THE TRIBE WILL TAKE ALL NECESSARY
STEPS FOR THE RESCISSION REQUEST TO BE CONSIDERED IN A TIMELY MANNER.
12.3.2
IMMEDIATELY FOLLOWING THE TRIBE'S SUBMISSION OF ITS REQUESTS TO
RESCIND AND NOT RENEW THE DUGAN PROPERTY WILLIAMSON ACT CONTRACT AND THE
SUBMISSION OF THIS AGREEMENT TO THE DOI AS PROVIDED FOR IN SECTION 25, THE
COUNTY AND THE DOC SHALL WITHDRAW THEIR IBIA APPEAL, WITH PREJUDICE, OF THE BIA
DECISION TO TAKE THE DUGAN PROPERTY INTO TRUST.
12.3.3
THE WITHDRAWAL BY THE COUNTY AND THE DOC OF THEIR APPEALS, AND
FORBEARANCE IN MAKING ANY FURTHER OBJECTIONS REGARDING THE DUGAN PROPERTY
WILLIAMSON ACT CONTRACT, SHALL BE WITHOUT PREJUDICE TO THE COUNTY OR THE DOC, OR
EITHER, FROM BEING ABLE TO TAKE A CONTRARY POSITION AS TO ANY OTHER PROPERTY.
12.3.4
THE PUBLIC BENEFITS TO BE PROVIDED BY THE TRIBE IN CONNECTION
WITH A WILLIAMSON ACT RESCISSION INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
A.
PROVIDING THE EMERGENCY ACCESS ROAD TO THE RANCHERIA AT THE
TRIBE'S SOLE EXPENSE; AND
B.
RESOLUTION OF LITIGATION WITH THE COUNTY AND THE DOC IN WHICH THE
VALIDITY OF A WILLIAMSON ACT CONTRACT FOLLOWING THE ACCEPTANCE OF THE LAND INTO
TRUST WAS AT ISSUE.
12.3.5
PURSUANT TO GOVERNMENT CODE SECTION 51256 AND THIS AGREEMENT
(BUT WITHOUT SUBJECTING THE TRIBE TO THE JURISDICTION OR APPLICATION OF SUCH
CODE AS TO ANY OTHER PROPERTY), THE TRIBE HAS AGREED TO DEDICATE A PERPETUAL
AGRICULTURAL AND OPEN SPACE EASEMENT ON AT LEAST 90 ACRES OF THE PETALUMA
PROPERTY ("CONSERVATION EASEMENT"), AS DESCRIBED IN EXHIBIT H, OR IN ANOTHER
LOCATION APPROVED BY COUNTY, LIMITING USES OF THE LAND TO AGRICULTURAL, OPEN
SPACE, AND/OR WETLAND RESTORATION PURPOSES.
CONSISTENT WITH APPLICABLE LAW, THE
COUNTY WILL COOPERATE WITH THE TRIBE IN REVIEWING AND PROCESSING ANY APPLICATION
WHICH SEEKS TO DIVIDE THE CONSERVATION EASEMENT AREA INTO A SEPARATE
PARCEL(S) FROM THE REMAINING PETALUMA PROPERTY.
12.3.6
THE COUNTY, THROUGH THE SONOMA COUNTY AGRICULTURAL PRESERVATION
AND OPEN SPACE DISTRICT OR OTHER ORGANIZATION APPROVED BY THE COUNTY THAT
CONFORMS WITH THE CALIFORNIA LAND CONSERVATION PROGRAM ACT AS PROVIDED PURSUANT
TO PUBLIC RESOURCES CODE SECTION 10200, ET SEQ., AND WITHOUT SUBJECTING THE
TRIBE TO THE JURISDICTION THEREOF WITH RESPECT TO ANY OTHER PROPERTY, SHALL HAVE
THE POWER TO HOLD, ENFORCE AND MAINTAIN THE CHARACTER OF THE CONSERVATION
EASEMENT ON THE PETALUMA PROPERTY.
THE CONSERVATION EASEMENT SHALL ALLOW FOR
THE AGRICULTURAL USE OF THE PROPERTY, THE DEVELOPMENT, RESTORATION AND/OR
ENHANCEMENT OF WETLANDS
29
TO PROVIDE FOR NATIVE VEGETATION AND WILDLIFE AND FOR USE AS A MITIGATION BANK
AND SHALL BE IN A FORM SUBSTANTIALLY SIMILAR TO EXHIBIT H.
12.3.7
THE PARTIES UNDERSTAND THAT THE PROPOSED EASEMENT, IS PART OF A
WILLIAMSON ACT CONTRACT EASEMENT EXCHANGE PROGRAM, AND MUST FURTHER MEET THE
REQUIREMENTS SET FORTH IN GOVERNMENT CODE SECTION 51256 (D), BUT THAT SUCH
REQUIREMENTS SHALL NOT DELAY WITHDRAWAL OF THE IBIA APPEAL.
TO THE EXTENT SUCH
REQUIREMENTS OR ANY OTHER PROVISION OF LAW IN CONNECTION WITH THE RESCISSION,
TERMINATION OR CANCELLATION OF A WILLIAMSON ACT CONTRACT REQUIRES THE PAYMENT OF