Section § 5910

Explanation

This law explains how grant funds are distributed to counties, cities, and districts based on population data. Forty percent of the funds go to counties and regional park and open-space districts, with a minimum of $100,000 per county. Sixty percent is allocated to cities and other districts, including a minimum of $20,000 per city or district. If city and district boundaries overlap, they must agree on how to share funds or the Director of Parks and Recreation will decide. Applications must show projects align with local park plans and meet priority needs.

Agencies may choose to pool resources for larger projects. Each project must request at least $20,000. The total annual funds for approved projects will be included in the state budget, and jurisdictions must use their allocated funds within three years. Unused funds can be reallocating by the Legislature for other high-priority projects.

(a)CA Public Resources Code § 5910(a) The grant funds authorized pursuant to paragraph (1) of subdivision (a) of Section 5907 shall be allocated to counties, cities, cities and counties, and districts on the basis of their populations, as determined by the Department of Parks and Recreation in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other population data as the Department of Parks and Recreation may require to be furnished by any county, city, city and county, or district.
(b)CA Public Resources Code § 5910(b) Forty percent of the total funds available for grants shall be allocated to counties and regional park, open-space, or park and open-space districts formed pursuant to Chapter 3 (commencing with Section 5500). Each county’s allocation shall be in the same ratio as the county’s population is to the state’s total population, except that each county is entitled to a minimum allocation of one hundred thousand dollars ($100,000). In any county that embraces all or part of the territory of a regional park, open-space, or park and open-space district whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between the regional district and the county in proportion to the population of the county that is included within the territory of the regional district and the population of the county that is outside the territory of the regional district.
(c)Copy CA Public Resources Code § 5910(c)
(1)Copy CA Public Resources Code § 5910(c)(1) Sixty percent of the total funds available for grants shall be allocated to cities and districts, other than regional park, open-space, or park and open-space districts. Each city’s and each district’s allocation shall be in the same ratio as the city’s or district’s population is to the combined total of the state’s population that is included in incorporated areas and in unincorporated areas within the districts, except that each city or district is entitled to a minimum allocation of twenty thousand dollars ($20,000). In any instance in which the boundary of a city overlaps the boundary of a district, the population in the area of overlapping jurisdictions shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. In any instance in which the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds shall be allocated to the district.
(2)CA Public Resources Code § 5910(c)(2) Each city and district whose boundaries overlap shall develop a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If by October 1, 1990, the plan has not been agreed to by the affected jurisdictions and submitted to the Department of Parks and Recreation, the Director of Parks and Recreation shall determine the allocation of the grant funds among the affected jurisdictions.
(d)CA Public Resources Code § 5910(d) Individual application for grants pursuant to subdivision (a) of Section 5907 shall be submitted to the Department of Parks and Recreation for approval as to conformity with the requirements of this division. The application shall be accompanied by certification from the planning agency of the applicant that the project for which the grant is applied is consistent with the park and recreation element of the applicable city or county general plan or the district park and recreation plan and will satisfy a high priority need. In order to utilize available grant funds as effectively as possible, overlapping or adjoining jurisdictions are encouraged to combine projects and submit a joint application.
(e)CA Public Resources Code § 5910(e) The minimum amount that the applicant may request for any individual project is twenty thousand dollars ($20,000). Any agency may allocate all or a portion of its per capita share for a regional or state project.
(f)CA Public Resources Code § 5910(f) The Director of Parks and Recreation shall annually forward a statement of the total amount to be appropriated in each fiscal year for projects approved for grants pursuant to subdivision (a) of Section 5907 to the Director of Finance for inclusion in the Budget Bill. The amount of grant funds to be allocated to each eligible jurisdiction shall be published in the Governor’s Budget for the fiscal year in which the appropriation for those grants is to be made and, as soon as possible thereafter, a list of projects for which grants have been approved shall be made available by the Department of Parks and Recreation.
(g)CA Public Resources Code § 5910(g) Funds appropriated for grants pursuant to subdivision (a) of Section 5907 shall be encumbered by the recipient within three years of the date when the appropriation became effective, regardless of the date when each project was approved pursuant to this section. Commencing with the Budget Bill for the 1992–93 fiscal year, any grant funds authorized under paragraphs (1) and (2) of subdivision (a) of Section 5907 that were not accepted by the recipient, or were not encumbered by the recipient within that three-year period, are available for appropriation for one or more of the classes of expenditures specified in Section 5907 that the Legislature deems to be of the highest priority statewide.

