this chapter or any other law shall prevent or prohibit two or more persons who are individually eligible to hold a lease under this chapter from making a joint bid for any lease or leases offered under this chapter. (Added by Stats. 1955, Ch. 1724.)
  111. 6827.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may renegotiate a lease to lower the minimum royalty rate or substitute other consideration if, after a public hearing, it finds continued production is in the public interest and economically unfeasible under the lease terms.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6827.2. In order to prevent the premature abandonment of a lease, notwithstanding any other provision in this chapter, if, after the holding of a public hearing, the commission finds that continued production from a lease is in the best interests of the people of California and that such production is economically unfeasible under the terms set forth in the lease, the commission may renegotiate the lease to reduce the minimum royalty rate or to substitute such other consideration as would be in the best interests of the state. (Added by Stats. 1975, Ch. 476.)
  112. 6827.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Certain state and local public-land leasing authorities may not approve new leases or conveyances for oil-and-gas infrastructure that would support production on federally protected lands, but they may regulate implementation and existing valid leases are not impaired.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6827.5. (a) Notwithstanding Article 3 (commencing with Section 6851), Article 4 (commencing with Section 6870), or any other law, and to the extent not prohibited by federal law, any state agency, department, or commission, or any local trustee, with leasing authority over public lands within the state shall not enter into any new lease or other conveyance authorizing new construction of oil- and gas-related infrastructure upon public lands, including tidelands and submerged lands, to support production of oil and natural gas upon federal lands that are designated as, or were at any time designated as, federally protected lands. (b) Nothing in this section shall prohibit either of the following: (1) Any activity undertaken to repair, relocate, or maintain any pipeline or other infrastructure used to convey oil or natural gas or any other activity necessary to ensure the safe operation of infrastructure used in the exploration, development, or production of oil or natural gas. (2) Any activity undertaken to convey oil or natural gas produced from state lands or waters. (c) State agencies, departments, and commissions with leasing authority over public lands may establish regulations for the implementation of this section. (d) This section does not impair or affect, in any way, valid leases that are in effect as of January 1, 2020. (e) For purposes of this section, the following definitions apply: (1) “Federally protected land” means land designated as a national monument, park, wilderness area, wildlife refuge, or wilderness study area. (2) “Local trustee” means a local trustee of granted public trust lands that is a county, city, or district, including water, sanitary, regional park, port, or harbor districts, or any other local political or corporate subdivision that has been granted public trust lands through a legislative grant. (Added by Stats. 2019, Ch. 769, Sec. 1. (AB 342) Effective January 1, 2020.)
  113. 6828.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Oil-and-gas leaseholders must take reasonable precautions to prevent waste and water intrusion, and must comply with applicable U.S., California, city, and county laws and ordinances.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6828. All leases of lands containing oil or gas made or issued under this chapter shall be subject to the condition that the lessee will use all reasonable precautions to prevent waste of oil or gas developed in the land, or the entrance of water through wells drilled to the oil-bearing strata, to the destruction or injury of the oil deposits. All leases shall further provide that the lessee therein shall comply with all valid laws of the United States and of the State of California and with all valid ordinances of cities and counties applicable to the lessee’s operations, including, without limitation by reason of the specification thereof, the lessee’s compliance with Division 3 of this code. (Added by Stats. 1941, Ch. 548.)
  114. 6829.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Oil and gas leases under this chapter must include specified protections, operating standards, financial assurance, and other commission-approved terms.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6829. Every oil and gas lease executed under this chapter, and any oil and gas lease assigned, transferred, or sublet, pursuant to Section 6804, shall include all of the following: (a) Terms, conditions, and provisions that will protect the interests of the state with reference to securing the payment to the state of the proper amount or value of production. (b) Terms, conditions, and provisions that will protect the interests of the state with reference to the spacing of wells for the purpose of properly offsetting the drainage of oil and gas from state lands by wells drilled and operated on and within privately owned lands; diligence on the part of the lessee in drilling wells to the oil sands and requirements as to depth of those wells for the purpose of reaching the oil sands and producing oil and gas therefrom in commercial quantities. (c) Provisions specifying methods of operation and standard requirements for carrying on operations in a proper and professional manner, the prevention of waste, the protection of the safety and health of workers, and the liability of the lessee for personal injuries and property damage. (d) Security, or other financial assurance, for faithful performance by the lessee, including provisions for the forfeiture of the lease, as set forth in Section 6805, and the requirement that the lessee shall, at the time of execution of the lease, including any amendments thereof, furnish and thereafter maintain a good and sufficient bond in such sum as may be specified by the commission, in favor of the state, guaranteeing faithful performance by the lessee of the terms, covenants, and conditions of the lease and of the provisions of this chapter, including for the costs of plugging and abandoning wells and decommissioning all associated production facilities. (e) Other covenants, conditions, requirements, and reservations as may be deemed advisable by the commission in effecting the purpose of this chapter and not inconsistent with any of its provisions, provided that any provision of an oil and gas lease executed under this chapter that purports to deprive the state or a lessee of any right or benefit secured by law, or is otherwise inconsistent with the provisions of this chapter, shall be void and shall be deemed separable from and without effect upon the valid provisions of the lease. (Amended by Stats. 2018, Ch. 607, Sec. 4. (SB 1147) Effective January 1, 2019.)
  115. 6829.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Oil and gas leases under this chapter must set a drilling term of no more than three years, and the lease ends if the lessee does not start and diligently pursue drilling operations.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6829.1. Every oil and gas lease, including leases of tide and submerged lands, executed under this chapter, shall specify a period of not to exceed three (3) years, as specified by the commission in the invitation for bids, subject to extension by the commission as provided in this chapter, as the drilling term of the lease within which the lessee may commence operations for the drilling of a well for oil or gas, and, providing that, if lessee fails to commence such operations and to thereafter diligently prosecute them, the lease shall terminate. (Amended by Stats. 1957, Ch. 2166.)
  116. 6829.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may add lease terms that require a lessee to join a unit or cooperative agreement, and it may negotiate, execute, and manage such agreements for state-owned or state-reserved oil and gas lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6829.2. The commission, in the interest of increasing the ultimate recovery of oil or gas, the protection of oil or gas from unreasonable waste, the possible arresting or amelioration of land subsidence, or protecting adjacent landowners, may include in any oil and gas lease executed under this chapter a provision which may require the lessee to enter into any unit or cooperative agreement with respect to the leased lands when the commission gives notice of intention to lease those lands. For any of those purposes, the commission, on behalf of the state as lessor or prospective lessor, may negotiate and enter into unit or cooperative agreements with respect to lands owned by the state, or lands in which the oil and gas deposits are reserved to the state, for the purpose of bringing about the unitized or cooperative development and operation of all, or a part or parts, of the oil and gas field in which the lands are located. Subject to the provisions of this section and notwithstanding any competitive bidding requirements or restrictions on term contained in this code or any other statute, the commission may negotiate and execute all agreements necessary to effectuate, implement, or modify any such unit or cooperative agreement, including the power to bind and commit lands, including tide and submerged lands, or any interest in lands, to the cooperative or unit agreement for the full term thereof, irrespective of whether the term thereof is for a period extending over the life of the field or for any other indefinite period. The power of the commission to enter into unit or cooperative agreements includes the power to do other acts or things, and to incur on behalf of the state other commitments and obligations, that are customary in unit or cooperative agreements. The commission may designate a representative or representatives to attend unit meetings, vote, and otherwise represent and bind the interest of the state in accordance with the terms and conditions of any such unit or cooperative agreement. (Amended by Stats. 1982, Ch. 1463, Sec. 5.)
  117. 6829.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must seek additional infrastructure bonding or other financial assurance for offshore oil or gas leases when lease terms are negotiated or renegotiated, if feasible, and must coordinate with the State Oil and Gas Supervisor so the actions are not duplicative.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6829.3. (a) The commission shall seek additional infrastructure bonding or other financial assurance, as feasible, under its jurisdiction when a lease term is negotiated or renegotiated for an offshore oil or gas lease. (b) The commission shall coordinate with the State Oil and Gas Supervisor to ensure the actions taken pursuant to this section and Section 3205.6 are not duplicative. (Added by Stats. 2018, Ch. 607, Sec. 5. (SB 1147) Effective January 1, 2019.)
  118. 6829.4.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section defines decommissioning and operator, then requires certain lessees and operators to take responsibility for plugging wells and decommissioning facilities, file a notarized liability affidavit on time, and begin decommissioning within set deadlines.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6829.4. (a) For purposes of this section, the following terms have the following meanings: (1) “Decommission” means any activities up to and including the safe dismantling and removal of a production facility or related infrastructure and restoration of the site on which it was located as directed by the commission and in full compliance with state and local law. (2) “Operator” means a person who has the right to drill, operate, maintain, or control a well or production facility. (3) “Plugging and abandoning all wells and decommissioning all production facilities and related infrastructure” includes all of the following: (A) Staffing and maintenance of all wells and production facilities. (B) All refurbishments necessary to meet those obligations. (C) Any and all other actions necessary to meet those obligations. (4) “Plugging and abandonment” means the plugging and abandonment of a well in accordance with the specifications of the commission and the State Oil and Gas Supervisor and in full compliance with state and local law. (5) “Production facilities and related infrastructure” includes, but is not limited to, platforms, pipelines, and improvements under the jurisdiction of the commission. (6) “Well” means an oil or gas well. (b) (1) On and after January 1, 2020, from the date on which a lessee, an assignee, a transferee, or a sublessee of a lease, or an operator of leased lands under this chapter, engages in an activity that is specified in paragraph (2), the lessee, assignee, transferee, sublessee, or operator shall become responsible and liable, until each obligation under this subdivision is met, for plugging and abandoning all wells and decommissioning all production facilities and related infrastructure that have been or may be left on the leased lands by the lessee and any past, present, or future assignee, transferee, or sublessee of the lease or operator of the leased lands. (2) Obligations under paragraph (1) shall accrue when a lessee, assignee, transferee, sublessee, or operator does any of the following: (A) Acquires or is assigned, transferred, or sublet the lease, including a pipeline right-of-way lease, if the leased lands contain either of the following: (i) A well that is not permanently plugged. (ii) A production facility or related infrastructure. (B) Becomes the operator of either of the following: (i) A well that is not permanently plugged. (ii) A production facility or related infrastructure. (C) Drills, redrills, or deepens a well, or permanently alters the casing of a well, on the leased lands. (D) Installs a production facility or related infrastructure on the leased lands. (c) Persons subject to subdivision (b) shall be jointly and severally liable for all obligations under that subdivision. (d) (1) (A) The lessee, assignee, transferee, sublessee, or operator shall submit to the commission, in writing, a notarized affidavit of liability for the decommissioning of production facilities and related infrastructure under the jurisdiction of the commission within six months after the date on which a lease terminates or expires. The lessee, assignee, transferee, sublessee, or operator shall also covenant, in the notarized affidavit, to commence the process of decommissioning the production facilities and related infrastructure within one year after the date on which the lease terminates or expires. (B) The decommissioning of the production facilities and related infrastructure shall be completed without undue delay, unless the delay is caused by conditions beyond the control of the lessee, assignee, transferee, sublessee, or operator. (2) A lessee, assignee, transferee, sublessee, or operator that fails to comply with the deadlines specified in subparagraph (A) of paragraph (1) shall be guilty of a misdemeanor, punishable by a fine of up to ten thousand dollars ($10,000), by imprisonment in the county jail for up to one year, or by both that fine and imprisonment, for each offense. (e) If the commission or another state agency, due to failure of a lessee, assignee, transferee, sublessee, or operator to meet its obligations for the plugging and abandonment of a well or the decommissioning of a production facility or related infrastructure, conducts those activities to preserve public health or protect the environment, those activities shall be deemed an exercise of the police power of the state. (f) The commission may adopt rules and regulations as necessary to carry out the purposes of this section. (g) (1) This section does not supersede or limit plugging and abandonment or decommissioning obligations under any other law. (2) This section does not alter or limit the authority of the commission to approve the manner of decommissioning otherwise permitted by law. (Added by Stats. 2019, Ch. 123, Sec. 2. (AB 585) Effective January 1, 2020.)
