This chapter shall be known, and may be cited, as the Lower American River Conservancy Program Act.
Chapter 10.5Lower American River Conservancy Program
Section § 5845
This section specifies that the chapter is officially named the Lower American River Conservancy Program Act.
Lower American River Conservancy Program Conservation Environmental protection River management Natural resources California rivers River preservation Conservancy efforts Ecosystem support
Section § 5845.1
This section of the law highlights the significance of the Lower American River in California. It's a vital natural area that draws over 8 million visitors annually for recreation, education, and environmental purposes. The American River Parkway is considered a major asset in the Sacramento region, also recognized for its flood control, water quality, and wildlife habitats, like those for salmon and peregrine falcons.
The County of Sacramento manages the parkway with support from the state and other partners, maintaining its resources and facilities. The law emphasizes collaboration between the state and local agencies to enhance the parkway's resources. Additionally, a program called the Lower American River Conservancy Program has been proposed to provide state funding and partnership to protect and enhance this area further.
(a)CA Public Resources Code § 5845.1(a) The Legislature finds and declares all of the following:
(1)CA Public Resources Code § 5845.1(a)(1) The Lower American River is one of California’s most important natural environments, providing recreational, environmental, and educational opportunities to more than 8,000,000 visitors each year. It also serves as a unique urban greenbelt composed of more than 5,000 acres and lying immediately next to and within two incorporated cities and the unincorporated County of Sacramento.
(2)CA Public Resources Code § 5845.1(a)(2) The American River Parkway includes natural and recreational resources of statewide interest and is often referred to as “the jewel” of the Sacramento region, and it is managed as such with an
intent to fulfill the vision set forth through past collaborative efforts involving advocates and stakeholders, the County of Sacramento, state agencies, and the Legislature.
(3)CA Public Resources Code § 5845.1(a)(3) The American River Parkway was established by the County of Sacramento, with financial support from the state and other public and private entities.
(4)CA Public Resources Code § 5845.1(a)(4) Since establishing the American River Parkway in 1959, the County of Sacramento has and will continue to update, maintain, and determine consistency with the American River Parkway Plan and to serve as the Parkway Manager to own, manage, operate, and patrol the lands and resources within the American River Parkway.
(5)CA Public Resources Code § 5845.1(a)(5) The American River Parkway provides additional benefits to the state and the Sacramento region including flood control, water supply, water quality, habitat for anadromous
fisheries, including salmon and steelhead, habitat for migratory waterfowl, habitat for sensitive species, including Swainson’s hawks, peregrine falcons, northern harriers, white-tailed kites, and western pond turtles, and habitat for other wildlife, including river otters.
(6)CA Public Resources Code § 5845.1(a)(6) The Legislature recognized the statewide importance of the American River Parkway in enacting the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840)), which culminated with the adoption of the American River Parkway Plan and the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830)).
(7)CA Public Resources Code § 5845.1(a)(7) The statewide and national importance of the Lower American River Parkway was further recognized when it was designated as part of the California Wild and Scenic Rivers System and the National Wild and Scenic Rivers System. The American River Parkway Plan acts as the
management plan for the lower American River under the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section 5093.50)), providing management guidance and direction for state departments and agencies, as well as local governments, in carrying out their responsibilities under that act.
(8)CA Public Resources Code § 5845.1(a)(8) The state has an interest in working with local agencies to expand, enhance, and restore the natural, recreational, cultural, and educational resources in and adjacent to the American River Parkway.
(9)CA Public Resources Code § 5845.1(a)(9) The establishment of the Lower American River Conservancy Program will provide a state partner to work cooperatively with local agencies, particularly the County of Sacramento in its role as the Parkway Manager, and nonprofit organizations to help fund projects and provide grants to restore, enhance, interpret, protect, and improve public access to the American River Parkway’s
natural, recreational, educational, and cultural resources.