Section § 5911

Explanation

This section talks about how funds can be used for various park-related projects. Specifically, the money can go towards buying, fixing up, or restoring parks, beaches, open spaces, trails, or recreational facilities. There's also room for using the funds to acquire development rights or scenic easements. Before any of this happens, there must be at least one public hearing. Then, the Director of Parks and Recreation will set up the rules and criteria for giving out these funds competitively. Importantly, anyone applying for this funding must ask for at least $20,000 for their project.

Funds authorized in paragraph (3) of subdivision (a) of Section 5907 may be expended for the acquisition, development, rehabilitation, or restoration of parks, beaches, open-space lands, recreational trails, or recreational facilities and areas, and for development rights or scenic easements in connection with those acquisitions. After at least one public hearing, the Director of Parks and Recreation shall prepare and adopt criteria and procedures for evaluating those competitive grants. The minimum amount that the applicant may request for any individual project is twenty thousand dollars ($20,000).

Section § 5912

Explanation

This law states that certain funds are available as competitive grants to cities, counties, districts, and nonprofit organizations. These grants must be used within three years after they are issued. The Director of Parks and Recreation, through the Office of Historic Preservation, will set the rules for how these grants are awarded. Cities and similar entities can partner with nonprofit organizations to complete grant projects, following specific guidelines.

The funds authorized in paragraph (4) of subdivision (a) of Section 5907 shall be available as grants on a competitive basis to cities, counties, cities and counties, districts, and nonprofit organizations and shall be encumbered by the recipient within three years of the date when the appropriation became effective. The Director of Parks and Recreation, through the Office of Historic Preservation, shall prepare and adopt criteria and procedures for evaluating those competitive grants. An individual jurisdiction may enter into an agreement with a nonprofit organization for the purpose of carrying out a grant, subject to the requirements of Section 5917.

Section § 5913

Explanation

This law states that certain funds can be given as grants to local governments and nonprofit organizations, as long as they are involved in offering parks, recreation, or open spaces to the public. These grants are awarded through a competitive process. The Director of Parks and Recreation is responsible for creating and adopting rules for judging these grant competitions, specifically for trail development projects.

The funds authorized in paragraph (5) of subdivision (a) of Section 5907 shall be available as grants on a competitive basis to local units of government, and nonprofit organizations authorized to provide park, recreation, or open-space services or facilities to the general public. The Director of Parks and Recreation shall prepare and adopt criteria and procedures for evaluating those competitive grants for trail development.

Section § 5914

Explanation

This law outlines which government officials are responsible for reviewing and approving different types of grant applications related to environmental conservation and resource management projects. Depending on the type of grant described in Section 5907, applications should be submitted to specific department heads, like the Director of Parks and Recreation, the Director of the State Coastal Conservancy, the Director of Fish and Game, the Director of Forestry, the Director of Water Resources, or the Director of the Santa Monica Mountains Conservancy.

An application for a grant pursuant to subdivision (a) or (b) of Section 5907 shall be submitted to the Director of Parks and Recreation for review and approval; an application for a grant pursuant to subdivision (d) of Section 5907 shall be submitted to the Director of the State Coastal Conservancy for review and approval; an application for a grant pursuant to paragraph (1) of subdivision (e) of Section 5907 shall be submitted to the Director of Fish and Game for review and approval; an application for a grant pursuant to paragraph (2) of subdivision (e) of Section 5907 shall be submitted to the Director of Forestry for review and approval; an application for a grant pursuant to paragraph (3) of subdivision (e) of Section 5907 shall be submitted to the Director of Water Resources for review and approval; and an application for a grant pursuant to paragraph (4) of subdivision (e) of Section 5907 shall be submitted to the Director of the Santa Monica Mountains Conservancy for review and approval.

