As used in this chapter, “state lands” means lands owned by, or under the jurisdiction of, the state or any state agency. It does not include lands owned by, or under the jurisdiction of a city, county, or district, or fire trails under the jurisdiction of the Division of Forestry in the Department of Conservation.
Chapter 1.7Archaeological, Paleontological, and Historical Sites
Section § 5097
In this section, "state lands" refers to land that the state government or any of its agencies owns or controls. It does not cover lands managed by cities, counties, districts, or those designated as fire trails by the Division of Forestry in the Department of Conservation.
state lands land ownership jurisdiction state agency city lands exclusion county lands exclusion district lands exclusion fire trails Division of Forestry Department of Conservation
Section § 5097.1
Before starting any big construction on state lands, the state agency responsible for the project can send the general plans to the State Department of Parks and Recreation. These plans should show what the project is about, where it will be, and details about any digging that will happen.
Prior to the commencement of construction of any major public works project on any state lands, the state agency proposing to construct the project, or on whose behalf the project is to be constructed, may submit to the State Department of Parks and Recreation general plans sufficient to indicate the nature of the project, its location, and the excavations which will be undertaken in connection with the project.
public works project state lands construction plans State Department of Parks and Recreation project location excavations state agency major construction state construction project general plans project proposals construction authorization environmental impact public land use project submission
Section § 5097.2
When plans for building on state lands come in, the department can check the land for archaeological or historical sites, like old ruins or fossils. They will then advise the state agency involved about how to preserve, photograph, or dig up any important features found.
Upon receipt of plans for a proposed construction project upon state lands, the department may conduct an archaeological site survey on the affected state lands in order to determine whether the lands may contain any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological sites, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological or historical feature. The department shall submit to the state agency, by or on whose behalf the project is to be constructed, its recommendations concerning the preservation, photographing, recording, or excavation for, any archaeological, paleontological, or historical features which may be located upon the lands.
archaeological site survey state lands construction historic ruins prehistoric sites burial grounds vertebrate paleontology fossilized footprints human inscriptions rock art preservation of archaeological sites paleontological features historical excavation archaeological preservation photographing historical sites
Section § 5097.3
This law allows a state agency responsible for constructing public works on state lands to conduct activities like surveys and excavations to preserve important archaeological, paleontological, or historical features found on those lands. They must first get recommendations from the relevant department, or they can contract that department to handle the operations themselves.
The state agency, by or on whose behalf public works are to be constructed on state lands, may undertake such surveys, excavations, or other operations on the state lands as it determines to be necessary to preserve or record any archaeological, paleontological, or historical features, including rock art, which may be located on the lands, after receiving the recommendations of the department, or the state agency may contract with the department to undertake those operations. The department may carry out the operations.
state lands public works archaeological features paleontological features historical features rock art preservation state agency operations land surveys excavations record historical features preservation activities contracting state department recommendations from department preserving state history land operations
Section § 5097.4
This law says that the Department of Parks and Recreation cannot let its archaeological projects get in the way of or slow down any state construction work.
No archaelogical program conducted by the Department of Parks and Recreation shall impair, impede or delay any state construction project.
archaeological program Department of Parks and Recreation state construction projects impair impede delay California parks archaeological studies construction work state projects preservation versus construction heritage and development project timelines California archaeology building work impact
Section § 5097.5
This law makes it illegal to knowingly and willfully damage, remove, or deface historic or prehistoric sites, including ruins, burial grounds, and archaeological sites on public lands, without permission from the managing agency. A violation is considered a misdemeanor, carrying penalties such as fines up to $10,000, jail time, or both. If convicted, the court must order restitution to the state or local agency responsible for the land, considering the commercial and archaeological value of the site, and the costs for repair and restoration.
Restitution funds are to be used exclusively for repairing the damage to these resources. If Native American remains are found, additional protective statutes apply. This law aims to protect and preserve valuable cultural and archaeological resources on public lands.
(a)CA Public Resources Code § 5097.5(a) A person shall not knowingly and willfully excavate upon, or remove, destroy, injure, or deface, any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over the lands.
