California Revenue And Taxation Code Section 24357.7

(a) (1) For purposes of paragraph (3) of subdivision (b) of Section 24357.2, the term qualified conservation contribution means a contribution-- (A) Of a qualified real property interest, (B) To a qualified organization, (C) Exclusively for conservation purposes. (2) For purposes of this subdivision, the term qualified real property interest means any of the following interests in real property: (i) The entire interest of the donor other than a qualified mineral interest. (ii) A remainder interest. (iii) A restriction (granted in perpetuity) on the use which may be made of the real property. (b) For purposes of subdivision (a), the term qualified organization means an organization which: (1) Is described in subdivision (a) or (b) of Section 24359, or (2) Is described in Section 23701(d), and-- (A) Meets the requirements of Section 509(a)(2) of the Internal Revenue Code, or (B) Meets the requirements of Section 509(a)(3) of the Internal Revenue Code and is controlled by an organization described in paragraph (1) or in subparagraph (A). (c) For purposes of this section, the term conservation purpose means any of the following: (1) The preservation of land areas for outdoor recreation by, or the education of, the general public. (2) The protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem. (3) The preservation of open space (including farm land and forest land) where that preservation is for any of the following: (A) For the scenic enjoyment of the general public. (B) Pursuant to a clearly delineated federal, state, or local governmental conservation policy, and will yield a significant public benefit. (C) The preservation of a historically important land area or a certified historic structure. (d) The term certified historic structure means any building, structure, or land area which: (1) Is listed in the National Register, or (2) Is located in a registered historic district (as defined in Section 47(c)(3)(B)) of the Internal Revenue Code and is certified by the Secretary of the Interior to the secretary as being of historic significance to the district. A building, structure, or land area satisfies the preceding sentence if it satisfies that sentence either at the time of the transfer or on the due date (including extensions) for filing the transferor`s return under this part for the taxable year in which the transfer is made. (e) For purposes of this section: (1) A contribution shall not be treated as exclusively for conservation purposes unless the conservation purpose is protected in perpetuity. (2) (A) Except as provided in subparagraph (B), in the case of a contribution of any interest where there is a retention of a qualified mineral interest, this subdivision shall not be treated as met if at any time there may be extraction or removal of minerals by any surface mining method. (B) With respect to any contribution of property in which the ownership of the surface estate and mineral interests has been and remains separated, paragraph (1) shall be treated as met if the probability of surface mining occurring on that property is so remote as to be negligible. (f) For purposes of this section, the term qualified mineral interest means-- (1) Subsurface oil, gas, or other minerals; and (2) The right to access to those minerals.