Section § 5915

Explanation

This law allows certain California officials, such as members of the Legislature or specific commissions, to nominate projects for funding studies by the Department of Parks and Recreation. These projects relate to parks and coastal resources. The State Park and Recreation Commission must hold a public hearing before nominating projects, allowing public input. Once nominated, the Department of Parks and Recreation evaluates these projects and submits a detailed report to the Legislature and the Secretary of the Resources Agency by March 1, 1989.

(a)CA Public Resources Code § 5915(a) Any member of the Legislature, the State Park and Recreation Commission, the California Coastal Commission, or the Secretary of the Resources Agency may nominate any project to be funded under paragraph (2) of subdivision (b) of Section 5907 for study by the Department of Parks and Recreation. The State Park and Recreation Commission shall nominate projects after holding at least one public hearing to seek project proposals from individuals, citizen groups, the Department of Parks and Recreation, and other public agencies. Any of the commissions shall make nominations by vote of its membership.
(b)CA Public Resources Code § 5915(b) The Department of Parks and Recreation shall study any project so nominated. In addition to the procedures required by Section 5006, the Department of Parks and Recreation shall submit to the Legislature and to the Secretary of the Resources Agency a report consisting of a priority listing and comparative evaluation of all projects nominated for study not later than March 1, 1989.

Section § 5915.5

Explanation

This law relates to the City of Davis and the management of specific parcels of land in Yolo County. It allows the city to grant conservation easements, leases, or licenses for habitat conservation projects, carbon dioxide storage, and agricultural activities that benefit wildlife, as long as these align with the Yolo Habitat Conservation Plan.

The city can also lease land for the underground storage of carbon dioxide and install necessary monitoring equipment, with certain limitations on surface and injection activities.

Any revenue generated from these activities must be used for environmental protection in the Davis area. The city must ensure that conserved land retains its scenic and wildlife values, and all actions must comply with existing laws.