(b)CA Public Resources Code § 5097.5(b) As used in this section, “public lands” means lands owned by, or under the jurisdiction of, the state, or any city, county, district, authority, or public corporation, or any agency thereof.
(c)CA Public Resources Code § 5097.5(c) A violation of this section is a misdemeanor, punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
(d)Copy CA Public Resources Code § 5097.5(d)
(1)Copy CA Public Resources Code § 5097.5(d)(1) Upon conviction, the court shall order restitution, unless the court decides otherwise pursuant to subdivision (c) of Section 1202.4 of the Penal Code, to either of the following:
(A)CA Public Resources Code § 5097.5(d)(1)(A) To the state agency, including any department of the state, a conservancy, or other instrumentality of the state, that has primary management authority over the public lands where the violation occurred, including public lands managed by the state under an agreement with another public entity.
(B)CA Public Resources Code § 5097.5(d)(1)(B) To the city, county, district, or
other local agency owning or having jurisdiction over the public lands where the violation occurred.
(2)CA Public Resources Code § 5097.5(d)(2) When determining restitution, the court shall consider evidence from the state or local agency to which restitution will be granted of the commercial and archaeological value of the property as follows:
(A)CA Public Resources Code § 5097.5(d)(2)(A) The commercial value of an archaeological resource involved in a violation shall be its fair market value. If the violation has resulted in damage to the archaeological resource, the state or local agency shall determine the fair market value using the condition of the archaeological resource prior to the violation to the extent that its prior condition can be ascertained. For purposes of this subparagraph, “fair market value” means the price that a seller is willing to accept and a buyer is willing to pay on the open market.
(B)CA Public Resources Code § 5097.5(d)(2)(B) The archaeological value of an archaeological resource involved in a violation shall be the value of the information associated with the archaeological resource. The state or local agency shall appraise the value in terms of the costs of the retrieval of the scientific information that would have been obtainable prior to the violation.
(C)CA Public Resources Code § 5097.5(d)(2)(C) The costs considered for restitution may include, but are not limited to, the cost of preparing a research design, conducting background research, conducting field work, carrying out laboratory analyses, and preparing reports that would be necessary to realize the information potential of the resource.
(D)CA Public Resources Code § 5097.5(d)(2)(D) The state or local agency shall follow the professional standards for determining commercial and archaeological value, in accordance with those procedures established in the
federal Archaeological Resources Protection Act of 1979 (Public Law 96-95), as amended, and in compliance with the Uniform Regulations set forth in Subpart A (commencing with Section 7.1) of Part 7 of Title 43 of the Code of Federal Regulations.
(E)CA Public Resources Code § 5097.5(d)(2)(E) For the purposes of restitution, the court shall consider the cost of restoration and repair of archaeological resources damaged as a result of a violation as well as the costs already incurred for emergency restoration or repair work, plus those costs projected by the state or local agency necessary to complete restoration and repair, that may include, but are not limited to, the costs of any one or more of the following:
(i)CA Public Resources Code § 5097.5(d)(2)(E)(i) Reconstruction of the archaeological resource.
(ii)CA Public Resources Code § 5097.5(d)(2)(E)(ii) Stabilization of the archaeological resource.
(iii)CA Public Resources Code § 5097.5(d)(2)(E)(iii) Ground contour reconstruction and surface stabilization.
(iv)CA Public Resources Code § 5097.5(d)(2)(E)(iv) Research necessary to carry out reconstruction or stabilization.
(v)CA Public Resources Code § 5097.5(d)(2)(E)(v) Physical barriers or other protective devices necessitated by the disturbance of the archaeological resource to protect it from further disturbance.
(vi)CA Public Resources Code § 5097.5(d)(2)(E)(vi) Examination and analysis of the archaeological resource, including recording remaining archaeological information where necessitated by disturbance in order to salvage remaining values that cannot be otherwise conserved.
(vii)CA Public Resources Code § 5097.5(d)(2)(E)(vii) Reinterment of human remains in accordance with religious customs and federal, state, local, or tribal law, where appropriate.