  119. 6830.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Oil and gas leases issued by the commission must reserve to the commission the right to set well spacing, drilling rates, and production rates.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6830. All oil and gas leases issued by the commission for lands under its jurisdiction as set forth in Chapters 3 and 4 of Part 1 and in Chapter 3 of Part 2 of Division 6 of this code shall contain a reservation to the commission of the right to determine the spacing of wells and the rate of drilling and rate of production of such wells so as to prevent the waste of oil and gas and promote the maximum economic recovery of oil and gas from, and the conservation of reservoir energy in, each zone or separate underground source of supply of oil or gas covered in whole or in part by leases issued under this chapter. (Amended by Stats. 1957, Ch. 2166.)
  120. 6830.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The Legislature states findings about state-owned oil and gas lands and encourages secondary recovery operations to maximize recovery and reduce waste.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6830.1. It is hereby found and determined by the Legislature of the State of California as follows: (a) That the people of the State of California have a direct and primary interest in assuring the production of the optimum quantities of oil and gas from lands owned by the state, and that a minimum of oil and gas be left wasted and unrecovered in such lands. (b) That the state owns tide and submerged lands, which lands have been developed under oil and gas leases issued by the state to such extent that it is desirable that secondary operations be undertaken within such lands in an effort to obtain the maximum economic ultimate recovery of oil and gas from said lands; and that it is desirable that the carrying on of secondary recovery operations in such lands be encouraged, which operations the holders of such leases may otherwise not undertake because certain of the leases covering such lands provide for the payment of graduated royalties dependent upon daily per well rates of oil production (which, in the case of multiple completions, means the separately measured average daily production from each zone produced through a separate string of tubing or through casing which is not in communication with any other zone), which graduated royalties were established without contemplation of secondary recovery operations and the economics respecting such operations. The definition relating to multiple completions set forth herein shall apply to leases executed on or after the effective date of the amendments made to this section at the 1966 Second Extraordinary Session of the Legislature and may, with the approval of the commission, apply to oil produced from leased lands with respect to which the commission and the holder of the lease shall, on or after the effective date of such amendments, enter into an amendatory agreement pursuant to Section 6830.2. It is not the intention of the Legislature in enacting this paragraph to declare the law relating to the computation of daily per well rates of oil production from multiple completions before the effective date of such amendments or in the absence of such an amendatory agreement. (Amended by Stats. 1966, 2nd Ex. Sess., Ch. 7.)
  121. 6830.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If a leaseholder proposes secondary recovery operations on state-owned oil and gas lease land, the commission and leaseholder may agree to modify the lease, and the commission must calculate and compare royalty projections before any agreement is authorized.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6830.2. Whenever the holder of an oil and gas lease of state-owned lands proposes to engage in secondary recovery operations within such lease, the commission and the holder of the lease may mutually agree to modifications of the lease in furtherance of such proposal and with the object of obtaining the maximum economic ultimate recovery of oil and gas from the lands included within such lease, so far as such is reasonably practicable. Any such amendatory agreement shall contain provisions to assure, so far as reasonably practicable: (a) That the total royalty production to which the state shall thereafter be entitled shall be no less than the total royalty production to which the state would thereafter have been entitled if such lease had continued to be operated under primary recovery methods, absent any secondary recovery operations, and (b) that the royalty production accruing to the state from the additional oil produced, if any, as a result of the conduct of secondary recovery operations shall be calculated and determined in such manner as to be at least as great in proportion to such additional oil as the royalty production agreed upon in conformance with subdivision (a) of this section is in proportion to the total remaining primary production agreed upon in conformance with subdivision (a). As a basis for making a determination that it is in the best interests of the state that it enter into such an agreement, and before authorizing the execution thereof, and to determine the appropriate royalty rates on primary and on additional production, the commission shall, using all information available to it, make a calculated projection of the volume of primary royalty to which the state would be entitled under the existing royalty provisions of the lease for the zone or zones involved in the proposal, absent secondary recovery operations, and shall compare its determinations with those of the holder of the lease in an effort to arrive at a mutual agreement. (Amended by Stats. 1966, 2nd Ex. Sess., Ch. 7.)
  122. 6830.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may use available methods and data to work out lease amendment terms, including royalty rates, if the result is consistent with good engineering practice and acceptable to the lease holder.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6830.3. In satisfaction of the requirements of subdivisions (a) and (b) of Section 6830.2, the commission may consider, use, apply or adopt any means, methods, formulas or data available to it in order to arrive, in accordance with generally recognized good engineering practice, at any provisions to be included in any agreement amendatory to the lease, mutually acceptable to the holder of the lease, including the rate or rates of royalty to be applied, and otherwise in conformity with the provisions of this section and Section 6830.2. The royalty rate or rates to be applied during secondary recovery operations shall in no event be less than the minimum royalty provided by the lease prior to any amendment thereof entered into pursuant to this section and Section 6830.2, but nothing in this section and Section 6830.2 is intended to require that the holder of the lease shall account to the State for a guaranteed quantity of royalty production, but neither shall it prohibit the holder of the lease from guaranteeing to the State any given quantity of royalty production. Amendatory agreements entered into pursuant to and in conformity with this section and Section 6830.2 may be made in conjunction with agreements entered into for the purpose of effecting a co-operative or unit plan of development pursuant to the provisions of this code, including Section 6832 thereof. (Added by Stats. 1961, Ch. 979.)
  123. 6831.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may grant rights of way through all State lands to any lessee, subject to commission-prescribed rules.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6831. Rights of way through all State lands may be granted to any lessee by the commission under such regulations as to survey, location, application, and use as may be prescribed by the commission. (Added by Stats. 1941, Ch. 548.)
  124. 6832.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Lessees may join with others to operate under a cooperative or unit development plan for an oil or gas pool or field, and the commission may regulate lease requirements with consent.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6832. For the purpose of more properly conserving the natural resources of any oil or gas pool or field, or any part thereof, lessees hereunder and their representatives may unite with each other jointly or separately, or jointly or separately with others owning or operating lands not belonging to the State, including lands belonging to the United States, in collectively adopting and operating under a cooperative or unit plan of development or operation of the pool or field, or any part thereof, whenever it is determined by the commission to be necessary or advisable in the public interest. The commission may, with the consent of the holders of leases involved, establish, alter, change, and revoke any drilling and production requirements of such leases, permit apportionment of production and may make such regulations with reference to such leases, with like consent on the part of such lessees, in connection with the institution and operation of any such co-operative or unit plan, as the commission deems necessary or proper to secure the proper protection of the interests of the State. (Amended by Stats. 1955, Ch. 1724.)
  125. 6833.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may approve certain operating, drilling, or development contracts involving oil or gas lessees on State lands, if it sets conditions and finds the approval is justified by conservation, public convenience and necessity, or the State’s interests.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6833. The commission, upon such conditions as the commission shall prescribe, may approve operating, drilling or development contracts made by one or more lessees holding oil or gas leases on State lands with one or more persons, associations, or corporations, whenever in the discretion of the commission the conservation of natural products or the public convenience and necessity require it, or the interests of the State may be best subserved thereby. (Added by Stats. 1941, Ch. 548.)
  126. 6834.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must give notice before leasing oil and gas lands, and the notice must be published with specific timing and content requirements.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6834. Whenever the commission determines that lands shall be leased for oil and gas as provided in this chapter and when the form of lease therefor has been prepared by the commission, the commission shall give notice of intention to lease such lands. The notice shall be published in a newspaper of general circulation in the county in which the lands or the greater portion thereof are situated and shall state the time (which shall not be less than 14 days after the last date of publication of the notice) and place for receiving and opening bids, a description of the lands, either as a tract or by parcels, and that the form of lease for the purpose of bidding may be procured at the designated office of the commission. If the notice is published in a weekly newspaper, it must appear therein on at least two different days of publication and if in a newspaper published oftener, there must be at least five days from the first to the last day of publication, both days included. (Amended by Stats. 1957, Ch. 2166.)
  127. 6835.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Bids for oil and gas leases must include a bank check for an amount set by the commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6835. Each bid (which shall be in the form of a lease prepared in accordance with this chapter) for an oil and gas lease shall be accompanied by a certified or cashier’s check of a responsible bank in California payable to the State of California in an amount to be fixed by the commission, which sum shall be deposited as evidence of good faith and except in the case of the successful bidder shall be returned to the bidder. Upon the execution of the lease the amount shall be applied upon the annual rental for the first year and the balance, if any, shall be returned to the lessee. If the successful bidder fails or refuses to execute the lease within 15 days after the award thereof, the amount of the check shall be forfeited to the State. (Amended by Stats. 1941, Ch. 1241.)
  128. 6836.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must publicly open sealed bids at the noticed time and place and award each lease to the highest qualified bidder, unless it decides that doing so would not be in the State’s best interests.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally [6826 - 6836] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6836. At the time and place specified in the notice, the commission shall publicly open the sealed bids and shall award the lease for each parcel to the highest qualified bidder, unless in the opinion of the commission, the acceptance of the highest bid for any parcel or parcels is not for the best interests of the State, in which event the commission may reject all the bids for such parcel or parcels. Thereupon new bids may be called for and the parcel or parcels for which the bids were rejected may be leased as herein provided. (Amended by Stats. 1955, Ch. 1724.)
  129. 6851.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State-owned lands, or lands with oil and gas reserved to the State, may be leased for oil and gas production under this article and chapter where they do not conflict.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. ) ## 6851. Lands owned by the State, or lands in which the oil and gas deposits are reserved to the State, other than tide and submerged lands, may be leased for the production of oil and gas in accordance with the provisions of this article and of this chapter in so far as not in conflict with the provisions of this article. (Added by Stats. 1941, Ch. 548.)
  130. 6852.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may offer the lands for bidding when it thinks leasing them for oil or gas is in the State’s best interests, or when a qualified person makes a written request.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. ) ## 6852. Whenever it appears to the commission that it is for the best interests of the State to lease any such lands for the production of oil or gas therefrom, or whenever a person who possesses the qualifications provided in this chapter makes written request therefor, the commission may offer the same for bidding at such times and in such parcels as the commission shall determine to be in the best interests of the State. (Amended by Stats. 1963, Ch. 1945.)