(b)CA Public Resources Code § 5845.1(b) It is the intent of the Legislature that the Lower American River Conservancy Program be a continuation of the state’s historic role in providing funding to advance the protection and restoration of the natural resources of the Lower American River while continuing the County of Sacramento’s historic role in managing the lands and public uses of the American River Parkway.
Lower American River American River Parkway Sacramento region recreational resources natural environments wildlife habitats flood control water quality anadromous fisheries Swainson’s hawks California Wild and Scenic Rivers System National Wild and Scenic Rivers System Lower American River Conservancy Program Parkway Manager urban greenbelt
Section § 5845.10
This law says that it doesn't change or reduce the power of Sacramento County or other entities managing the American River Parkway. The county, especially its Board of Supervisors, retains its authority to oversee the parkway according to the existing plan they have in place. The board also keeps its powers under other laws.
This chapter does not supersede or diminish the existing authority of any of the following:
(a)CA Public Resources Code § 5845.10(a) The County of Sacramento or any other entity responsible for the management, operation, maintenance, or protection of lands and resources within the American River Parkway.
(b)CA Public Resources Code § 5845.10(b) The Sacramento County Board of Supervisors acting as the Parkway Manager pursuant to its authority to interpret and implement the American River Parkway Plan.
(c)CA Public Resources Code § 5845.10(c) The board pursuant to other law.
American River Parkway Sacramento County management authority existing authority Parkway management County of Sacramento Sacramento County Board of Supervisors American River Parkway Plan resource management land protection government authority supervisory authority interpret and implement lawful authority Parkway operation
Section § 5845.2
This section provides definitions for terms used in the chapter concerning the management and conservation of the Lower American River area.
It outlines that 'Adjacent to' refers to areas downstream of the Nimbus Dam near the American River Parkway. An 'Advisory committee' is the group established under a specific section. The 'American River Parkway' extends from the Nimbus Dam to where the American River meets the Sacramento River, and the plan for it is defined in another section. The 'Board' is the Wildlife Conservation Board, and the 'Fund' refers to the Lower American River Conservancy Fund. A 'Nonprofit organization' is defined as one with IRS-recognized charitable purposes related to land, environment, or wildlife. The 'Parkway Manager' is the Sacramento County Board of Supervisors, and the 'Program' refers to the Lower American River Conservancy Program.
For purposes of this chapter, the following definitions apply:
(a)CA Public Resources Code § 5845.2(a) “Adjacent to” means downstream of the Nimbus Dam and next to or in the immediate vicinity of the American River Parkway.
(b)CA Public Resources Code § 5845.2(b) “Advisory committee” means the advisory committee established pursuant to Section 5845.4.
(c)CA Public Resources Code § 5845.2(c) “American River Parkway” means those portions of the area described in the American River Parkway Plan between the Nimbus Dam and the confluence of the American River with the Sacramento River.
(d)CA Public Resources Code § 5845.2(d) “American River Parkway Plan” has the same meaning as
in subdivision (a) of Section 5841.
(e)CA Public Resources Code § 5845.2(e) “Board” means the Wildlife Conservation Board established pursuant to Section 1320 of the Fish and Game Code.
(f)CA Public Resources Code § 5845.2(f) “Fund” means the Lower American River Conservancy Fund established pursuant to Section 5845.9.
(g)CA Public Resources Code § 5845.2(g) “Nonprofit organization” means a private, nonprofit organization, with nonprofit status acknowledged by the United States Internal Revenue Service, that qualifies under Section 501(c)(3) of the Internal Revenue Code, as amended, and that has among its principal charitable purposes the preservation, restoration, or interpretation of land for scientific, historic, educational, recreational, scenic, or open-space purposes, the protection of the natural environment or biological resources, or both, or the preservation or enhancement of wildlife, or both.
(h)CA Public Resources Code § 5845.2(h) “Parkway Manager” means the Sacramento County Board of Supervisors or its designee.
(i)CA Public Resources Code § 5845.2(i) “Program” means the Lower American River Conservancy Program established pursuant to Section 5845.3.