(e)CA Public Resources Code § 5097.5(e) If human remains that are determined to be Native American are recovered as a result of an action brought pursuant to this section, the requirements of Section 5097.9 shall apply to those remains.
(f)Copy CA Public Resources Code § 5097.5(f)
(1)Copy CA Public Resources Code § 5097.5(f)(1) Notwithstanding Section 13340 of the Government Code, the restitution funds received pursuant to subdivision (d) by a state agency, conservancy, or other instrumentality of the state, are hereby continuously appropriated for expenditure by that state agency, conservancy, or other instrumentality only for the costs of restoring and repairing the archaeological resources that are the subject of the violation.
(2)CA Public Resources Code § 5097.5(f)(2) The restitution funds received pursuant to subdivision (d) by a city, county, district, or other local agency may be expended by that city, county, district, or other local agency only for the costs of restoring and repairing the
archaeological resources that are the subject of the violation.
historic sites protection archaeological site damage prehistoric ruins public lands preservation restitution for damage archaeological resource value paleontological site fossilized footprints Native American remains repair and restoration funds violation penalties cultural resource protection jurisdiction over public lands heritage site conservation commercial value of artifacts
Section § 5097.6
In simple terms, spending money to fulfill the objectives of this chapter can only happen if the legislature approves the funds or through agreements with other state agencies.
Expenditures to carry out the purposes of this chapter shall be made only pursuant to legislative appropriation for these purposes or by contract with other state agencies.
legislative appropriation contracts with state agencies expenditure authorization funding approval state agency contracts budget approval process state funding policy expenditure limitations financial appropriation state contract funding funding regulations legislative funding requirements public resource funding state legislative process agency contract procedures
Section § 5097.7
If someone is convicted of a crime related to archaeological resources, certain items can be taken away (forfeited). Here's how it works:
(a) The archaeological item itself can be forfeited if it's still with the person convicted.
(b) A vehicle involved in the crime might be forfeited if it was specially modified for the crime or used in a repeated pattern to commit the crime. However, the vehicle will be returned to its legal owner, but not to the convicted person.
If the vehicle is jointly owned, the court will check if the other owner has another vehicle before taking it away.
(c) Any equipment used in breaking the law might also be forfeited.
Upon a conviction pursuant to Section 5097.5, the following items are subject to forfeiture in accordance with the following conditions:
(a)CA Public Resources Code § 5097.7(a) The archaeological resource that was the subject of the violation, and that is in the possession of the person, shall be subject to forfeiture.
(b)Copy CA Public Resources Code § 5097.7(b)
(1)Copy CA Public Resources Code § 5097.7(b)(1) A vehicle that was used in connection with the violation may be subject to forfeiture, if the vehicle to be forfeited was not merely a means of transportation to the site but was either of the following:
(A)CA Public Resources Code § 5097.7(b)(1)(A) The vehicle was specifically modified or designed to assist in the commission of
the crime.
(B)CA Public Resources Code § 5097.7(b)(1)(B) The vehicle was used as part of a pattern or scheme to commit the offense.
(2)CA Public Resources Code § 5097.7(b)(2) A vehicle that is subject to forfeiture shall be released to the legal owner or his or her agent pursuant to the procedures set forth in subdivision (e) of Section 21100.4 of the Vehicle Code. A legal owner or his or her agent that obtains a release of the vehicle shall not release the vehicle to the person convicted of a violation of Section 5097.7.
(3)CA Public Resources Code § 5097.7(b)(3) If there is a community property interest in the vehicle subject to forfeiture, the court shall consider whether there is another vehicle available to the party with that interest before ordering forfeiture of the vehicle.
(c)CA Public Resources Code § 5097.7(c) Equipment used in the violation may be subject to
forfeiture.
archaeological resource forfeiture conviction consequences vehicle modification for crime pattern of violation legal owner vehicle release community property interest in vehicle equipment forfeiture using vehicle in crime vehicle possession release forfeiture conditions archaeological site crime