  131. 6853.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may divide the proposed lease tract into parcels and must prepare a lease form for them.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. ) ## 6853. The commission may divide the lands within the tract proposed to be leased into parcels of convenient size and shape and shall prepare a form of lease therefor. (Added by Stats. 1941, Ch. 548.)
  132. 6854.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may lease certain state public-use lands for oil and gas, but it needs agency consent in some cases and must consult Parks and Recreation before approving a lease for the Tule Elk State Reserve.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. ) ## 6854. Lands, including the Tule Elk State Reserve located in Township 30 South, Range 24 East, MDB&M in Kern County, other than tide or submerged lands, belonging to the state and dedicated to a public use may be leased by the commission for the production of oil and gas in accordance with this article and this chapter insofar as not in conflict with this article. Where those lands have been acquired for the use of a specific state agency, consent of this agency shall be obtained by the commission for occupation by a state lessee of the surface of the lands for drilling locations or producing facilities. The commission may lease those lands, including the Tule Elk State Reserve in Kern County, for the production of oil and gas without the consent of the state agency if development under the lease is made by slant drilling from surface locations on lands not under the control of the state agency. However, the commission shall consult with the Department of Parks and Recreation prior to approving a lease for the production of oil and gas underlying the Tule Elk State Reserve to ensure that the purposes for which the parklands were acquired are not adversely affected. The commission may grant a subsurface oil and gas lease in accordance with subdivision (b) of Section 6815 covering all or any portion of the Tule Elk State Reserve in Kern County for the production of oil and gas underlying the reserve by means of slant or directional drilling from surface locations outside of the reserve. (Amended by Stats. 1983, Ch. 1218, Sec. 2.)
  133. 6855.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Lease proceeds from certain state-owned oil and gas lands must be paid into the General Fund in the State Treasury.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands [6851 - 6855] ( Article 3 added by Stats. 1941, Ch. 548. ) ## 6855. The proceeds of any lease for the extraction of any oil and gas from lands owned by the State, other than public lands or tide or submerged lands under the jurisdiction of the commission, property escheated to the State or held in trust, lands held by the State as tax-deeded property and lands acquired for state highway purposes, shall be paid into the General Fund in the State Treasury, regardless of whether such lease is executed pursuant to this chapter or any other provision of law. (Added by Stats. 1951, Ch. 164.)
  134. 6870.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Leases for oil and gas extraction in the Santa Barbara Channel area may not be let unless the commission determines the lease will not cause oil seepage or spillage or destroy scenic or aesthetic values.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6870. (a) Notwithstanding any other provision of law to the contrary, no leases shall be let for the extraction of oil and gas from coastal tidelands or submerged lands in state waters within the Santa Barbara Channel unless the commission determines that such a lease will not result in the seepage or spillage of oil (either by finding that the safety and containment devices to be used are sufficient to prevent such seepage or spillage or that no seepage or spillage would result in any event) or in the destruction of scenic or aesthetic values. (b) As used in this section, the Santa Barbara Channel is the area described as follows: Beginning at the point of intersection of the ordinary high-water mark of the Pacific Ocean with the westerly point of Point Conception; thence in a generally easterly and southeasterly direction along said ordinary high-water mark to the westerly point of Point Mugu; thence in a generally southwesterly direction to the southwest tip of Anacapa Island; thence along the inland sides of Anacapa, Santa Cruz, Santa Rosa and San Miguel Islands to the most westerly part of San Miguel Island; thence in a northerly direction to the point of beginning; excluding the area described in subdivision (b) of Section 6871.2. (Added by Stats. 1970, Ch. 1530.)
  135. 6871.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may lease tide and submerged lands, and beds of navigable rivers and lakes, for oil and gas extraction. Local governments and their officials may not grant or issue leases, licenses, easements, privileges, or permits giving anyone authority to extract oil or gas from those state-controlled lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6871. Tide and submerged lands and beds of navigable rivers and lakes may be leased by the commission for the extraction of oil and gas in accordance with the provisions of this article and of this chapter insofar as not in conflict with the provisions of this article. No political subdivision of the State or any city or county or any official of either or any of them shall grant or issue any lease, license, easement, privilege, or permit vesting authority in any person to take or extract oil or gas from tide or submerged lands whether filled or unfilled of which the State is the owner or from which the State has the right to extract oil or gas, or both. (Amended by Stats. 1955, Ch. 1724.)
  136. 6871.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may offer certain oil or gas lease lands for bidding if that is in the State’s best interests, or if a qualified person makes a written request.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6871.3. Whenever it appears to the commission that it is for the best interests of the State to lease lands subject to the provisions of Section 6871.1 or 6877 of this code for the production of oil or gas therefrom, or whenever a person who possesses the qualifications provided in this chapter makes written request therefor, the commission may, subject to the provisions of Section 6871.4, offer the same for bidding at such times and in such parcels as the commission shall determine to be in the best interests of the State. (Amended by Stats. 1963, Ch. 1945.)
  137. 6871.4.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may divide proposed lease lands into convenient parcels and must prepare a lease form or forms, with no single lease exceeding 5,760 acres.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6871.4. The commission may divide the lands within the area proposed to be leased into parcels of convenient size and shape and shall prepare a form of lease or leases therefor embracing not to exceed 5,760 acres in any one lease. (Amended by Stats. 1957, Ch. 2166.)
  138. 6872.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    An incomplete oil and gas development application in state waters is treated as withdrawn if it stays incomplete for one year after the first incomplete notice from the commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6872. (a) If an application for oil and gas development in state waters that is determined to be incomplete by the commission continues to remain incomplete one year after the date of the first incomplete notice sent to the applicant by the commission, the application shall be considered withdrawn. (b) If an application has been withdrawn pursuant to subdivision (a), the applicant may submit a new application. (Added by Stats. 2006, Ch. 298, Sec. 1. Effective January 1, 2007.)
  139. 6872.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If the commission finds certain oil and gas deposits are being drained by wells on nearby private land, it may lease adjacent state-owned tide and submerged lands to produce oil and gas and offset that drainage.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6872.1. Whenever it appears to the commission that oil and gas deposits are known or believed to be contained in any such lands as are described in Section 6871.2, subdivision (b), of this code or in tide and submerged lands along the coast of the Pacific Ocean south of the northerly city limits of the City of Newport Beach in Orange County to the southerly boundary of the state, and are being drained by means of wells upon adjacent lands owned by others than the state, the commission shall thereupon be authorized and empowered to lease state-owned tide and submerged lands adjacent to any such wells for the production of oil and gas therefrom, either as a tract or in parcels of such size and shape as the commission shall determine but only within an area and to an extent necessary to offset such drainage of state-owned tide and submerged lands by any such wells upon adjacent lands owned by others. (Amended by Stats. 1969, Ch. 1238.)
  140. 6872.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If the commission decides the area should be drilled, it must require wells to be slant-drilled from an upland or littoral site into the subsurface of the leased tide or submerged lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6872.2. If the commission determines that any tide and submerged lands belonging to the state in the area hereinafter referred to should be drilled pursuant to the terms of Section 6872.1 of this code, then, notwithstanding the provisions of Section 6874 of this code, in order to preserve and protect the highly developed recreational and residential area now referred to, the commission shall require that any well or wells drilled pursuant to the terms of any lease issued with respect to any part of the hereinafter described area be slant-drilled from an upland or littoral site to and into the subsurface of the tide or submerged lands covered by the lease. The area to which this section is applicable is the tide and submerged lands along the coast of the Pacific Ocean south of the northerly city limits of the City of Newport Beach in Orange County to the southerly boundary of the state. (Amended by Stats. 1969, Ch. 1238.)
  141. 6872.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may adjust existing lease boundaries to include a field partly inside the lease if it makes the required findings.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6872.5. The commission may adjust the boundaries of existing leases to encompass all of a field partially contained within the existing lease subject to both of the following conditions: (a) The commission makes all of the following findings: (1) The adjustment will permit more efficient utilization of state resources. (2) The number and size of existing offshore platforms will not be increased, except that modifications to a platform within the existing boundaries of a lease shall be permitted where the modifications are reasonably necessary for development of all of the resources within the reconfigured lease. (3) The boundary adjustment will not require the construction or major modification of a refinery in this state to permit development of any increased production resulting from the boundary adjustment, unless that construction or major modification is to a field production facility servicing the lease. (4) The boundary adjustment represents the environmentally least damaging feasible alternative for the extraction and production of affected resources. (b) Those parts of the field within areas added to the existing lease may not be developed except from upland sites or from existing offshore facilities within the original lease boundaries. (Amended by Stats. 1994, Ch. 970, Sec. 7. Effective January 1, 1995.)
  142. 6873.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must prepare a lease form for tide or submerged lands, and leases must prohibit pollution, contamination, and interference with listed water uses and shoreline areas.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6873. When leasing tide or submerged lands or beds of navigable rivers or lakes, the commission shall prepare a form of lease which shall contain, in addition to other provisions deemed desirable and necessary by the commission, appropriate provisions contained in this chapter and the following: (a) Each well drilled pursuant to the terms of the lease may be drilled or slant-drilled to and into the subsurface of the tide or submerged lands or beds of navigable rivers or lakes, covered by the lease from upland, riparian or littoral drill sites owned or controlled by the state or owned by or available, at any time, to the lessee, or from drill sites located upon any filled lands heretofore or hereafter filled, whether contiguous or noncontiguous to the riparian or littoral lands or uplands, or from any pier heretofore or hereafter constructed owned by or available to the lessee and available for such purpose, or from platforms or other fixed or floating structure in, on or over the tide or submerged lands or beds of navigable rivers or lakes, covered by the lease or otherwise available to the lessee. (b) Such lease shall prohibit the pollution or contamination of the ocean, tidelands, or navigable rivers or lakes, and shall prohibit the impairment of and interference with bathing, fishing, or navigation in the waters of the ocean, any bay or inlet thereof, or any navigable river or lake, and shall prohibit the impairment of and interference with developed shoreline recreational or residential areas. In addition, no oil, tar, residuary product of oil, or any refuse of any kind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean, any bay or inlet thereof, or any navigable river or lake. This subdivision does not apply to the deposit on or passage into such waters of water not containing any hydrocarbons or vegetable or animal matter. This subdivision does not prohibit the deposit on or passage into the waters of the ocean or any bay or inlet thereof of drill cuttings or drilling mud which are free of oil and materials that are deleterious to marine life if such activities are under authorization of a regional water quality control board. (c) If the lessee, as disclosed by information submitted with his bid, proposes to drill one or more wells from filled lands, whether contiguous or noncontiguous to the riparian or littoral lands or uplands, or from any pier or from platforms or other fixed or floating structures to be constructed for such purpose, and if permission from any federal or state agency is legally required in order to construct any such filled land or structures, the lessee shall be allowed a reasonable time following the execution of the lease within which to secure the necessary permission from such federal and state agencies as shall be legally required, and, upon the securing of such permission, a further reasonable time, determined with regard to the nature of the filled lands or structure or structures to be constructed, within which to commence operations for the drilling of such well or wells. The drilling term of the lease shall be extended by the commission by a period equal to such reasonable time to secure such permission, and, if necessary, to the date to which the time to commence operations for the drilling of such well or wells has been extended. (d) Any offshore filled lands or structure or structures constructed for the purpose of drilling pursuant to this section shall conform to the rules and regulations of the commission in effect at the time of invitation for bids in pursuance of which the lease is awarded. Drilling, whether from upland, riparian, littoral or offshore locations, shall be conducted in conformance with such rules and regulations in effect at the time of invitation for bids in pursuance of which the lease is awarded. In the case of any existing lease of tide or submerged lands, the commission may, with the consent of the other party thereto, amend the same so as to contain or conform with subdivisions (a), (b), (c) and (d) hereof, or any of them, except that the provisions of said subdivision (d) when incorporated into such a lease by such an amendment shall refer to the rules and regulations in effect at the time such amendment is made rather than to those in effect at the time of invitation for bids in pursuance of which the lease is awarded and said subdivision (a) may not be incorporated into such a lease without also incorporating said subdivision (d) therein. (Amended by Stats. 1979, Ch. 197.)
