Entity Due Diligence for Mitigation Lands

Endowments

On September 28, 2012, the Governor signed SB 1094 into law amending Government Code sections 65965-65968, which, among other things, expanded authorization for holding mitigation lands and modified the requirements for mitigation endowments.

• An entity seeking to hold an endowment shall first meet the criteria outlined in Government Code section 65968, subdivision (b), paragraph (1). If the entity meets the criteria to hold endowments, the entity shall certify to the project proponent or the holder of the mitigation property or a conservation easement, and to California Department of Fish and Wildlife (CDFW), that it meets all of the requirements outlined in Government Code section 65968, subdivision (e), paragraphs (1) - (5).
• Please send self-certification letters and required annual fiscal reports fulfilling the requirements in the Summary of the new requirements for mitigation endowments (PDF) to CDFW at mitland@wildlife.ca.gov.

Hold or Manage Mitigation Land

*** Process Updated April 5, 2021 ***

Government Code § 65967(c) requires a state or local agency to exercise due diligence when approving governmental entities, special districts, and non-profit organizations proposed to hold conservation easements (CE) or manage and steward mitigation lands.

When CDFW issues permits for a project, the project applicant may be required to transfer an interest in real property to CDFW or to another entity to mitigate the impact that the project will have on fish and wildlife resources. That interest in real property may involve a transfer of fee title, the granting of a conservation easement, or both.

Pursuant to its regulatory authority under Fish and Game Code, CDFW shall exercise due diligence when reviewing the qualifications of any entity seeking to hold conservation easements for mitigation lands or any entity or individual seeking to manage and steward mitigation lands.

Staff in CDFW regions will review the qualifications of the entity proposed on a project-by-project basis. Because this determination is made on a project-by-project basis, a single entity may be approved to hold one CE or manage certain mitigation lands but denied to hold another CE or manage other mitigation lands.

CDFW may provide a checklist, to entities proposed to hold conservation easements or manage and steward mitigation lands, requesting a list of documents to review the entity’s qualifications. Document requests are based on the entity type, previous submittals, and property specific information.

The Entity Checklist template is below for reference. The Properties List Template is not required but can aid in completing the information requested in #15, 16, 19, 29, 30, 31, and 32.

• Checklist for Entities being Considered to Hold Conservation Easements or Manage and Steward Mitigation Land (PDF)
• Properties List Template (Excel)

For questions about this process, please email CDFW at mitland@wildlife.ca.gov.

Entities Approved for Specific projects starting April 21 (PDF)

Related Programs

• Conservation and Mitigation Banking
• Mitigation Land Acquisition
• Natural Community Conservation Planning (NCCP)
• Environmental Review and Permitting
• Lake and Streambed Alteration (LSA) Program
• California Environmental Quality Act (CEQA) Program

Related Resources

• California Council of Land Trusts
• Land Trust Accreditation Commission