(a)CA Public Resources Code § 5915.5(a) For purposes of this section, the following definitions apply:
(1)CA Public Resources Code § 5915.5(a)(1) “City” means the City of Davis.
(2)CA Public Resources Code § 5915.5(a)(2) “Parcel” means one of the following parcels acquired by the city with a grant made pursuant to subparagraph (S) of paragraph (3) of subdivision (b) of Section 5907, as identified by the assessor of the County of Yolo:
(A)CA Public Resources Code § 5915.5(a)(2)(A) 033-260-004.
(B)CA Public Resources Code § 5915.5(a)(2)(B) 033-260-005.
(C)CA Public Resources Code § 5915.5(a)(2)(C) 033-260-010.
(D)CA Public Resources Code § 5915.5(a)(2)(D) 033-130-031.
(E)CA Public Resources Code § 5915.5(a)(2)(E) 033-130-052.
(F)CA Public Resources Code § 5915.5(a)(2)(F) 033-130-035.
(G)CA Public Resources Code § 5915.5(a)(2)(G) 033-130-037.
(H)CA Public Resources Code § 5915.5(a)(2)(H) 033-130-051.
(3)CA Public Resources Code § 5915.5(a)(3) “Plan” means the “Yolo Habitat Conservation Plan/Natural Community Conservation Plan.”
(b)CA Public Resources Code § 5915.5(b) Consistent with paragraph (2) of subdivision (a) of Section 5919, the city may convey a conservation easement, lease, or license for any of the following purposes:
(1)CA Public Resources Code § 5915.5(b)(1) A habitat conservation project that is consistent with the plan and located on a parcel.
(2)Copy CA Public Resources Code § 5915.5(b)(2)
(A)Copy CA Public Resources Code § 5915.5(b)(2)(A) The geologic storage of carbon dioxide in the pore spaces in the geologic reservoir located below a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).
(B)CA Public Resources Code § 5915.5(b)(2)(A)(B) A monitoring well or any other equipment or facility that is required by federal, state, or local law for the geologic storage of carbon dioxide, as described in subparagraph (A), and that is located on a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).
(C)CA Public Resources Code § 5915.5(b)(2)(A)(C) Subdivision (b) of Section 5919 applies to any change to the use of the surface of a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).
(D)CA Public Resources Code § 5915.5(b)(2)(A)(D) This paragraph does not authorize the injection of carbon dioxide into a geologic reservoir located below a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a) from an injection point located on the surface of a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).
(3)CA Public Resources Code § 5915.5(b)(3) An agricultural activity that provides wildlife habitat, consistent with the plan, and is located on a parcel.
(c)CA Public Resources Code § 5915.5(c) Any revenue received by the city from conveying a conservation easement, lease, or license on a parcel, as authorized pursuant to this section, shall be used to preserve, protect, maintain, or enhance wildlife and riparian habitat, wetlands, and potential wetlands within the Davis Planning Area, consistent with this division.
(d)CA Public Resources Code § 5915.5(d) In the conveyance of an easement, lease, or license pursuant to subdivision (b), the city shall maintain the scenic, recreational, and wildlife values of that real property.
(e)CA Public Resources Code § 5915.5(e) This section does not exempt the city or any other party from any law that would otherwise apply to the conveyance of a conservation easement, lease, or license pursuant to subdivision (b) or to a project or activity described in subdivision (b).

Section § 5916

Explanation

This law explains how the state of California can acquire land for the state park system. It must follow the Property Acquisition Law. Additionally, certain stewardship activities can be carried out on park lands. These include actions like controlling erosion, restoring habitats, removing invasive species, and stabilizing dunes. However, these efforts should not just support regular park operations or be funded by other usual sources.

(a)CA Public Resources Code § 5916(a) Acquisition of real property for the state park system by purchase or by eminent domain shall be under the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code).
(b)CA Public Resources Code § 5916(b) Work efforts for stewardship purposes pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 5907 may include, but are not limited to, objectives such as the control of major erosion and geologic hazards, the restoration and improvement of critical plant and animal habitat, the control and elimination of exotic species encroachment, the stabilization of coastal dunes and bluffs, and the planning necessary to implement those activities. Those efforts may not include activities which merely supplement park system operations or which are usually funded from other sources.

Section § 5917

Explanation

This section says that if a city, county, district, or nonprofit organization receives funds for a project to develop, fix up, or restore land, the land must be owned or leased by them. If they don't own the land, they must prove that their project will benefit the public in line with how much control they have over the land and for how long.

Funds granted pursuant to Section 5907 may be expended for development, rehabilitation, or restoration only on lands owned by, or subject to a lease or other interest, held by the applicant city, county, city and county, district, or nonprofit organization. If those lands are not owned by the applicant, the applicant shall first demonstrate to the satisfaction of the administering agency that the project will provide public benefits commensurate with the type and duration of interest in land held by the applicant.

Section § 5918

Explanation

Any spending under this division must follow the rules set out by the California Environmental Quality Act to ensure environmental protection and oversight.

Every expenditure pursuant to this division shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000)).

Section § 5919

Explanation

This law explains the conditions for using state funds for projects like acquiring, developing, or restoring property. The property must be maintained and operated in perpetuity for its intended purpose. If a property is sold or repurposed, the amount equal to the grant, fair market value, or sale proceeds must either be reused for an authorized purpose or reimbursed to the original fund for similar future uses.

If the project changes hands, the new party must assume the original obligations. Applications for such grants must include written agreements to these rules. When the property changes legally allowed use or ownership, any gain or originally disbursed funds must be appropriately reallocated or returned.