  143. 6873.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section defines “filled lands” to include certain reclaimed tide or submerged lands and beds of navigable rivers or lakes.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6873.1. Filled lands shall include, but not be limited to, tide or submerged lands or beds of navigable rivers or lakes, reclaimed artificially through raising such lands above the highest probable elevation of the tides, or high water line on the river banks or shore, to form dry land, by placement of a fill or deposit of earth, rock, sand or other solid imperishable material. Such fill may be retained in place or protected by bulkheads, seawalls, revetments or similar enclosures and may be placed at any location approved by the commission under a lease heretofore or hereafter issued pursuant to this article. (Amended by Stats. 1963, Ch. 1945.)
  144. 6873.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Before leasing certain tide, submerged, river, or lake lands for oil and gas, the commission must hold at least one public hearing on the draft environmental impact report and give at least 30 days’ written notice to nearby or adjacent cities and counties.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6873.2. In carrying out the requirements of subdivision (b) of Section 6873 and the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the commission shall, prior to leasing tide and submerged lands or the beds of navigable rivers or lakes for oil and gas, hold at least one hearing on any draft environmental impact report prepared for the proposed lease. The hearing shall be held within a city or county near the area being considered for leasing. The commission shall give at least 30 days’ written notice regarding the public hearing to each city or county within or adjacent to the proposed lease area and shall publish the notice in the manner prescribed in Section 6834. The authority to hold hearings provided in this section may be delegated by the commission to its officers or employees. (Repealed and added by Stats. 1985, Ch. 384, Sec. 2.)
  145. 6873.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must consult specified stakeholders, hold at least one hearing, and give at least 30 days’ written notice before adopting a lease form for certain offshore tide and submerged lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6873.5. (a) In carrying out the requirements of subdivision (b) of Section 6873 and the California Environmental Quality Act, the commission shall, prior to the adoption of a form of lease for leasing offshore tide and submerged lands between the mean high tide line and the three-mile jurisdictional limit, consult with the Department of Fish and Game, the National Marine Fisheries Service, and representatives of the oil industry, representatives of fishermen operating within the area being considered for leasing. The commission shall hold at least one hearing on the draft environmental document prepared for the proposed lease in a jurisdiction of a local government within the coastal zone, as defined by Section 30103, near the area being considered for leasing. The commission shall give at least 30 days’ written notice regarding the public hearing to each city or county within or adjacent to the proposed lease area and shall publish the notice in the manner prescribed in Section 6834. The authority to hold hearings provided in this section may be delegated by the commission to its officers or employees. (b) The commission shall consider the potential impacts of the proposed lease on the fisheries and marine habitat within the area being considered for leasing. The commission shall include in its consideration: (1) The environmental document prepared for the proposed lease. (2) Recommendations of the Department of Fish and Game, the National Marine Fisheries Service, the oil industry, and fishermen. (3) The cooperative efforts of the oil industry and fishermen to develop plans to mitigate potential impacts. (c) Fishery areas that should be considered for protection include established fishing grounds or critical spawning or nursery grounds as indicated by records of the Department of Fish and Game. (d) The commission may impose terms, conditions, or operational requirements it deems necessary to protect fisheries, including, but not limited to, the exclusion of specified areas from development activities. (e) This section shall not be construed as a limitation on slant or directional drilling under the excluded area from any location outside an excluded fishery area. (Amended by Stats. 1985, Ch. 384, Sec. 3.)
  146. 6874.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Bidders must include drilling-location information with each bid. The commission generally may not discriminate against bidders by banning drilling from listed sites, but it may issue a lease with a drilling-method prohibition in the stated special case.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6874. Each bid shall be accompanied by information giving a description of the location or locations, structure or structures, from which the bidder proposes to drill. In awarding a lease, the commission shall not discriminate between bidders by prohibiting drilling from upland, littoral or riparian drill sites, or drilling from sites upon filled lands, whether contiguous or noncontiguous to the riparian or littoral lands or uplands, or upon any pier or platform or other fixed or floating structure in, on or over tide and submerged lands or beds of navigable rivers or lakes, with respect to which the State or other owner thereof has consented, or may thereafter consent, to such use provided, however, that in the event state-owned tide or submerged lands or beds of navigable rivers or lakes are determined by the commission to contain oil or gas deposits which are being drained by wells owned by others upon adjacent lands, and such state-owned tide and submerged lands or beds of navigable rivers or lakes cannot be developed by a particular method of exploration, development or operation without interfering with or impairing developed riverbank or shoreline, recreational or residential areas, then the commission may offer and award an oil and gas lease on such lands with a prohibition against said particular method of exploration, development or operation. (Amended by Stats. 1963, Ch. 1945.)
  147. 6875.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may make agreements for the State to compensate a city or county for surface drilling and operating sites on the specified lands, and any money paid under the section must be used only for the transferred trust and stated purposes.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6875. If the Legislature has transferred to any city or county the administration of the trust, whether or not limited, under which tide or submerged lands or beds of navigable rivers and lakes are held by the State, the commission, pursuant to this chapter, may enter into agreements upon behalf of the State to compensate any such city or county for the use of surface drilling and operating sites upon such lands from the royalty or revenue to be derived by the State from oil and gas taken from such lands by lessees of the State. Any such compensation shall include an amount sufficient reasonably to compensate any such city or county for any damage to or interference with the use or uses to which the surface of such lands are being or may be utilized by or upon behalf of such city or county. The consideration to the State in any such agreement shall include the right to a lessee of the State to carry on all operations on any such tidelands or beds of navigable rivers and lakes necessary to accomplish the purposes of this chapter and such terms and conditions as shall be determined by the commission to be in the interests of the State. The consideration to the State in any such agreement shall also include a compromise, settlement and release of any and all claims and rights which such city or county has or may have against the State arising out of or in connection with the extraction and removal of oil and gas from such lands. All money paid to any city or county under this section shall be used by it solely in furtherance of the trust under which the administration of tide and submerged lands and beds of navigable rivers and lakes has been transferred to such city or county and for the purposes expressed in the act so transferring administration of such lands. (Amended by Stats. 1963, Ch. 1945.)
  148. 6876.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If unauthorized drilling or preparation to drill is found on specified State tide or submerged lands, the commission must sue to stop it and seek damages; in a limited filled-lands case, the commission may instead grant a lease.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6876. Should it appear to the commission that any person, association of persons, or corporation, has drilled, or is making preparation to drill, wells upon or into tide or submerged lands of which the State is the owner, or from which the State has the right to extract oil or gas or both, for the extraction of oil or gas therefrom, other than pursuant to authority granted in accordance with this chapter, whether or not such person, association of persons, or corporation may be acting under purported authority, the commission shall cause an action to be instituted in the name of and upon behalf of the State in a court of appropriate jurisdiction, to enjoin the occupancy and operations upon or in such lands and to demand compensation for injury and damage, if any, to such lands; except that, should the drilling operations be conducted upon or in lands which have been filled and if such operations have been commenced prior to March 24, 1938, the commission, if it appears to be in the interests of the State, may, upon behalf of the State, issue a lease to any such person, association of persons, or corporation in accordance with the provisions of this chapter insofar as applicable, and upon a royalty basis, retrospective and prospective, which appears reasonable and just in the circumstances to the lessee and the State. (Amended by Stats. 1955, Ch. 1724.)
  149. 6877.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Beds of navigable rivers and lakes belonging to the State may be leased for oil and gas production under Section 6871.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6877. All the beds of navigable rivers and lakes belonging to the State may be leased pursuant to Section 6871.3 of this code for the production of oil and gas, subject to the same limitations and conditions imposed by this article, and in accordance with the provisions of this chapter insofar as not in conflict with this article. (Amended by Stats. 1963, Ch. 1945.)
  150. 6878.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Cities, counties, and other political subdivisions generally may not enter certain oil, gas, or hydrocarbon extraction leases or agreements for granted tide or submerged lands until required State Lands Commission findings are made.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6878. Nothing in this chapter limits the effect of any grant of tide or submerged lands made prior to June 11, 1938, to any city, county or other political subdivision, nor in any manner to prejudice whatever claim the state, on the one hand, or such city, county or political subdivision, on the other, may have in or to the right to extract or authorize the extraction of oil or gas or other minerals underlying such lands. Notwithstanding any provision to the contrary herein, no city, county or political subdivision to which the state has granted tide or submerged lands without reserving minerals shall enter into any lease or agreement for the extraction of oil, gas or other hydrocarbons from such tide and submerged lands within any area described in subdivisions (a) though (e), inclusive, of Section 6871.2 of this code, or from tide and submerged lands along the coast of the Pacific Ocean south of the northerly city limits of the City of Newport Beach in Orange County to the southerly boundary of the state until the State Lands Commission has made findings in accordance with the provisions of Section 6872 of this code regarding any lands within any area described in subdivisions (a), (c), (d) and (e) of Section 6871.2 of this code, or has made findings in accordance with the provisions of Section 6872.1 of this code regarding any lands within the area described in subdivision (b) of Section 6871.2 of this code, or has made findings in accordance with the provisions of Section 6872 of this code regarding any tide or submerged lands along the coast of the Pacific Ocean south of the northerly city limits of the City of Newport Beach in Orange County to the southerly boundary of the state. Provided further that any lease or agreement for the extraction of oil and gas or other hydrocarbons from such granted tide or submerged lands authorized to be entered into by a county, city or political subdivision after necessary findings are made by the State Lands Commission as heretofore provided shall be in accordance with the provisions of Section 6872.1 of this code in respect to any lands within the area described in subdivision (b) of Section 6871.2 of this code, and shall be in accordance with the provisions of Section 6872.2 of this code in respect to any tide or submerged lands along the coast of the Pacific Ocean south of the northerly city limits of the City of Newport Beach in Orange County to the southerly boundary of the state. (Amended by Stats. 1965, Ch. 1793.)