American River Parkway Nimbus Dam Sacramento River Lower American River Conservancy Fund Wildlife Conservation Board Advisory committee Nonprofit organization Parkway Manager Lower American River Conservancy Program confluence land preservation environmental protection wildlife enhancement 501(c)(3) organizations natural resources
Section § 5845.3
This law section establishes the Lower American River Conservancy Program that is responsible for managing funds from bonds or other financial sources to benefit the American River Parkway. The board running this program must focus on creating natural resource management plans and enhancing both public access to the Parkway and the protection and restoration of its lands.
(a)CA Public Resources Code § 5845.3(a) The board shall implement and administer the Lower American River Conservancy Program, which is hereby created to receive and expend proceeds from bonds or other appropriations made in the annual Budget Act or other statutes for the benefit of the American River Parkway and related lands.
(b)CA Public Resources Code § 5845.3(b) In administering the program, the board shall prioritize expending moneys to develop and implement a natural resource management plan and to improve access to, and protection and restoration of, the American River Parkway.
Lower American River Conservancy Program American River Parkway natural resource management plan public access improvement protection and restoration bond proceeds fund allocation land conservation annual Budget Act appropriations environmental preservation
Section § 5845.4
This law establishes an advisory committee for the American River Parkway. The committee includes members from the Sacramento County Board of Supervisors, the City of Sacramento, the City Council of Rancho Cordova, and representatives from various state agencies. It also includes three public members with expertise in the Parkway, appointed by the Governor and legislative leaders.
Members must hold relevant offices, and their membership ends if they leave such roles. The advisory committee does not compensate its members and must meet at least twice a year, with meetings open to the public under open meeting laws.
(a)CA Public Resources Code § 5845.4(a) The board shall establish an advisory committee consisting of the following members:
(1)CA Public Resources Code § 5845.4(a)(1) Three members of the Board of Supervisors of the County of Sacramento, selected by a majority vote of the board of supervisors, or their designees.
(2)CA Public Resources Code § 5845.4(a)(2) Two representatives of the City of Sacramento, which may include the Mayor and one member of the City Council of the City of Sacramento, or two members of the city council, selected by a majority vote of the city council, or their designees.
(3)CA Public Resources Code § 5845.4(a)(3) The Mayor or a member of the City Council of the City of Rancho Cordova, selected by a
majority vote of the city council, or his or her designee.
(4)CA Public Resources Code § 5845.4(a)(4) Representatives from the Natural Resources Agency, the Department of Finance, and the State Lands Commission.
(5)CA Public Resources Code § 5845.4(a)(5) Three members from the public at large who have a demonstrated knowledge of and expertise in the American River Parkway and the American River Parkway Plan. One member shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
(b)CA Public Resources Code § 5845.4(b) A person shall not continue as a member of the advisory committee if that person ceases to hold the office that qualifies that person for membership. In that event, the person’s membership on the advisory committee shall automatically terminate.
(c)CA Public Resources Code § 5845.4(c) Members of the advisory committee shall serve without compensation.
(d)CA Public Resources Code § 5845.4(d) The advisory committee shall meet at least twice each calendar year at one or more locations in the County of Sacramento.
(e)CA Public Resources Code § 5845.4(e) Meetings of the advisory committee shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
American River Parkway advisory committee Sacramento County Board of Supervisors City of Sacramento City of Rancho Cordova Natural Resources Agency Department of Finance State Lands Commission public members meeting requirements open meeting laws Bagley-Keene Open Meeting Act public transparency government appointments expertise in parkway management
Section § 5845.5
This law sets out the responsibilities of the board in managing a program related to the American River Parkway. First, the board must work with the County of Sacramento and other relevant local and state entities. Before funding any project, the board needs to confirm their actions align with the American River Parkway Plan by consulting with Sacramento County and preparing a detailed report on the decision.