(a)CA Public Resources Code § 5919(a) No state funds authorized under Section 5907 may be disbursed unless the applicant agrees:
(1)CA Public Resources Code § 5919(a)(1) To maintain and operate the property acquired, developed, rehabilitated, or restored with the funds in perpetuity. With the approval of the granting agency, the applicant or its successors in interest in the property may transfer the responsibility to maintain and operate the property in accordance with this section.
(2)CA Public Resources Code § 5919(a)(2) To use the property only for the purposes of this division and to make no other use, sale, or other disposition of the property except as authorized by specific act of the Legislature.
All applicants for a grant pursuant to paragraph (3) of subdivision (b) and pursuant to subdivisions (c), (d), and (e) of Section 5907 shall submit an application to the administering agency for grant approval. Each application shall include in writing the agreements specified in paragraphs (1) and (2) of this subdivision.
The agreements specified in paragraphs (1) and (2) of this subdivision shall not prevent the transfer of property acquired, developed, rehabilitated, or restored with funds authorized pursuant to Section 5907 from the applicant to a public agency, provided the successor public agency assumes the obligations imposed by those agreements.
(b)CA Public Resources Code § 5919(b) If the use of the property acquired through grants pursuant to this division is changed to one other than permitted under the category from which the funds were appropriated, or the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion thereof, acquired, developed, rehabilitated, or restored with the grant shall be used by the grantee, subject to subdivision (a), for a purpose authorized in that category or shall be reimbursed to the fund and be available for appropriation only for a use authorized in that category.
If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, rehabilitated, or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the grantee, subject to subdivision (a) of this section, for a purpose authorized in that category or shall be reimbursed to the fund and be available for appropriation only for a use authorized in that category.

Section § 5920

Explanation

This section outlines how property can be acquired according to specific regulations. It states that all real estate purchases under this division must follow specific government procedures. Acquisitions can include a variety of methods such as gifts, purchases, leases, and even eminent domain if explicitly permitted. It also mentions that any financial gifts or property donations meant for parks, conservation, recreation, agriculture, or similar uses can be accepted by the state with proper approval and used as designated by legislation.

(a)CA Public Resources Code § 5920(a) All real property acquired pursuant to this division shall be acquired in compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. The administering agency shall prescribe procedures sufficient to assure compliance by local public agencies and nonprofit organizations which receive funds under Section 5907.
(b)CA Public Resources Code § 5920(b) For the purposes of this division, acquisition may include gifts, purchases, leases, easements, the exercise of eminent domain if expressly authorized, the transfer or exchange of property for other property of like value, transfers of development rights or credits, and purchases of development rights and other interests.
(c)CA Public Resources Code § 5920(c) All grants, gifts, devises, or bequests to the state, conditional or unconditional, for park, conservation, recreational, agricultural, or other purposes for which real property may be acquired or developed pursuant to this division, may be accepted and received on behalf of the state by the appropriate departmental director with the approval of the Director of Finance. The grants, gifts, devises, or bequests are available, when appropriated by the Legislature, for expenditure for the purposes specified in Section 5907.

Section § 5921

Explanation

This law talks about how funds are allocated and used for a program called the “California Wildlife, Coastal, and Park Land Conservation Program.” Each year, specific funds for different parts of the program need to be listed in the state's budget for the government to review. The budget has to show amounts for each project or part of the program separately.

The use of these funds must follow all financial rules unless a new law says they don’t have to. The budget can only suggest spending money on the program’s projects mentioned in this division, and no bond money can be used outside of what's in the budget.

Any other funds not mentioned in the first section are sent straight to the state or local agency responsible for them, and these funds are normally not reviewed by the government unless Section 5922 says otherwise.