  151. 6879.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Certain local grantees may make oil and gas development agreements for tide and submerged lands, but the agreements must protect the public trust and be submitted to the State Lands Commission for approval.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6879. Whenever tide and submerged lands of the State have been granted to a city, county or city and county by a grant which does not reserve to the State the right to produce oil and gas therefrom, and such grantee shall determine that it is in the interest of increasing the ultimate recovery of oil or gas from such lands, or of the protection of oil or gas in said lands from unreasonable waste, or that the subsidence or sinking of such lands and abutting lands may possibly be arrested or ameliorated thereby, such grantee may enter into agreements for the purpose of bringing about the cooperative development and operation of all or a part or parts of the oil and gas field in which such lands are located, or for the purpose of bringing about the development or operation of all or a part or parts of such field as a unit, or for the purpose of fixing the time, location, and manner of drilling and operating of wells for the production of oil or gas, or providing for the return or injection of gas, water or other substances into the subsurface of the earth for the purpose of storage or the repressuring of such oil or gas field. Each such agreement shall provide that any impairment of the public trust for commerce, navigation or fisheries to which said granted lands are subject is prohibited, and shall be submitted to the State Lands Commission for approval. If the State Lands Commission shall find that said agreement so provides and that the entering into and the performance of such agreement is in the public interest, then the State Lands Commission may approve such agreement on behalf of the State. The Legislature hereby finds and declares that the entering into and the performance of any such agreement which has been approved by the State Lands Commission will not impair the public trust for commerce, navigation and fisheries to which said granted lands are subject, and that any acts or things done pursuant to the terms thereof or resulting therefrom are consistent with and not in violation of the terms or conditions of any such grant or of any trust, restrictions and conditions appertaining thereto. No such agreement so approved by the State Lands Commission shall effect or result in, or be so construed as to effect or result in a revocation of or change in any trust pertaining to said lands, or in any grant, conveyance, alienation or transfer of said lands, or any part thereof, to any other individual, firm, or corporation, even though such agreement provides for the pooling of oil, gas or other hydrocarbon substances produced from said lands with oil, gas or other hydrocarbon substances produced from other lands, or results in the migration of any oil, gas or other hydrocarbon substances between said lands and other lands. Any trusts, restrictions or conditions pertaining to any production from said granted lands included in any such agreement, or to any proceeds from such production, shall apply only to that part of the production or that part of the proceeds therefrom which is allocated to such city, county or city and county on account of said lands under any such agreement, and shall not apply to any other production or the proceeds therefrom, whether or not the same may have been produced from said lands or other lands. If approved by the State Lands Commission, any such agreement shall bind the State, and shall bind any of the following who execute the same: (a) Such city, county or city and county; and (b) Any operator of such tide and submerged lands under contract with such city, county or city and county, and such operators’ successors and assigns; and (c) Any other party, and the successors and assigns of such other party. Any such agreement shall be enforceable in an action for specific performance against the parties bound thereby. No agreement executed pursuant to this section shall affect or determine the boundaries of the tide and submerged lands granted, in trust, to the City of Long Beach by Chapter 676, Statutes of 1911, Chapter 102, Statutes of 1925, Chapter 158, Statutes of 1955, as modified by Chapter 915, Statutes of 1951 and Chapter 29, Statutes of 1956, First Extraordinary Session. (Added by Stats. 1957, Ch. 1151.)
  152. 6880.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must prepare and publish a cost study about the fiscal impact of voluntarily giving up certain offshore oil and gas lease interests, hold a public hearing, and send status updates and the final study to the Governor and Legislature.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes [6870 - 6880] ( Article 4 added by Stats. 1941, Ch. 548. ) ## 6880. (a) Contingent upon an appropriation of funds by the Legislature for this purpose, the commission shall develop, on or before December 31, 2024, a cost study that evaluates the fiscal impact of a voluntary relinquishment of any lease interests in actively producing state offshore oil and gas leases in state waters. (b) The cost study shall consider at least all of the following factors: (1) Expected duration of oil production at the time of leasing. (2) State revenues received to date. (3) Expected remaining life of the reservoir based on proven reserves. (4) Reasonably anticipated unrealized lessee revenues and profits. (5) Reasonably anticipated unrealized state revenues. (6) Lessees’ decommissioning and restoration costs. (c) (1) On or before December 31, 2023, the commission shall hold at least one public hearing at a properly noticed public commission meeting to discuss the cost study described in this section. (2) After the hearing described in paragraph (1), on or before December 31, 2023, the commission shall provide a status update on the cost study to the Governor and the Legislature. The status update shall include, but not be limited to, all of the following: (A) A proposed outline of the cost study elements. (B) Identified data gaps. (C) Preliminary analysis, conclusions, and recommendations. (D) Any public comments received by the commission. (d) (1) On or before December 31, 2024, the commission shall submit the cost study prepared pursuant to this section, including recommendations to advance the end of offshore oil and gas development consistent with the legislative findings and declarations of Section 1 of Assembly Bill 2257 of the 2021–22 Regular Session, to the Governor and the Legislature. (2) The commission shall make the cost study available on its internet website. (e) (1) The cost study submitted to the Legislature pursuant to paragraph (1) of subdivision (d) and the status update submitted to the Legislature pursuant to paragraph (2) of subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. (2) (A) Pursuant to Section 10231.5 of the Government Code, the requirement to submit a report imposed pursuant to paragraph (1) of subdivision (d) shall become inoperative on December 31, 2028. (B) Pursuant to Section 10231.5 of the Government Code, the requirement to submit a report imposed pursuant to paragraph (2) of subdivision (c) shall become inoperative on December 31, 2027. (Added by Stats. 2022, Ch. 692, Sec. 2. (AB 2257) Effective January 1, 2023.)
  153. 6890.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may issue certain mineral permits and leases, but not if they would harm wetlands or riparian habitat, and it cannot issue permits for certain protected lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6890. (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. (d) The commission shall not issue a permit or lease under this section for any land under the jurisdiction of the Department of Parks and Recreation, for any refuge or other protected area, as described in Division 7 (commencing with Section 10500) of the Fish and Game Code, or for any ecological reserve, as described in Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code. (e) Notwithstanding Section 6217, as of June 30 of each year, a sum equal to 50 percent of the revenue received by the state for the fiscal year ending on June 30 pursuant to permits and leases for the development of minerals, other than oil, gas, or other hydrocarbon substances and geothermal resources, on lands that have been dedicated to a public use and are administered by a state agency other than the commission shall be available for appropriation by the Legislature for the support of, and apportionment and transfer by the Controller to, that state agency. (f) If the state agency receives a majority of its funding from a special fund established for the general support of the agency, the revenue made available by subdivision (e) shall be deposited in that fund and shall be available, when appropriated, for the general purposes of the agency. (g) Any person issued a permit or lease under subdivision (a) shall comply with all existing federal, state, and local government laws. (h) The commission may grant nonexclusive geological or geophysical exploration permits for minerals, pursuant to this section, upon those terms and conditions as the commission may prescribe. A permit granted under this subdivision shall not give the permittee any preferential treatment. (Amended by Stats. 2023, Ch. 120, Sec. 1. (AB 706) Effective January 1, 2024.)
  154. 6890.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may agree to give a state agency extra land or in-kind payments when it issues mineral permits or leases for certain minerals on land owned by another state agency.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6890.5. Notwithstanding any other law, when lands, other than tide and submerged lands, are owned by another state agency, the commission, when issuing permits and leases for the exploration, extraction, and removal of minerals, other than oil and gas or other hydrocarbon substances and geothermal resources, may agree that the state agency owning the land will receive additional lands or in-kind payments, the value of which shall be deducted from the money royalty, including land rental payments, or a percentage of the net profits from mineral extraction. (Added by Stats. 1989, Ch. 770, Sec. 2.)
  155. 6891.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may issue prospecting permits for non-known mineral lands to qualified applicants, but not for lands already classified as commercially valuable mineral deposits.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6891. The commission may issue a prospecting permit, under such rules and regulations as it may prescribe, for lands which are not known mineral lands, to any qualified applicant, upon the payment to the commission of a reasonable charge, as determined by the commission, of not less than one dollar ($1) per acre for each acre in area embraced within the boundaries of the lands described in the permit. No permit shall be issued for any lands which have been classified by the commission prior to the application as containing commercially valuable mineral deposits. Upon receipt of an application for a permit, the commission shall determine whether the lands described therein are known mineral lands. If the commission determines that the lands are known mineral lands, it shall thereupon so classify them and shall reject the application for a prospecting permit. Subject to such terms and conditions as the commission may determine to be in the best interest of the state, a prospecting permit shall give to the permittee the exclusive right for a period not exceeding two years to prospect for minerals other than oil and gas or other hydrocarbon substances upon lands wherein the mineral deposits belong to the state. The commission may, in its discretion, extend the term of any permit for a period not exceeding one year, but the term of any permit, including extensions, shall be limited to a total of three years. (Amended by Stats. 1988, Ch. 649, Sec. 1.)
  156. 6895.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If valuable minerals are found within a permit area, the permittee gets priority for a mining lease for 365 days, unless a complete lease application is filed sooner.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6895. (a) Upon establishing to the satisfaction of the commission that commercially valuable deposits of minerals have been discovered within the limits of any permit, the permittee shall receive priority for a mining lease over any other applicant seeking a lease for the land included in the prospecting permit. This priority shall expire after 365 days unless the permittee submits a complete lease application to mine the discovered minerals, in which case the priority shall expire upon the commission’s consideration or applicant’s withdrawal of the application. Mineral leases shall be limited to the minimum area required for mining. Nothing in this section shall be construed to require the commission to issue a mineral lease. (b) The lease shall provide for the payment of an annual rental of not less than fair market value, as determined by the commission. The lease shall also provide for payment, which may be taken in kind, of either a royalty, to be taken in money or in kind, at the option of the commission, of not less than 10 percent of the gross value of all mineral production from the leased lands, less any charges approved by the commission that were made or incurred with respect to transporting or processing the state’s royalty share of production, or a percentage, to be determined by the commission, of the net profits derived from mineral extraction operations under the lease. Payment as a royalty or as a percentage of net profits shall be specified in the permit or lease. (c) If the lands for which a lease is sought are tide and submerged lands, the commission, in accordance with Section 6900, may divide the lands into the size and number of parcels as the commission determines will not substantially impair the public rights to navigation and fishing or interfere with the trust upon which the lands are held. (Amended by Stats. 2023, Ch. 120, Sec. 4. (AB 706) Effective January 1, 2024.)
  157. 6896.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Before a lease application is made for the covered area, the permittee must pay the state 20% of the gross value of minerals taken from the permitted lands and sold or otherwise disposed of.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6896. Until the permittee applies for a lease as to that portion of the area described in the permit herein provided, the permittee shall pay to the state 20 percent of the gross value of the minerals secured from the lands embraced within the permit and sold or otherwise disposed of or held for sale or other disposition. (Amended by Stats. 2023, Ch. 120, Sec. 5. (AB 706) Effective January 1, 2024.)
