It is hereby declared to be in the public interest for the state and local public agencies to participate with the federal government with respect to recreation and fish and wildlife enhancement facilities at federal water projects to the extent that such facilities are deemed necessary and desirable by the state or local public agency participating. The state may participate in any such project to the extent that it is of statewide importance and that local public agencies are unwilling or unable to do so and to the extent the Legislature appropriates funds necessary therefor. The state and local agencies may cooperate and jointly participate in a project where the interests of both will be advantageously served.
Chapter 1.5Federal Water Project Recreation Act
Section § 5094
This law allows California state and local public agencies to work with the federal government on recreation and wildlife facilities at federal water projects if deemed necessary and beneficial. The state can step in if a project is of statewide importance and local agencies cannot or will not participate, as long as the Legislature provides funding. Both the state and local agencies can team up when it benefits them both.
recreation facilities fish and wildlife enhancement federal water projects statewide importance local agency participation public interest federal government cooperation state funding legislature appropriations joint participation state intervention local public agencies water project collaboration
Section § 5094.1
This law allows the Secretary of the Resources Agency to indicate California's intent to manage federal water project areas for recreation or to enhance fish and wildlife, but only with the approval of the Director of Finance and authorization by the Legislature. Before doing this, the Secretary must ensure that the project aligns with the state's water, recreation, fish, and wildlife plans and submit relevant materials to the Legislature.
Moreover, even if the state doesn't take on the administration role, the Department of Fish and Game can still coordinate fish and wildlife features of these federal projects with state plans.
The Secretary of the Resources Agency, with the approval of the Director of Finance and upon specific authorization by the Legislature, may indicate in writing the state’s intent to agree to administer any federal multiple-purpose water project land and water areas for recreation or fish and wildlife enhancement, or both of these purposes, as provided in Public Law 89-72. The secretary, as to each proposed state participation, shall submit any proposed indication of intent, together with supporting material, to the Legislature.
The secretary, before requesting legislative authorization, shall determine that the proposed state participation in the project is in compliance with all comprehensive water, recreation, and fish and wildlife plans of the state.
Notwithstanding the provisions of this section, the Department of Fish and Game may review and coordinate the development of fish and wildlife enhancement features at federal water projects with fish and wildlife plans of the state, irrespective of whether the state agrees to administer the project.
federal water projects land and water management recreation enhancement fish and wildlife enhancement Resources Agency Director of Finance Legislative authorization Public Law 89-72 water project administration state participation Department of Fish and Game state recreation plans wildlife plans fish enhancement features state compliance
Section § 5094.2
When a letter of intent has been issued for a project, the California Resources Agency, working with the Departments of Parks and Recreation and Fish and Game, must investigate and study the project. This includes preparing plans for how the state will participate. These plans are then shared with the local public agencies that could be affected so they can review and comment. The local agencies have a set period of 30 to 60 days to provide their feedback to the agency.
With respect to each project as to which a letter of intent has been given, the Resources Agency through the Department of Parks and Recreation and the Department of Fish and Game, in cooperation with affected local public agencies, shall conduct an investigation and study of the project with respect to the areas of interest of each and prepare plans of the proposed state participation therein. The plans shall be submitted, upon request, to each affected local public agency for its review and comments thereon. The comments shall be transmitted to the agency by the affected local public agency within such period as determined by the administrator, which period shall be not less than 30 days nor more than 60 days from the date of submission to the local public agency.
project investigation state participation plans local public agencies review and comments Resources Agency Department of Parks and Recreation Department of Fish and Game letter of intent project study local agency feedback state and local cooperation public agencies review project planning period for comments affected local agencies
Section § 5094.3
The California Department of Parks and Recreation and the Department of Fish and Game can work with the federal government on projects that enhance recreation and wildlife around federal water projects, if approved by the state's legislature. One department, chosen by the Resources Agency, will lead as the main contact for these projects, with approval required from the other department.
