Chapter 3Miscellaneous Provisions
Section § 5910
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.
Section § 5911
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.
Section § 5912
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.
Section § 5913
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.
Section § 5914
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.
Section § 5915
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.
Section § 5915.5
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.
Section § 5916
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.
Section § 5917
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.
Section § 5918
Any spending under this division must follow the rules set out by the California Environmental Quality Act to ensure environmental protection and oversight.
Section § 5919
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.
Section § 5920
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.
Section § 5921
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.
Section § 5922
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.
Section § 5923
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.
Section § 5924
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.
Section § 5924.5
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.
Section § 5925
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.
Section § 5926
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.
Section § 5927
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.
Section § 5928
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.
Section § 5929
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.