  158. 6897.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may lease certain state mineral deposits, either by competitive bidding or by negotiated lease when competitive bidding is unsuitable or not in the state’s best interest.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6897. (a) All deposits of minerals, other than oil, gas, and geothermal resources in lands belonging to the state, which have been classified by the commission as lands containing commercially valuable mineral deposits and all deposits of those minerals within lands embraced within a prospecting permit may be leased by the commission in either of the following ways: (1) By competitive bidding to the highest qualified and responsible bidder. The bidding shall be on the basis of a cash bonus, royalty rate, net profit, or other single biddable factor, and shall be conducted under general regulations and in a form to be determined by the commission to be in the best interest of the state. (2) By a negotiated lease or other agreement, if the lands are determined by the commission to be unsuitable for competitive bidding for reasons such as small size, irregular configuration, lack of access, or if a negotiated lease is in the best interest of the state. (b) In addition to the payment of a royalty in money or in kind or a percentage of the net profits derived from mineral extraction operations provided therein, each bid and each lease shall also provide for an annual payment in advance of rent of not less than fair market value or a greater sum as the commission may specify. (Amended by Stats. 2023, Ch. 120, Sec. 6. (AB 706) Effective January 1, 2024.)
  159. 6898.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Leases under this article cannot be for more than 20 years.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6898. Leases under this article shall be for terms not to exceed 20 years. (Amended by Stats. 2023, Ch. 120, Sec. 7. (AB 706) Effective January 1, 2024.)
  160. 6898.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may immediately extend certain Owens Lake mineral leases by 20 years.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6898.5. Notwithstanding Section 6898, any lease in effect on July 1, 1991, of lands, within the bed of Owens Lake for the development of minerals other than oil and gas and geothermal resources may be immediately extended by the commission for an additional 20 years beyond its current expiration date, with the subsequent lease renewal in accordance with Section 6898. (Added by Stats. 1991, Ch. 520, Sec. 6.)
  161. 6899.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must prescribe additional terms and conditions for permits and leases under this article.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6899. The commission shall prescribe additional terms and conditions, consistent with the provisions of this chapter, of permits and leases issued under this article as will in its opinion effectually protect the interests of the state in the mineral deposits reserved to it by this chapter. (Amended by Stats. 2023, Ch. 120, Sec. 8. (AB 706) Effective January 1, 2024.)
  162. 690.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Geologic Energy Management Division [690- 690.] ( Heading of Article 3 amended by Stats. 2021, Ch. 727, Sec. 2. )

    Verify source ↗

    The Geologic Energy Management Division must have a chief called the State Oil and Gas Supervisor.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Geologic Energy Management Division [690- 690.] ( Heading of Article 3 amended by Stats. 2021, Ch. 727, Sec. 2. ) ## 690. The Geologic Energy Management Division shall be in charge of a chief, known as the State Oil and Gas Supervisor. (Amended by Stats. 2019, Ch. 771, Sec. 7. (AB 1057) Effective January 1, 2020.)
  163. 6900.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission or a local trustee of granted public trust lands must not grant leases or issue permits to extract or remove hard minerals from tidal state waters, except east of the Carquinez Bridges on Interstate 80.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5. Minerals Other Than Oil and Gas [6890 - 6900] ( Article 5 added by Stats. 1941, Ch. 548. ) ## 6900. (a) Notwithstanding Section 6890, the commission or a local trustee of granted public trust lands shall not grant leases or issue permits for the extraction or removal of hard minerals from state waters subject to tidal influence, except for waters situated east of the Carquinez Bridges on Interstate 80. (b) (1) For purposes of this section, “hard minerals” means natural deposits of valuable minerals, including, but not limited to, metals and placer deposits of metals, nonmetallic minerals, gemstones, ores, gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten, zirconium, titanium, garnet, and phosphorus. (2) “Hard minerals” does not include rock, gravel, sand, silt, coal, oyster shells, or hydrocarbons. (c) This section does not prohibit scientific research or collections conducted by, or on behalf of, an educational, scientific, or research institution or a governmental agency. (Repealed and added by Stats. 2022, Ch. 433, Sec. 5. (AB 1832) Effective January 1, 2023.)
  164. 6901.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This article is known and may be cited as the Geothermal Resources Act.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6901. This article shall be known and may be cited as the Geothermal Resources Act. (Added by renumbering Section 6902 by Stats. 1978, Ch. 1139.)
  165. 6902.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The Legislature states that developing geothermal resources on state lands is important for California’s energy supply and that a flexible leasing program is needed because different parcels have different development potential.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6902. The Legislature hereby finds and declares that development of geothermal resources beneath state lands is an essential element in the development of additional energy sources for the State of California. It is further recognized by the Legislature that different parcels of state lands have varying degrees of potential for the successful development of geothermal resources. As some parcels display strong indications of geothermal resources and likelihood of commercially producible energy which could be let at competitive lease sale, and other parcels indicate potential but need additional exploration, and still other parcels have never been explored, the flexible leasing program established by this chapter is necessary to promote more rapid and extensive geothermal development on state lands. (Added by Stats. 1978, Ch. 1139.)
  166. 6903.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section defines “geothermal resources” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6903. For the purposes of this chapter, “geothermal resources” shall mean the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from, such natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, but excluding oil, hydrocarbon gas or other hydrocarbon substances. (Added by Stats. 1967, Ch. 1398.)
  167. 6904.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission may issue permits and leases for geothermal exploration and development on state lands, and for development of geothermal resources reserved by the state.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6904. Permits and leases for exploration and development of geothermal resources on lands belonging to the state and leases for the development of geothermal resources reserved by the state may be issued by the commission as provided in this article. For purposes of this article, state lands shall be defined as all lands owned by the state, including school lands, lieu lands, proprietary lands, tidelands, submerged lands, swamp and overflowed lands, and beds of navigable rivers and lakes, and lands in which geothermal resources have been reserved to the state. (Amended by Stats. 1978, Ch. 1139.)
  168. 6905.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Permits and leases under this article may be issued only to applicants who qualify under Section 6801.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6905. Permits and leases may be issued pursuant to this article only to those who qualify for permits and leases under Section 6801. (Amended by Stats. 1978, Ch. 1139.)
  169. 6906.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Geothermal leases and permits must coexist with other lawful uses of the same land, but neither set of operations may unreasonably interfere with or endanger the other. The commission may set protective conditions in its rules.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6906. Administration of this article shall be under the principle of multiple use of public lands and resources, and shall allow coexistence of other permits or leases of the same lands for deposits of other minerals under applicable laws, and the existence of permits or leases issued pursuant to the provisions of this article shall not preclude other uses of the areas covered thereby. However, operations under such other permits or leases or such other uses shall not unreasonably interfere with or endanger operations under any permit or lease issued pursuant to this article, nor shall operations under permits or leases issued pursuant to the provisions of this article unreasonably interfere with or endanger operations under any permit or lease issued pursuant to the provisions of any other act. Nor shall this article be construed as superseding the authority which the head of any state department or agency has with respect to the management, protection, and utilization of the state lands and resources under his jurisdiction. The commission may prescribe in its rules and regulations those conditions it deems to be necessary for the protection of other resources. (Added by Stats. 1967, Ch. 1398.)
  170. 6907.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    If the commission makes the specified determination and a market exists, it may require production of other geothermal resources.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6907. Where it is determined by the commission that the production or use of geothermal resources is also susceptible of economically producing other of the geothermal resources in commercially valuable quantities, and a market therefor exists, production of such other geothermal resources may be required by the commission. (Amended by Stats. 1983, Ch. 369, Sec. 18.)
  171. 6909.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission may issue nonexclusive geothermal exploration permits and set their terms. The permit does not give the permittee any preferential right to a geothermal resources lease.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6909. The commission may grant nonexclusive geological or geophysical exploration permits for geothermal resources upon such terms and conditions as the commission may prescribe, but any such permit shall not give the permittee any preferential right to a geothermal resources lease. (Repealed and added by Stats. 1978, Ch. 1139.)
  172. 6910.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission may issue a geothermal prospecting permit, but the applicant must provide a prospecting program and the permittee must drill a geothermal well during the permit term.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6910. (a) Subject to the provisions of Section 6906, the commission may issue a prospecting permit to the first qualified applicant therefor under such rules and regulations as it may prescribe for lands which have not been selected by the commission for lease by competitive public bid. An application for a permit shall be denied if, prior to the issuance of the permit, the lands are selected by the commission for lease by competitive public bid. The applicant shall submit for the commission’s approval a prospecting program, including a time schedule, which may include, but not be limited to, the conduct of surveys, tests, or experiments using geological, geophysical, or other exploratory methods, including exploration drilling. Such prospecting program shall be specified in the terms and conditions of the prospecting permit. At a minimum, each prospecting permit issued under this article shall provide that the permittee is required to drill a geothermal well during the term of the permit, and such term shall not be extended pursuant to subdivision (b) unless the permittee has commenced the drilling or applied for the necessary permits to drill such a well. Rental shall escalate each year until a well is drilled, whereupon the rental, royalties, and other terms shall be as specified in Section 6913. The escalating rental shall be one dollar ($1) per acre during the first year, not more than five dollars ($5) per acre during the second year, and not more than twenty-five dollars ($25) per acre during the third year and every year thereafter. In the event the permittee elects to quitclaim its interest in a permit prior to the expiration of the initial two-year term, its obligation to drill a geothermal well shall thereupon terminate. (b) A prospecting permit shall give to the permittee the exclusive right for a term of two years to prospect for geothermal resources upon lands included within such prospecting permit. The commission may, in its discretion, extend the term of any prospecting permit for a period not exceeding two years; provided that the combination of the term and extension of any prospecting permit shall not exceed a total of four years. The commission may amend or terminate any permit issued by it within the term or within the extension, if any, with the consent of the permittee. (c) Upon the discovery of geothermal resources in commercial quantities within the prospecting permit area, the permittee shall be entitled to a lease by the commission if provided as a term of the permit, for such lands within the permit area. The terms of such lease shall include the royalties and other terms contained in Section 6913. (d) Obligations imposed by a prospecting permit or lease pursuant to this section may be suspended during such time as a lessee is prevented from complying therewith by wars, riots, acts of God, laws, rules and regulations from any federal, state, county or municipal agency, or by such other unusual conditions as are beyond the control of the lessee. (Repealed and added by Stats. 1978, Ch. 1139.)
  173. 6911.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission may select geothermal lands for lease, but leases must use competitive bidding and go to the highest responsible qualified bidder.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6911. (a) Lands may be selected for lease by the commission and shall be leased by competitive bid on the basis of a cash bonus, net profit, or other single biddable factor. (b) In leasing lands the commission may prescribe in the lease document an exploration and development program. The commission shall consider all applicable economic factors, including market conditions, and the cost of drilling for, producing, and utilizing geothermal resources. (c) Lands so selected for lease by the commission shall be leased to the highest responsible qualified bidder under such rules and regulations as the commission may prescribe for notice to the public of terms and conditions of the sale, receipt of bid, and awarding of the lease. (Repealed and added by Stats. 1978, Ch. 1139.)