The board is responsible for managing funds allocated to the program and supporting the development of natural resource management plans for the parkway. They can also give grants to local agencies and non-profits. When funding land acquisition projects, the board must ensure that the land titles are held by the County of Sacramento or another suitable public entity.
In implementing the program, the board shall do all of the following:
(a)CA Public Resources Code § 5845.5(a) Coordinate its activities with the County of Sacramento, each city that includes a portion of the American River Parkway, appropriate local and regional flood control districts, and relevant state agencies.
(b)CA Public Resources Code § 5845.5(b) Prior to approving funding for any project, do both of the following:
(1)CA Public Resources Code § 5845.5(b)(1) Consult with the County of Sacramento as to whether the board’s proposed actions pursuant to this chapter are consistent with the American River Parkway Plan.
(2)CA Public Resources Code § 5845.5(b)(2) Draft a staff
report that includes all findings, written comments, and reports submitted by the County of Sacramento and the Parkway Manager as to whether the board’s actions are consistent with the American River Parkway Plan.
(c)CA Public Resources Code § 5845.5(c) Administer any moneys appropriated to the board for the program or any revenues generated by the board pursuant to the program.
(d)CA Public Resources Code § 5845.5(d) Provide funding and assistance to the County of Sacramento for the development, update, adoption, and implementation of a natural resource management plan for the American River Parkway, and grants to other local agencies and nonprofit organizations whose projects are approved by the County of Sacramento for implementation of that plan.
(e)CA Public Resources Code § 5845.5(e) Prior to providing funding for any acquisition project within the American River Parkway, require and ensure that title to the lands to be acquired shall be held by the County of Sacramento or another local public entity willing to hold title to those lands.
American River Parkway board responsibilities Sacramento County coordination project funding approval American River Parkway Plan staff report requirements program funds administration natural resource management plan grant funding local agencies support nonprofit organization grants land acquisition requirements land title holding local public entity flood control coordination
Section § 5845.6
This law section allows the board to manage programs in line with the American River Parkway Plan. They can give grants to local agencies and nonprofits for various activities. These activities include acquiring and maintaining habitats, enhancing public access and recreational areas, improving educational facilities, and controlling invasive species. They can also enhance land within and near the parkway to support parkway values.
Additionally, the board can design and fund stormwater projects to improve water quality and increase habitat for wildlife. They are also authorized to seek donations and contributions for these purposes from different sources.
Consistent with the American River Parkway Plan, the board, in administering the program, may do any of the following:
(a)CA Public Resources Code § 5845.6(a) Provide grants to local public agencies and nonprofit organizations to be used for one or more of the following purposes:
(1)CA Public Resources Code § 5845.6(a)(1) The acquisition, restoration, enhancement, and maintenance of fish and wildlife habitat and other natural resources, including resources impacted by wildfire, within and adjacent to the American River Parkway. Any land acquisition funded pursuant to this paragraph shall be subject to subdivision (e) of Section 5845.5.
(2)CA Public Resources Code § 5845.6(a)(2) The improvement and expansion
of public access, recreational areas, and recreational facilities, including trails.
(3)CA Public Resources Code § 5845.6(a)(3) The enhancement of interpretive and educational facilities related to the American River Parkway and its natural, cultural, and historic resources.
(4)CA Public Resources Code § 5845.6(a)(4) The control and removal of invasive species and the propagation of native species.
(b)CA Public Resources Code § 5845.6(b) Improve and enhance lands within and adjacent to the American River Parkway. Projects funded on adjacent lands shall contribute to the advancement of American River Parkway values.
(c)CA Public Resources Code § 5845.6(c) Design, implement, and provide grants to local agencies and nonprofit organizations for stormwater capture and treatment projects to improve the quality of water that flows within and into the American River Parkway and to increase habitat for fish
and wildlife. Stormwater projects may include lands within and adjacent to the American River Parkway and its tributaries downstream of the Nimbus Dam and within Sacramento County.
(d)CA Public Resources Code § 5845.6(d) Solicit grants, donations of in-kind services, and other contributions from federal, state, and private sources for the purposes of this chapter.