(a)CA Public Resources Code § 5921(a) With respect to Section 5907, all appropriations for the purposes of subdivision (a), paragraph (2) of subdivision (b), paragraph (1) of subdivision (d), and paragraphs (1), (2), (3), and (4) of subdivision (e) for the program shall be included in a section of the Budget Bill for the 1989–90 fiscal year and each succeeding fiscal year for consideration by the Legislature and shall bear the caption “California Wildlife, Coastal, and Park Land Conservation Program.” The section shall contain separate items for each project, each class of project, or each element of the program for which an appropriation is made.
(b)CA Public Resources Code § 5921(b) All appropriations specified in subdivision (a) are subject to all limitations enacted in the Budget Act and to all fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from those laws by a statute enacted by the Legislature. The Budget Act shall contain proposed appropriations only for the program elements and classes of projects contemplated by this division, and no funds derived from the bonds authorized by law for the purposes of this division may be expended pursuant to an appropriation not contained in those sections of the Budget Act.
(c)CA Public Resources Code § 5921(c) All funds not described in subdivision (a) are appropriated directly to the state or local agency which is to administer them. These funds are not subject to appropriation by the Legislature except as provided in Section 5922.

Section § 5922

Explanation

This law says that if certain allocated funds aren't spent by July 1, 1998, the agency responsible must submit a spending plan to the Legislature. The funds should be used in the county they were initially meant for, following the division's purposes. The Legislature can approve the plan with a two-thirds vote in both houses. If the reallocated funds still aren't spent within 10 years, the Legislature can again, with a two-thirds vote, redirect the money to the Department of Parks and Recreation for use in areas of California with the greatest need, according to the division's goals.

With respect to Section 5907, if money allocated pursuant to paragraphs (1) and (3) of subdivision (b) [except for subparagraph (A) of paragraph (1) of subdivision (b)]; subdivision (c) [except for paragraph (1)]; paragraphs (2), (3), (4), (5), and (6) of subdivision (d), and paragraphs (1) and (5) of subdivision (e), is not expended prior to July 1, 1998, the agency to which the funds are originally allocated shall submit to the Legislature a plan for expenditure of the funds in accordance with the purposes of this division within a county in which the funds were originally authorized to be expended, and the Legislature may approve the plan by statute, passed in each house by a two-thirds vote. If the reallocated funds are not expended within 10 years after the effective date of that statute, the Legislature may, by statute, passed in each house by a two-thirds vote, reallocate the funds to the Department of Parks and Recreation for expenditure in the area of the state with the greatest need consistent with the purposes of this division.

Section § 5923

Explanation

This law states that if the Department of Parks and Recreation doesn't spend the funds allocated according to a specific part of another law by July 1, 1993, those leftover funds will be given to the Santa Monica Mountains Conservancy. The legislature can also choose to redirect these funds to the Conservancy at any time for the same intended purposes.

If some or all of the funds allocated pursuant to subparagraph (E) of paragraph (1) of subdivision (b) of Section 5907 are not expended by the Department of Parks and Recreation by July 1, 1993, the remaining funds shall be allocated to the Santa Monica Mountains Conservancy for the purposes of that subparagraph. The Legislature may at any time allocate all or a portion of these funds to the Santa Monica Mountains Conservancy for the purposes for which the funds were originally allocated.

Section § 5924

Explanation

This law explains what happens to lands acquired for the Agua Caliente Indian Reservation in California. Once acquired, the state must transfer ownership of these lands to the U.S. government to hold in trust for the Agua Caliente Band of Cahuilla Indians. The tribe will manage these lands as part of their reservation, ensuring they are open to the public with reasonable restrictions. The lands must be used for wildlife habitat, preserving open spaces, recreation, and cultural preservation, including native plants and archaeological resources.

Existing tribal reserve lands are protected from acquisition, and new acquisitions are limited to specific areas within the reservation, requiring the Tribal Council's approval. The law also states that some lands cannot be taken by eminent domain, ensuring that public access is available except where it would harm the habitat.