  174. 6912.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The surface owner may apply for a permit or lease within set time limits, and may match the highest acceptable bid in a competitive lease sale. The commission must serve notice by registered mail and must grant or issue the lease if the stated conditions are met.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6912. (a) In case of an application for a permit or lease covering lands which have been sold by the state, subject to a reservation by the state of the geothermal resources thereof, by any person other than the owner of the surface of those lands, the owner may, within four months from the date of service of notice of the application, file an application for a permit or lease. The notice, with a copy of the application, shall be served by the commission, by registered mail. If the owner files an application and is a qualified person and the commission determines that the permitting or leasing of the lands is in the best interest of the state, the owner’s application shall be granted subject to all the provisions of this article. If the owner fails to exercise the rights granted by this section, those rights shall terminate and the applicant shall be permitted to proceed with the application. (b) In the event of a competitive lease sale, after the commission has determined the highest competitive bid thereon, the owner of the surface of those lands may within 30 days after notification by the commission, by registered mail, submit a bid identical to the highest acceptable bid, in which case the commission shall issue a lease to the owner. If the owner fails to file a bid within that time, the commission may proceed with the award of the bid to other than the owner. (Amended by Stats. 1983, Ch. 617, Sec. 1.)
  175. 6913.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Geothermal permits and leases must include specified rents and royalties, and the commission may take its share in kind instead of cash.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6913. Each prospecting permit and lease issued under this article shall provide for the following rentals and royalties with respect to geothermal resources produced, saved and sold from the lands included within said permit or lease: (a) Prospecting permits and the leases which result therefrom shall include but not be limited to a royalty of not less than 10 percent of the gross revenue, exclusive of charges, approved by the commission, made or incurred with respect to transmission or other services or processes, received from the sale of steam, brines, from which no minerals have been extracted, and associated gases at the point of delivery to the purchaser thereof. Leases issued pursuant to a competitive lease sale may include in addition to the biddable factors a royalty of not more than 162/3 percent of the gross revenue, exclusive of charges, approved by the commission, made or incurred with respect to transmission or other services or processes, received from the sale of steam, brines, from which no minerals have been extracted, and associated gases at the point of delivery to the purchaser thereof. (b) A royalty of not less than 2 percent of the gross revenue received from the sale of mineral products or chemical compounds recovered from geothermal fluids in the first marketable form as to each such mineral product or chemical compound for the term of the lease. (c) An annual rental payable in advance of not less than one dollar ($1) per acre or fraction thereof for each year of a lease. Annual rental for prospecting permits shall be subject to the provisions of subdivision (a) of Section 6910. (d) If, after the discovery of geothermal resources in commercial quantities, the total royalties due to the state during any calendar year do not equal or exceed a sum equal to two dollars ($2) per acre for each acre or fraction thereof then included in the permit or lease, the permittee or the lessee shall, within 60 days after the end of the year, pay such sum as is necessary to equal a minimum royalty of two dollars ($2) per acre. (e) For leases and prospecting permits which may be converted into a lease, in existence prior to January 1, 1979, the royalties specified herein shall be subject to renegotiation after 30 years from the effective date of the lease and at 10-year intervals thereafter. The first renegotiated royalty rate shall not exceed 30 percent royalty, and in subsequent renegotiations the royalty rate shall not increase by more than 50 percent over the royalty rate of the prior period. In no case shall the lessee’s liability for renegotiated royalties exceed 50 percent of its net profits, nor shall the lessee’s renegotiated royalty be less than the royalty rate under which the lease was issued except as provided for in Section 6916. Net profits for the purposes of this subdivision shall be calculated from the effective date of the negotiated royalties. For leases entered into on and after January 1, 1979, the royalties shall be subject to renegotiation not sooner than 20 years nor later than 30 years from the initial commercial operation, which shall be 30 days after the first generating unit has operated for a consecutive 24-hour period, and at 10-year intervals thereafter. Such renegotiations shall not increase by more than 50 percent the maximum royalties due during the immediately preceding period. The time of first renegotiation for leases entered into after January 1, 1979, shall reflect the Public Utility Commission’s policy on accelerating rates of amortization of facilities utilizing geothermal resources and approval of terms for producer-utility supply contracts. (f) The commission may, in lieu of payment due the state, exercise the right to take its share of geothermal resources in kind as specified in a lease agreement. If additional facilities are necessary to enable the state to take its royalty share of geothermal resources in kind, the state or its purchaser of geothermal resources shall provide such additional facilities at its own expense, or if the lessee agrees to provide such additional facilities, the lessee shall be compensated for all direct labor and material costs in providing such additional facilities by the state’s purchaser or, if the state elects, by deduction from royalties due the state. Whenever the commission exercises the right to take geothermal resources in kind, the commission shall make and enter into contracts or agreements for the disposition and sale of such geothermal resources only with the highest responsible bidder upon competitive bidding, and in accordance with procedures set forth in rules and regulations adopted by the commission. All specifications and forms for the purpose of inviting bids in connection with such disposition and sale shall be adopted by the commission prior to publication of notice to bidders. Should no bids be received, or should the commission determine to reject any and all bids because of the insufficiency thereof, the commission may negotiate and enter into agreements for such disposition and sale under terms and conditions deemed by the commission to be in the best interests of the state. (g) Royalty payments shall be made pursuant to the provisions of subdivisions (a) and (b). However, for all geothermal resources used by the permittee or lessee and not sold, the gross revenue therefrom shall be determined as though said geothermal resources had been sold to a third person at the then prevailing market price, in the same market area, and under the same marketing conditions; provided, however, that royalties shall not be payable for geothermal resources used by the permittee or lessee in prudent business operations associated with the development and utilization of the resource or in the production of any geothermal mineral products or chemical compounds recovered from geothermal fluids in first marketable form which are subject to the payment of royalties under subdivision (a) or (b). (Amended by Stats. 1978, Ch. 1139.)
  176. 6914.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A geothermal resources permit or lease holder may quitclaim or give up rights under the permit or lease under Section 6804.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6914. The holder of any geothermal resources permit or lease may quitclaim or relinquish his or her rights under that permit or lease pursuant to the provisions of Section 6804.1 of this code. (Amended by Stats. 2018, Ch. 742, Sec. 12. (SB 1493) Effective January 1, 2019.)
  177. 6915.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The permittee or lessee may use only as much surface as is reasonably necessary, as determined by the commission, for geothermal resource production and conservation.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6915. Subject to the other provisions of this article, the permittee or lessee shall be entitled to use so much of the surface as is reasonably necessary as determined by the commission for the production and conservation of geothermal resources. (Added by Stats. 1967, Ch. 1398.)
  178. 6916.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission may issue geothermal leases for nonelectrical direct heat use, and it may also adjust royalty, rental, and operating terms in specified circumstances.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6916. (a) The commission may issue leases for direct heat application of geothermal resources for nonelectrical purposes for a royalty of less than 10 percent of gross revenue if it determines that such a royalty would be in the best interests of the state. (b) The commission may also waive, suspend, or reduce the rental or minimum royalty for the lands included in any permit or lease, or any portion thereof, and waive, suspend, alter, or amend the operating requirements contained in the lease or regulations adopted pursuant to this section affecting operations of the lease or permit, in the interests of conservation, and to encourage the greatest ultimate recovery of geothermal resources if the commission determines that the action is necessary or beneficial to promote development or finds that the permit or lease cannot be successfully operated under the permit or lease terms or under the regulations. (Amended by Stats. 2001, Ch. 745, Sec. 180. Effective October 12, 2001.)
  179. 6917.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission may terminate a permit or lease only under Section 6805.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6917. A permit or lease may be terminated by the commission only pursuant to the provisions of Section 6805 of this code. (Added by Stats. 1967, Ch. 1398.)
  180. 6918.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Leases under this article may run for up to 10 years initially, and longer only while geothermal resources are being or can be produced or used commercially, if the lessee complies with the lease’s exploration and development program.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6918. Leases under this article shall be for a primary term not to exceed 10 years and so long thereafter as geothermal resources are being or capable of being produced or utilized in commercial quantities, if the lessee is in compliance with the terms and conditions of an exploration and development program specified in the lease pursuant to Section 6911. (Repealed and added by Stats. 1978, Ch. 1139.)
  181. 6919.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission may make agreements for compensation related to drainage or geothermal leases on state-owned lands when specified conditions are met.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6919. Notwithstanding any other provision of law to the contrary, the commission may negotiate and enter into agreements for compensation for drainage or geothermal leases of state-owned lands if any of the following conditions exist: (a) Wells drilled upon private or public lands, including state-owned lands, are draining or may drain geothermal resources from state-owned lands; provided, that where wells are drilled on state-owned lands and other state-owned lands are or may be subject to drainage, the development is allowed only by drilling from already developed state lands. (b) The lands are determined by the commission to be unsuitable for competitive bidding because of such factors as their small size or irregular configuration, or their inaccessibility from surface drill sites reasonably available or obtainable. (c) The state owns a fractional interest in the lands. (d) The lease or agreement is determined by the commission to be in the best interests of the state. (Repealed and added by Stats. 1983, Ch. 1171, Sec. 7.)
  182. 6920.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A lessee producing geothermal resources may commingle output from multiple wells, but must install and maintain commission-satisfactory meters or other measuring devices to measure production from leased lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6920. Any person engaged in the production of geothermal resources under a lease issued by the commission may commingle geothermal resources from any two or more wells without regard to whether such wells are located on the lands for which such lease was issued or elsewhere, provided, however, that said lessee shall install and maintain meters or other measuring devices satisfactory to the commission to measure the amount of geothermal resources produced from lands for which leases were issued by the commission. (Added by Stats. 1967, Ch. 1398.)
  183. 6921.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A permittee or lessee may drill, convert, or reactivate certain wells for reinjecting geothermal resources, but only with commission approval and under the referenced chapter’s requirements.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6921. A permittee or lessee may, upon the approval of the commission and pursuant to the provisions of Chapter 4 (commencing with Section 3700) of Division 3, drill special wells, convert producing wells or reactivate and convert abandoned wells for the sole purpose of reinjecting geothermal resources or the residue thereof. If the lessee realizes a profit on such operations or if the geothermal resources proposed for reinjection are produced from other than state leased lands, then the commission may charge such consideration as is determined to be in the public interest, not to exceed the net profits or royalties payable under the lease. (Amended by Stats. 1978, Ch. 1139.)
