Inventory of Unconveyed State School Lands and Tide and Submerged
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-l \ ' ! '1f' (I)· "'';,, ' \ . '11tfEN1'01t¥I ':tfp 1//!f?JNV~'thn ""' ,/ "i-,cefJ' ~cJ-/,'/1 Qe'T"fAl"r,E' "'' 1'QeA:'1/1 AAr 'CF'ia\MfnQ ~ .. , {::o .1. p~f .r.;, ') c,~. :1 ~~L J~~1r,:1,. t_..JJd,, ~ i11~ ·.f&} ~\#,f~~j ~t PO&S.EsSJN6 ~iGNiFiCAllT ~~l~!~Olf Jef !J,YT 41:3 :JY;4~f!~§J:3 INVENTORY 01<' UNCONVEYED STATE SCHOOL LANDS AND TIDE AND SUBMERGED LANDS P0SSF.SSING SIGNIFICANT ENVIRONMENTAL VALUES Prepared Bv STATE LANDS DIVISION 1807 13th Street Sacramento, California 95814 December 1, 1975 ABSENCE OF A PMn!C'J~t? [''D. T::~D SPECIES FROM THE "RE!,1t:,,'. ;'· OF A PARCEL DOES NOT [,'.EM! 1:t\T SUCH SPECIES DOES NOT EXIST WITHif·l THAT PAECEL I N T R O D U C T I O N The State Lands Commission has prepared this report for the California Legislature as a general identification and classification of those unconveyed State school lands and tide and submerged lands which possess significant environmental values. This publication incorporates evaluated and pertinent comments received on the initial draft report which was circulated statewide in February 1975. The absence of a particular waterway or parcel from the report does not mean that the State does not claim ownership of that parcel or waterway, or that such specific parcel or waterway has no significant environmental values. This report is not intended to establish ownership, only to identify those parcels which possess significant environmental values. Staff was unable to physically inventory all of the considered lands; instead, the advice and participation of those with known environ mental expertise was utilized as additional to staff survey. Tide and submerged lands under the jurisdiction of the State Lands Commission are those sovereign lands received from the Federal Government by virtue of California's admission to the Union on an equal footing with the original States. Such lands, and State interest therein, are generally the lands waterward of the ordinary high water mark of the Pacific Ocean (seaward to a three-mile limit); tidal bays, sloughs, estuaries; and, navigable lakes and streams within the State. State school lands under the jurisdiction of the Commission are composed of the 16th and 36th sections of each township. The Federal Government transferred these lands to the State in 1853, in order to establish a financial foundation for a public school system. In cases where the 16th and 36th sections were mineral in character, incomplete as to acreage total, or already claimed or granted by the Federal Government, the State was permitted to select other lands "in lieu" of the specific sections. The public trust of commerce, navigation and fisheries which the State retains on patented sovereign lands should also be considered included in this inventory. Wherever a waterway, or body of water, is listed or mapped, the common trust state interest in patented sovereign lands, if any, is also included. The State Lands Commission emphasized when it adopted this report at its December 1, 1975 meeting that all tide and submerged lands are significant by the nature of their public ownership. Only because of the methodology used for this report are all of these waterways not specifically listed in this inventory. It is the intent of the State Lands Commission that this report be periodically updated. It should be considered as an informational document to assist the Legislature, the Commission, and the public in considering the environmental aspects of a proposed project and the significant values to be protected therein. S U M M A R Y Authorization and Requirements Section 6370 of the California Public Resources Code was enacted in 1970 (Chapter 1555), and subsequently amended in 1973 with the enactment of Chapter 688. This report was authorized by Section 6370, as subsequently amended by Sections 6370.1 and 6370.2. The statute and sections, as amended, required the State Lands Commission to: A. Inventory unconveyed State school and tide and submerged lands; B. Identify those lands which possess significant environmental values of statewide interest; C. Adopt regulations necessary to assure permanent protection to such lands; and, to make a final report to the Legislature on such lands containing criteria imposed, along with any recommendations of additional action necessary for permanent protection of such identified lands. Early Implementation Amendments to the original legislation affected the prompt inventory and identification of lands possessing environmental values. Additional sections to the Public Resources Code created the following changes in original concept: A. The Commission now would be required to act in concert with both the Resources Agency and the Office of Planning