PART 2. LEASING OF PUBLIC LANDS [6501. - 7100.]
Part 2 added by Stats. 1941, Ch. 548.
§§ 6501–7100 · 153 sections
CHAPTER 1. General Leasing Law §§ 6501–6509 · 13 sections
- § 6501 As used in this chapter, “lease” includes a permit, easement, or license.
- § 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,…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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)…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands §§ 6701–6707 · 7 sections
- § 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…
- § 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,…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 6707 (a) The Legislature finds and declares that to promote and accommodate public trust uses, including commerce, navigation, and fisheries, proper management of…
CHAPTER 3. Oil and Gas and Mineral Leases §§ 6801–6932 · 110 sections
ARTICLE 1. Provisions Relating to All State Lands §§ 6801–6819 · 21 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 6810 The provisions of this chapter authorizing the commission to acquire interests in real property include the acquisition of structures and improvements situated…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally §§ 6826–6836 · 22 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 6829.3 (a) The commission shall seek additional infrastructure bonding or other financial assurance, as feasible, under its jurisdiction when a lease term is…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 6833 The commission, upon such conditions as the commission shall prescribe, may approve operating, drilling or development contracts made by one or more lessees…
- § 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…
- § 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…
- § 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…
ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands §§ 6851–6855 · 5 sections
- § 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…
- § 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…
- § 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.
- § 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…
- § 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…
ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes §§ 6870–6880 · 19 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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)),…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Minerals Other Than Oil and Gas §§ 6890–6900 · 10 sections
- § 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…
- § 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…
- § 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…
- § 6895 (a) Upon establishing to the satisfaction of the commission that commercially valuable deposits of minerals have been discovered within the limits of any…
- § 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…
- § 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…
- § 6898 Leases under this article shall be for terms not to exceed 20 years.
- § 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…
- § 6899 The commission shall prescribe additional terms and conditions, consistent with the provisions of this chapter, of permits and leases issued under this article…
- § 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…
ARTICLE 5.5. Geothermal Resources §§ 6901–6925.2 · 26 sections
- § 6901 This article shall be known and may be cited as the Geothermal Resources Act.
- § 6902 The Legislature hereby finds and declares that development of geothermal resources beneath state lands is an essential element in the development of additional…
- § 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…
- § 6904 Permits and leases for exploration and development of geothermal resources on lands belonging to the state and leases for the development of geothermal…
- § 6905 Permits and leases may be issued pursuant to this article only to those who qualify for permits and leases under Section 6801.
- § 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…
- § 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…
- § 6909 The commission may grant nonexclusive geological or geophysical exploration permits for geothermal resources upon such terms and conditions as the commission…
- § 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…
- § 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…
- § 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…
- § 6913 Each prospecting permit and lease issued under this article shall provide for the following rentals and royalties with respect to geothermal resources…
- § 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…
- § 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…
- § 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…
- § 6917 A permit or lease may be terminated by the commission only pursuant to the provisions of Section 6805 of this code.
- § 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…
- § 6919 Notwithstanding any other provision of law to the contrary, the commission may negotiate and enter into agreements for compensation for drainage or geothermal…
- § 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…
- § 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…
- § 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.…
- § 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…
- § 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…
- § 6925 A permit or lease under this article may be assigned, transferred, or sublet as provided for in Section 6804 of this code.
- § 6925.1 Whenever, as determined by the commission, any operation conducted under a geothermal exploration permit, prospecting permit, or lease pursuant to this article…
- § 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…
ARTICLE 6. Extraction of Sodium Chloride From Specified Lands §§ 6926–6932 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands §§ 6991–6996 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 6995 The commission shall prescribe such additional terms, covenants and conditions, consistent with the provisions of this chapter, of permits and leases issued…
- § 6996 All of the lands embraced within the original meander lines of streams and lakes belonging to the State, the waters of which contain minerals in commercial…
CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies §§ 7051–7062 · 16 sections
- § 7051 (a) The board of supervisors, boards of trustees, directors or other governing body of any county or other public or quasi-public corporation, body or agency…
- § 7052 Lands may be leased in tracts of such size and shape as the governing body may determine. Before executing a lease of any such property, the governing body…
- § 7053 At the time and place fixed in the resolution for the meeting, all sealed proposals which have been received shall in public session be opened, examined, and…
- § 7054 An order to lease made by the governing body shall authorize and direct the execution and delivery by the chair or other presiding officer of a lease to the…
- § 7054.5 No lease or modification thereof or amendment thereto for the production, extraction, or removal of minerals, oil, gas, or other hydrocarbons from tide or…
- § 7055 Any money accruing from leases under this chapter shall be paid into the general fund of the county or other public or quasi public corporation, body or agency…
- § 7056 The provisions of this chapter shall apply to all counties and to such public or quasi-public corporations, bodies and agencies as are not otherwise authorized…
- § 7056.5 The provisions of Sections 7051 to 7056, inclusive, shall apply to operating agreements and all other types of agreements entered into by the agencies…
- § 7057 The property of any city may be leased for the purpose of producing or effecting the production of minerals, oil, gas or other hydrocarbon substances for a…
- § 7058 Any city, county, city and county, or district, in the interest of increasing the ultimate recovery of oil or gas, or of the protection of oil or gas from…
- § 7058.5 Before a lease or any operating agreement or other type of agreement for the production of oil, gas, or other hydrocarbons is entered into after the effective…
- § 7059 At the time and place fixed in the resolution for the meeting, all sealed proposals which have been received shall in public session be opened, examined, and…
- § 7060 (a) No such lease or agreement shall be effective unless prior to adopting the resolution provided for by Section 7058.5 the city shall have petitioned the…
- § 7061 The provisions of Sections 7058.5 to 7059, inclusive, shall be applicable to all general-law cities and shall be applicable to general-law and chartered cities…
- § 7061.1 Notwithstanding the provisions of Section 7058, no city, county, city and county, or district may enter into a unit or cooperative agreement pursuant to that…
- § 7062 (a) On or before October 1st of each year, each city shall cause to be made and filed with the State Lands Commission a detailed statement of all revenue and…
CHAPTER 6. Leases for Offshore Wind Energy Projects § 7100 · 1 section
- § 7100 (a) Notwithstanding Section 6217, the commission shall deposit revenue generated from an offshore wind energy project lease in the Offshore Wind Energy…