  184. 6922.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section limits geothermal prospecting permits and leases to a minimum of 640 acres and a maximum of 5,760 acres, requires a reasonably compact area, and bars any person, association, or corporation from controlling more than 25,600 acres at one time.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6922. No prospecting permit or lease shall be made for less than 640 acres nor more than 5,760 acres and the permit or lease shall embrace a reasonably compact area. A prospecting permit or lease may be issued for a parcel less than 640 acres if the parcel is isolated from or not contiguous with other parcels of land available for a prospecting permit or lease hereunder or if the parcel would otherwise be subject to leasing rights as provided in subdivision (b) of Section 6912 by more than one surface owner. No person, association, or corporation shall take, hold, own, or control at one time, whether acquired directly from the commission under this article or otherwise, any direct or indirect interests in state geothermal leases or prospecting permits exceeding 25,600 acres. In computing acreage holdings or control, the accountable acreage of a party owning an undivided interest in a lease or prospecting permit shall be the party’s proportionate part of the total lease or prospecting permit acreage. Likewise, the accountable acreage of a party owning an interest in a corporation or association shall be his proportionate part of the corporation’s or association’s accountable acreage, except that no person shall be charged with his pro rata share of any acreage holdings of any association or corporation unless he is the beneficial owner of more than 10 percent of the stock or other instruments of ownership or control of the association or corporation. Parties owning a royalty or other interest determined by or payable out of a percentage of production from a lease or prospecting permit will be charged with a similar percentage of the total acreage. No limitation shall apply to the number of prospecting permits or leases granted under this article. In the unitizing of acreage by two or more lessees pursuant to a cooperative or unit plan of development or operation approved by the commission, accountable acreage of a party owning an interest shall be his pro rata share and any lease or portion so committed shall continue in force so long as committed to the plan beyond the expiration date of its primary term. Any lease eliminated from any approved cooperative plan of development shall continue in effect for the original term of the lease or for two years after its elimination from the plan or the termination thereof, whichever is longer, and so long thereafter as geothermal resources are being produced or utilized in commercial quantities. A purchaser of geothermal resources pursuant to a sales contract approved by the commission shall not be deemed to have a direct or indirect interest in geothermal leases or prospecting permits. (Amended by Stats. 1983, Ch. 617, Sec. 2.)
  185. 6923.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Lessees of geothermal resource lands may join together to operate under a cooperative or unit development plan, and the commission may make related lease regulations with the required consents.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6923. For the purpose of more properly conserving the natural resources of any geothermal resources areas, or any part thereof, the lessees thereof may unite with each other or with others in collectively adopting and operating under a cooperative or unit plan of development or operation of such geothermal resources lands, consistent with the provisions of Section 3756 of this code. The commission may, with the consent of the holders of leases involved, establish, alter, change, and revoke any drilling and production requirements of such leases, permit apportionment of production, and may make such regulations with reference to such leases, with like consent on the part of such lessees, in connection with the institution and operation of any such cooperative or unit plan, as the commission deems necessary or proper to secure the proper protection of the interests of the state. (Added by Stats. 1967, Ch. 1398.)
  186. 6924.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission may issue geothermal permits or leases on certain state-owned lands only with another agency’s consent and subject to that agency’s reasonable terms, and the other agency may not impose inconsistent terms.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6924. Where the surface of state-owned lands sought for use or development of geothermal resources or the waters thereon are under the jurisdiction of a state department or agency other than the commission, the commission may issue permits or leases under this article only with the consent of and subject to such reasonable terms and conditions as may be prescribed by that other department or agency to ensure the adequate utilization of the surface of the lands or the waters thereon for the purposes for which they are then being administered or for which they were acquired. The other department or agency shall not prescribe any terms and provisions inconsistent with this article. Notwithstanding Section 6217, as of June 30th of each year, a sum that is 50 percent of the revenue received by the state for the fiscal year ending on that June 30th, pursuant to leases for the development of geothermal resources on the surface of lands under the jurisdiction of that state department or agency, shall be available for appropriation by the Legislature solely for the programs of that state department or agency. (Amended by Stats. 1989, Ch. 1017, Sec. 1.)
  187. 6925.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A permit or lease under this article may be assigned, transferred, or sublet, if Section 6804 is followed.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6925. A permit or lease under this article may be assigned, transferred, or sublet as provided for in Section 6804 of this code. (Added by Stats. 1967, Ch. 1398.)
  188. 6925.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission must immediately suspend drilling and production operations if it determines a geothermal operation poses an unreasonable risk, except corrective, protective, or mitigative work.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6925.1. Whenever, as determined by the commission, any operation conducted under a geothermal exploration permit, prospecting permit, or lease pursuant to this article constitutes an unreasonable risk to the health, safety, or welfare of any human being or of pollution or contamination caused in any manner or resulting from such operations, the commission shall order an immediate suspension of any drilling and production operations, except those which are corrective, protective, or mitigative. Such operations shall not be resumed until the commission determines that adequate corrective measures have been taken. The commission may delegate the power to order a cessation of operations to its executive officer. Resumption of operations shall only be permitted by the commission. (Added by Stats. 1978, Ch. 1139.)
  189. 6925.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The commission may, at its discretion, issue a geothermal lease for a parcel under 640 acres if the geothermal resources will be used only for non-electricity purposes. The commission also sets the lease terms, and an applicant must get the lessee’s or permittee’s permission if the land already has a geothermal lease or permit.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 5.5. Geothermal Resources [6901 - 6925.2] ( Article 5.5 added by Stats. 1967, Ch. 1398. ) ## 6925.2. Notwithstanding any other provision of this article, the commission may, at its discretion, issue a lease to the first qualified applicant for a parcel of less than 640 acres if the geothermal resources to be developed on this parcel are utilized entirely for purposes other than electricity generation. The terms, conditions, rentals, royalties, drilling requirements, and development programs of those leases shall be as determined by the commission. If there is an existing geothermal resources lease or permit for the land, the applicant shall obtain the permission of the lessee or permittee. (Amended by Stats. 2006, Ch. 538, Sec. 573. Effective January 1, 2007.)
  190. 6926.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section allows the State’s right to extract sodium chloride from certain State lands to be sold to a metropolitan water district, at a reasonable price or royalty set by the commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. ) ## 6926. Notwithstanding any other provision of this chapter, the right to extract sodium chloride, contained in any lands belonging to the State, or which may become the property of the State, situate in any of the townships described in Section 6931, which may be necessary or convenient for use in conditioning a public water supply owned, controlled, or operated by any metropolitan water district of the State, may be sold at a reasonable price or royalty, or both, to be fixed by the commission and conveyed to any such metropolitan water district. (Added by Stats. 1941, Ch. 548.)
  191. 6927.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The fixed terms last 20 years from the grant date, and the commission or other duly constituted authority may set a different royalty rate for each later 20-year period.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. ) ## 6927. The terms so fixed shall be operative for 20 years from the date of the grant. Upon the expiration of such 20-year period and each succeeding period of 20 years the commission or other duly constituted authority, may prescribe for each ensuing period of 20 years a different royalty rate or rates to be paid as a condition of the continued exercise of the grant. (Added by Stats. 1941, Ch. 548.)
  192. 6928.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The purchaser may extract the sodium chloride only for public use, and may not sell it.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. ) ## 6928. The purchaser shall acquire no right to sell any such sodium chloride, but may extract it solely for public use in carrying out the public functions herein specifed. (Added by Stats. 1941, Ch. 548.)
  193. 6929.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A metropolitan water district may apply to the commission to buy the right to extract sodium chloride from State lands, and the application must describe the lands, the planned use, and include a map or plat.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. ) ## 6929. Any metropolitan water district may apply to the commission to purchase the right to extract sodium chloride from any such State lands. The application shall describe the lands and the proposed use to be made of the sodium chloride to be extracted therefrom, and shall be accompanied by a map or plat showing the location of the lands. (Added by Stats. 1941, Ch. 548.)
  194. 6930.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If the sale is made, the applicant gets a patent conveyance of the right to extract certain sodium chloride and to use the land and methods needed for extraction and processing. The patent must also provide for reversion to the State if the extracted sodium chloride is later sold or used outside the specified functions.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. ) ## 6930. If the sale is made, the right to extract from the lands, such sodium chloride as is found by the commission to be necessary or convenient for the purposes herein specified, together with the right to occupy and use so much of the land and to employ such methods as may be necessary or convenient for extracting and processing the sodium chloride, shall be conveyed to the applicant by patent. The patent shall provide for reversion to the State of any rights so patented in the event that any sodium chloride so extracted is sold by the patentee or used for any purpose other than the performance by the patentee of the functions herein specified. (Added by Stats. 1941, Ch. 548.)
  195. 6931.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This article applies only to certain State lands in specified townships of the San Bernardino Base and Meridian.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. ) ## 6931. The provisions of this article shall apply only to lands belonging to the State, or which may become the property of the State, situate in one or more of the following townships, all of which are of the San Bernardino Base and Meridian: T. 5 N., in R. 11 E.; T. 1 N., 4 N. and 5 N., in R. 12 E.; T. 3 N. and 4 N., in R. 13 E.; T. 2 N. and 3 N., in R. 15 E.; and T. 2 N., in R. 17 E. (Added by Stats. 1941, Ch. 548.)
  196. 6932.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A right to extract sodium chloride from State lands ends 99 years after the patent is issued, unless it is terminated earlier under this article.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Oil and Gas and Mineral Leases [6801 - 6932] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## ARTICLE 6. Extraction of Sodium Chloride From Specified Lands [6926 - 6932] ( Article 6 added by Stats. 1941, Ch. 548. ) ## 6932. Any right granted under this article to extract sodium chloride from State lands shall terminate upon the expiration of 99 years from the date of the issuance of the patent unless sooner terminated as herein otherwise provided. (Added by Stats. 1941, Ch. 548.)
  197. 6991.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. )

    Verify source ↗

    Leases to take minerals from certain waters or withdrawn lands may be issued only under this chapter.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. ) ## 6991. Leases for taking minerals from the waters of any stream or lake or from any lands withdrawn from sale by Section 6996 shall be issued only as provided by this chapter. (Amended by Stats. 1959, Ch. 707.)
  198. 6992.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. )

    Verify source ↗

    The commission may issue leases for these lands and for taking minerals from streams and lakes, using competitive bidding and awarding to the highest responsible bidder under its general regulations.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. ) ## 6992. Leases for any such lands and for the privilege of taking minerals from the waters of streams and lakes may be issued by the commission by competitive bidding to the highest responsible bidder, under general regulations adopted by the commission. (Amended by Stats. 1968, Ch. 981.)
  199. 6993.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. )

    Verify source ↗

    The commission may withdraw bid invitations, reject all bids, and remove part or all of a proposed lease tract before a lease is awarded.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. ) ## 6993. The commission may, prior to the receipt of any bid for a lease under this chapter, withdraw any offer to receive bids therefor, and it may reject all bids therefor filed pursuant to invitation of the commission. At any time before the awarding of a lease thereon, all or any portion of a tract proposed to be leased may be withdrawn by the commission and eliminated from the proposal. (Added by Stats. 1941, Ch. 1241.)
  200. 6994.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. )

    Verify source ↗

    Lease terms under this section cannot exceed 20 years, and the lessee has a preferential right to renew for successive periods of up to 10 years, subject to reasonable terms and conditions set by the commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. ) ## 6994. Leases under this article shall be for terms not to exceed 20 years with the preferential right in the lessee to renew the lease for successive periods not to exceed 10 years upon such reasonable terms and conditions as may be prescribed by the commission. (Amended by Stats. 1963, Ch. 705.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.