and Research, instead of acting jointly with the Resources Agency alone. B. The original description "unique environmental value" was changed to "significant environmental value". C. The Office of Planning and Research was required to define "significant environmental value" and to submit such definition to the State Lands Commission for approval and adoption at a public meeting. D. The Commission was required to submit the adopted definition, including supportive reasoning, to the Legislature no later than January 15, 1974. E. The final report was to be presented to the Legis lature on Janaury 15, 1975, and to include regula tions for protection of the identified lands. Inventory of State Lands An exhaustive inventory of State Lands Commission records covering school lands and tide and submerged lands was accomplished. All conveyance and acquisition records maintained by the State Lands Division were re-evaluated to guarantee that the inventory of school lands under the Commission's jurisdiction was all-inclusive. Each unconveyed school land parcel was given a six digit identification number. The specific sites were then posted on a set of county maps at a scale of one-half inch to the mile. These maps are on file in this office and available for reference. Additional inventory of Division records was undertaken to identify waterways in the State that are owned in fee by the State of California, or in which the State has a retained ownership interest; i.e., for purposes of public trust and easement. This inventory should be studied in the context of the following paragraph from Section 6376 of the Public Resources Code: "It is the intent of the Legislature that any inventory prepared pursuant to this chapter shall be solely for environmental purposes and not to establish rights of ownership. (Emphasis addect.'") Any boundaries,maps, or descriptions by the Commission in any such inventory shall not be binding upon any upland owner or any part affected thereby." No waiver or disclaimer of possible ownership rights in any waterways which may not have been included in the Draft Report or this report is intended. The inventory also did not attempt to include all waterways in which the State's interest consists only of the public easement for commerce, navigation, and fishery (including recreational uses), as distinct from fee ownership. Copies of the draft maps, showing the school lands and the waterways inventory, were sent to various governmental entities, as well as to interested organizations and individuals. Distribu tion was made of the criteria for identifying lands possessing environmental values. This criteria is outlined in Appendix 1. Preliminary Classification Amendment of the code to classify environmental values as "significant" rather than "unique" required a complete reassessment of work previously completed and extended the time frame for report completion. A re-evaluation of received inputs was initiated. All parcels previously identified as possessing ''unique" values were integrated iQto the new, broader "significant" definition. In addition, all nominations that had been initially rejected as not possessing "unique" values were re-evaluated for "significant" possiblities. Classifications of all nominated parcels were clarified and the following elements established: Geological Biological Paleontological Rare or Endanarred Plants Scenic or aesthetic Rare or Preci, ',S Mineral Source Watershed Speleological Rare or Endangered Species Fish Spawning and Nursery Critical Eco-system Critical Water Source Fishery and Wildlife Habitat Season Wildlife Support Areas Recreational Archaeological Historical including Landmark All nominations were reviewed and assigned to the above categories by Commission staff. All data from those participating in the nomination and inventory process are on file at this office and available for reference as to description of value. Criteria to Review Nominations Several levels of evaluation were established as criteria to determine whether or not a nominated parcel should be included in the inventory of lands with significantly environmental value. These were: 1. That the nominated parcel fit into at least one of the categories outlined in Exhibit A of Appendix 1. 2. That the nomination come from: a. A Resources Agency representative commenting on material within his specific field of expertise; or, b. An expert so identified through educa tion and/or experience who was recog nized by his peer group, and who was commenting within his specific field of expertise. 3. That the nomination serve a statewide interest. 4. That the nominated parcel be an integral part of a surrounding area which would meet the cri ho.ria. Nominations received were reviewed by Division staff to 3ssure that the criteria were properly applied. Identified