American River Parkway local public agencies nonprofit organizations fish and wildlife habitat wildfire impact public access recreational facilities educational facilities invasive species control native species propagation stormwater capture water quality improvement land enhancement donations and contributions Nimbus Dam
Section § 5845.7
This law outlines what the board can't do when running its programs. They can't work on land projects without the landowner's permission. They also can't control land use without a written agreement with the landowner. The board is not allowed to impose taxes or special fees. It must also follow specific local preservation plans, like the American River Parkway Plan, when giving grants or making decisions. Lastly, the board is not allowed to own or buy land.
In administering the program, the board shall not do any of the following:
(a)CA Public Resources Code § 5845.7(a) Fund or implement projects on lands without the written consent of the landowner.
(b)CA Public Resources Code § 5845.7(b) Manage, regulate, or control the use of any land owned or leased by another public agency or private party, except as provided pursuant to a written agreement between that public agency or private party.
(c)CA Public Resources Code § 5845.7(c) Levy any tax or special assessment.
(d)CA Public Resources Code § 5845.7(d) Provide grants or take other actions that are inconsistent with the American River Parkway Plan, the Bushy Lake Preservation
Act (Chapter 9 (commencing with Section 5830) of Division 5), or the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5).
(e)CA Public Resources Code § 5845.7(e) Own or acquire land.
landowner consent land use control American River Parkway Plan Bushy Lake Preservation Act Urban American River Parkway Preservation Act tax prohibition special assessment grant restrictions land acquisition ban program administration written agreement public agency land private party land preservation compliance land project funding
Section § 5845.8
This law section suggests that, when possible, the board should prioritize projects that involve the California Conservation Corps or Community Conservation Corps. These are specific services detailed in another section (14507.5).
To the extent feasible, in administering the program, the board shall give preference to projects that utilize the services of the California Conservation Corps or Community Conservation Corps, as defined in Section 14507.5.
California Conservation Corps Community Conservation Corps project preference corps services board administration Section 14507.5 feasibility program management conservation projects service utilization environmental projects state workforce project prioritization environmental conservation corps involvement
Section § 5845.9
This law establishes the Lower American River Conservancy Program Fund in the State Treasury for specific conservation efforts. Money in this fund can be used for the program's activities, like capital improvements and land acquisition. The board in charge can accept funds, grants, goods, or services to assist the program, and these contributions go into a specific Donation Account within the fund. This Donation Account is continuously available for use, meaning the board doesn't have to wait for new fiscal year approvals to use these resources. Goods and services accepted can be directly used for conservation purposes as outlined by the program.
(a)CA Public Resources Code § 5845.9(a) The Lower American River Conservancy Program Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation, for the purposes of this chapter. Moneys received by the board pursuant to this chapter shall be deposited in the fund, unless otherwise provided by the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). The board shall administer the moneys appropriated to it for the program and may expend those moneys for capital improvements, land acquisition, support for the program’s operations, and other purposes consistent with this chapter.
(b)Copy CA Public Resources Code § 5845.9(b)
(1)Copy CA Public Resources Code § 5845.9(b)(1) The
board may accept money, grants, goods, or services contributed to it by a public agency or a private entity or person. Moneys received pursuant to this paragraph shall be deposited in the Donation Account, which is hereby established in the fund.
(2)CA Public Resources Code § 5845.9(b)(2) Notwithstanding Section 13340 of the Government Code, moneys in the account are hereby continuously appropriated, without regard to fiscal year, to the board for the purposes of this chapter.
(3)CA Public Resources Code § 5845.9(b)(3) Upon receipt of goods and services pursuant to paragraph (1), the board may use those goods and services for the purposes of this chapter.
Lower American River Conservancy Program program fund state treasury capital improvements land acquisition Donation Account public agency contributions private entity contributions continuously appropriated funds fiscal year exemption goods and services contributions program operations support State General Obligation Bond Law board administration conservation efforts