The two departments can manage lands for recreation or wildlife purposes, sign contracts for upkeep, cover costs, and accept lands or facilities on terms that best serve the public. They can split the costs with the federal government for developing these recreational or wildlife features at the projects, which may include funds from user fees or legislative appropriations. Any money earned specifically for this purpose must be reviewed every five years and kept in a special state fund for repayments.
Upon specific authorization of state participation by the Legislature:
(a)CA Public Resources Code § 5094.3(a) The Department of Parks and Recreation and the Department of Fish and Game may cooperate and participate with the federal government pursuant to Public Law 89-72 in the development of recreation and fish and wildlife enhancement at federal water projects. Where both the recreation and fish and wildlife enhancement functions are involved in a project the department having the principal interest as designated by the Administrator of the Resources Agency shall be the contracting agency with the federal government. In such case the contract shall be subject to approval of the other department.
(b)CA Public Resources Code § 5094.3(b) The departments may (1) administer unit land and water areas for recreation or fish and wildlife enhancement, or both, (2) contract with the federal government for the operation, maintenance, and replacement of unit facilities, (3) assume all costs of such operation, maintenance, and replacement, and (4) accept transfer of unit lands or facilities by lease or exchange upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation or fish and wildlife enhancement purposes, or both.
(c)CA Public Resources Code § 5094.3(c) The departments may enter into a contract or contracts with the federal government to pay or repay one-half of the separable capital costs involved in the development of the recreation or fish and wildlife enhancement features, or both, at the project pursuant to the provisions of Public Law 89-72, consistent with the reports provided for in Section 5094.2. The agreement for the payment or repayment of the separable capital costs shall be limited to those recreation or fish and wildlife enhancement facilities, or both, specified in the contract. Such payments or repayments may be made by any or all of the following methods: by legislative appropriation; by provision of lands, interests therein, or facilities for the project; or by a contract or contracts for repayment, with interest, within 50 years of first use of project recreation or fish and wildlife enhancement facilities specified in the contract or contracts. The source of repayment may be limited to entrance and user fees or charges collected at the project by the contracting department if such fees or charges dedicated to repayment are established on a basis calculated to achieve repayment and are made subject to review and renegotiation at intervals of not more than five years. If the source of repayment is so limited, revenues derived from such fees or charges shall be deposited in a special account in the Special Deposit Fund in the State Treasury and used for the purpose of such repayment. If not so limited, the source of repayment shall be such appropriations of funds as may from time to time be made for such purpose by the Legislature.
Department of Parks and Recreation Department of Fish and Game federal water projects recreation development fish and wildlife enhancement Public Law 89-72 contracting agency operation and maintenance separable capital costs legislative appropriation user fees Special Deposit Fund public interest Resources Agency land transfer
Section § 5094.4
This law states that the rules in this chapter don't apply to projects where the state works with the federal government to build or improve recreational and wildlife facilities at specific dams and reservoirs in California, like Auburn Dam and Folsom Dam, among others.
This chapter shall not apply to the cooperation and participation with the federal government pursuant to Public Law 89-161 in the development of recreation facilities or fish and wildlife enhancement facilities, or both, at Auburn Dam and Reservoir, Folsom Dam and Reservoir, Nimbus Dam and Lake Natomas, and County Line Dam and Reservoir, and stream areas in the immediate vicinity of these facilities.
cooperation with federal government recreation facilities development fish and wildlife enhancement Auburn Dam Auburn Reservoir Folsom Dam Folsom Reservoir Nimbus Dam Lake Natomas County Line Dam stream areas facility development Public Law 89-161 California dams natural resource projects
Section § 5094.5
This section names the chapter as the Porter-Cobey Federal Water Project Recreation Act.
This chapter shall be known and may be cited as the Porter-Cobey Federal Water Project Recreation Act.
Porter-Cobey Federal Water Project Recreation Act chapter name citation water project legislative title recreation federal water statute naming title reference law citation legislative act water recreation naming provision