(a)CA Public Resources Code § 5924(a) Any lands acquired pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 5907 or pursuant to other sections of this act for acquisition of other lands of the Agua Caliente Indian Reservation shall be subject to this section. After that acquisition, the state shall convey title to all those lands to the United States in trust for the Agua Caliente Band of Cahuilla Indians as part of the Agua Caliente Indian Reservation on the conditions that (1) the lands be administered by the Agua Caliente Band of Cahuilla Indians as additions to the existing tribal reserves established by Section 3(c) of the act of September 21, 1959 (73 Stat. 603, P.L. 86-339), (2) the lands be open to the public, subject to reasonable restrictions such as those presently in effect for the above existing tribal reserves, and (3) the lands be used for protection of wildlife habitat and other resources, preservation of open space, recreation, preservation of the native palms and other plants and animals native to the area, and the preservation in place or respectful public display, at the option of the Agua Caliente Band of Cahuilla Indians, of the archeological and cultural resources of the lands.
Existing tribal reserve lands shall not be acquired, and acquisition within the reservation shall be limited to the southerly three-fourths of Section 2 and Sections 3, 11, 12, 14, 16, 22, 26, 29, 34, and 36 of Township 5 south; range 4 east, San Bernardino base and meridian, unless otherwise approved by the Agua Caliente Indian Reservation Tribal Council. No acquisition within the boundaries of the Aqua Caliente Indian Reservation shall be made without the approval of the Aqua Caliente Band of Cahuilla Indians Tribal Council.
(b)CA Public Resources Code § 5924(b) Lands acquired pursuant to paragraph (5) of subdivision (a) of Section 5907 shall not be acquired through the use of eminent domain.
(c)CA Public Resources Code § 5924(c) Reasonable public access to lands acquired in fee with funds made available pursuant to this division shall be provided except where that access may interfere with habitat protection.

Section § 5924.5

Explanation

This law says that funds already set for Palm and Andreas Canyons can also be used for creating small facilities to help visitors and provide information about the area, but only if the Tribal Council of the Agua Caliente Band of Cahuilla Indians agrees.

In addition to the purposes specified in Section 5924, funds appropriated in subparagraph (C) of paragraph (1) of subdivision (b) of Section 5907 for Palm and Andreas Canyons may also be encumbered for interpretative facilities and minimal facilities necessary to facilitate public access if approved by the Tribal Council of the Agua Caliente Band of Cahuilla Indians.

Section § 5925

Explanation

This law involves the allocation of funds for acquiring land in the Pogonip area. If the entire Pogonip property can't be purchased, the funds should be used to buy parts of it or other greenbelt areas in Santa Cruz, according to a set priority list. If these purchases aren't made by January 1, 1991, the Department of Parks and Recreation must step in to buy the property for Henry Cowell Redwoods State Park. Even if the title transfer happens after this date, a deal is considered complete if a contract is signed before the deadline.

With respect to funds allocated pursuant to subparagraph (L) of paragraph (3) of subdivision (b) of Section 5907, if it is not possible to acquire the entire Pogonip property, the funds shall be distributed to the entities listed in the priority established in subparagraph (L) of paragraph (3) of subdivision (b) of Section 5907 for the acquisition of portions of the Pogonip property and the balance, if any, for other greenbelt lands located in the City of Santa Cruz and the County of Santa Cruz as defined in the 1979 City of Santa Cruz Greenbelt Ordinance. If any of these entities fails to accomplish the acquisition of all or portions of the Pogonip property by January 1, 1991, the Department of Parks and Recreation shall acquire all or a portion of the Pogonip property as an addition to Henry Cowell Redwoods State Park. Acquisition shall be deemed to have occurred if a binding contract is entered into on or before January 1, 1991, notwithstanding the fact that a transfer of title shall occur subsequent to that date.

Section § 5926

Explanation

This law states that money set aside for buying land for the Baldwin Hills State Recreation Area and expanding Bolsa Chica Linear Park can't be used to buy any land that currently has oil or gas extraction or could be used for oil or gas extraction.

None of the funds allocated pursuant to subparagraph (G) of paragraph (3) of subdivision (b) of Section 5907 for acquisition of land for the Baldwin Hills State Recreation Area or paragraph (1) of subdivision (d) of Section 5907 for expansion of Bolsa Chica Linear Park shall be used to acquire lands from which oil or gas is presently being extracted or from which oil or gas is capable of being extracted.

Section § 5927

Explanation

This law states that if a local agency has already qualified for or received a grant under a specific part of Section 5907, it can still qualify for additional grant funds from another part of Section 5907 or through a different section in the Fish and Game Code. This means receiving one grant doesn't stop the agency from getting more funds under different criteria.

The qualification for or allocation of a grant or grants to a local agency under one subdivision, paragraph, or subparagraph of Section 5907 shall not preclude eligibility for an additional allocation of grant funds to the same local agency pursuant to another subdivision, paragraph, or subparagraph of Section 5907 or pursuant to Section 2720 of the Fish and Game Code.

Section § 5928

Explanation

This law explains that specific funds must be used exclusively by Monterey County to purchase important scenic lands along the Big Sur Coast. The use of these funds must strictly follow the policies from the 1988 Bond Act Account and cannot be changed. Each year, Monterey County must report spending to the Director of Finance, who ensures that the rules are followed.

Additionally, any land bought with these funds must stay natural and undeveloped forever, with the exception that the California Department of Transportation may work on it to maintain Highway One as a scenic, two-lane road.

(a)CA Public Resources Code § 5928(a) Funds available pursuant to paragraph (5) of subdivision (e) of Section 5907 shall be used solely for Monterey County’s acquisition, as specified in subdivision (b) of Section 5920, of critical viewshed properties along the Big Sur Coast, and shall be expended in strict compliance with the policies of the 1988 Bond Act Account, which was established by resolution by the County of Monterey on March 17, 1987. The policies of the 1988 Bond Act Account shall not be modified or amended. Monterey County shall make an annual report to the Director of Finance on the disbursement of these funds. The Director of Finance shall assure that the County of Monterey expends the funds in accordance with this division.
(b)CA Public Resources Code § 5928(b) All lands acquired with these funds shall remain as natural lands in their present state in perpetuity and shall not be developed in any manner by any person or entity, public or private, except that this subdivision shall not apply to California Department of Transportation projects which are essential to maintain Highway One in its existing use as a rural, two lane, Scenic Highway.

Section § 5929

Explanation

If a state, local, or nonprofit agency wants to buy land near tidelands, swamps, or wetlands, they must first get approval from the State Lands Commission. This commission has three months to review the proposal and decide if the state has any interest in the land. They'll report back to the agency and the Department of General Services with their findings.

Also, if wetlands or riparian habitats are purchased under specific conditions, they cannot be used as dumping grounds for dredging material or have their natural habitat damaged.

Finally, this law doesn't allow for state lands to be taken through condemnation.

(a)CA Public Resources Code § 5929(a) Prior to recommending the acquisition of lands that are located on or near tidelands, submerged lands, swamp or overflowed lands, or other wetlands, whether or not those lands have been granted in trust to a local public agency, any state or local agency or nonprofit agency receiving funds under this division shall submit to the State Lands Commission any proposal for the acquisition of those lands pursuant to this division. The State Lands Commission shall, within three months of submittal, review the proposed acquisition, make a determination as to the state’s existing or potential interest in the lands, and report its findings to the entity making the submittal and to the Department of General Services.
(b)CA Public Resources Code § 5929(b) No wetlands or riparian habitat acquired pursuant to paragraph (7) of subdivision (c) of Section 5907 shall be used as a dredge spoil area or shall be subject to revetment which damages the quality of the habitat for which the property was acquired.
(c)CA Public Resources Code § 5929(c) No provision of this division shall be construed as authorizing the condemnation of state lands.