State California Regulations TITLE 14. NATURAL RESOURCES DIVISION 3. DEPARTMENT OF PARKS AND RECREATION database is current through 08/11/06, Register 2006, No. 32. s 4300. Authority. All sections of Chapters 1 through 8 are adopted pursuant to Sections 5001.5, 5003 and 5008 of the Public Resources Code and apply to all units under control of the Department of Parks and Recreation unless otherwise indicated. (a) When it is necessary to refer to one or more units under control of the Department of Parks and Recreation by terms other than their classification, the terms "unit of the State Park System," "unit of the State Vehicular Recreation Area and Trail System," or simply "unit" will be used. (b) A title, where used, does not limit the language of a section. (c) These sections are severally adopted. If one or more of these sections is deemed invalid, the remaining sections are intended to remain in effect. Where a section herein or rule is amended or repealed, acts and omissions prior thereto may be prosecuted as though such section or rule had not been so amended or repealed. (d) Special regulations for an area or a subject do not preclude the application of general regulations unless expressly so indicated. (e) The privilege of any person to be present in any unit under control of the Department of Parks and Recreation is hereby expressly conditioned upon compliance by that person with all applicable laws and regulations. In addition to other penalties prescribed by law, violation of any law or regulation shall subject the violator to ejection from the unit in which the violation occurs. (f) This provision shall be enforced by peace officers having concurrent jurisdction in any unit in which a violation of regulations may take place. (g) Nothing contained herein shall be construed to authorize or prohibit any act or acts which are expressly authorized or prohibited by statute of the State of California or by ordinance of a governmental subdivision thereof with concurrent jurisdiction over a unit or units controlled by the Department of Parks and Recreation. Note: Authority cited: Sections 5000.5 and 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4301. Definitions. (a) "Department," as used herein, means the State Department of Parks and Recreation, having a headquarters in Sacramento, California. (b) "Director," as used herein, means Director of Parks and Recreation. (c) "Deputy Director of Off-Highway Motor Vehicles," means the person in charge of Division of Off-Highway Motor Vehicle Recreation. (d) Division Chief means the person in charge of an administrative area or division consisting of units and districts, under control of the Department of Parks and Recreation. (e) "District Superintendent" means the person in charge of an administrative district consisting of one or more units under control of the Department of Parks and Recreation. (f) "Person," as used herein, shall be construed to mean and include natural persons, firms, copartnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee. (g) "Nighttime," is any time from one-half hour after sunset to one-half hour before sunrise. (h) "Water-ski" means any aquaplane, water-ski, or any other device used, or which may be used, for carrying persons or property while being towed behind a boat. (i) Posting of Notices. The term "posted" as used herein, unless otherwise indicated, shall mean and require that the Department shall set aside at the district headquarters and at the unit affected and in a location convenient to the general public, a bulletin board or similar device upon which shall be posted all special instructions, orders, pertaining to units of the district including but not limited to special hours of operation, swimming and boating restrictions, hunting and camping restrictions, and special instructions pertaining to areas where activities are curtailed or restricted. Proof of posting shall be filed in the offices of the division chiefs or the Sacramento California Office of the Division of Off-Highway Motor Vehicle Recreation. (j) Special Events. Special Events are activities which are beyond the normal scope of activities and operations conducted in units under control of the Department of Parks and Recreation. Consistent with existing state policies and laws, District Superintendents may approve by permit a Special Event when it is found to be in the best interest of the Department of Parks and Recreation and is conducted by an appropriate sponsor at no net expense to the state. Special Event permits are required when fees are charged by the event sponsor beyond the regular State Park Facility Use Fees, when the Department has determined the event will create a greater potential hazard or liability to the State than incurred through typical operations, when the activity includes the exclusive use of an area within the park, when the activity interferes significantly with the public's use of an area, when additional staffing or staff time is required, or where items or services are sold. Special Event permits are required for any activity within the State Park System which meet any of these criteria, and which occur wholly or partially within or on any property owned, operated, or administered by the Department. Upon a finding by the District Superintendent that a special event is consistent with the unit's use, he/she may issue a Special Event permit for such use. The terms and conditions of such permit shall prevail where inconsistent with the rules herein when approved by the Division Chief, Chief of Off Highway Motor Vehicle Recreation Division or the District Superintendent. (k) Juveniles. The term juvenile as used herein shall be construed to mean any person under the age of 18 years. (l) "Aircraft" means any powered, unpowered, or towed device that is used or intended to be used to carry a person or persons in the air. (m) Beach. Unless the context otherwise requires, the use of the word "beach" herein means that portion of a unit under control of the Department of Parks and Recreation between the edge of a body of water, extending inland, to whichever comes first: a fence, a distinctive berm or cliff, a line of vegetation, or an officially erected sign specifically designating the boundaries of the beach. (n) Road. A road is that portion of a unit improved, designed, ordinarily used, or designated for vehicular travel, including vehicular trails within State Vehicular Recreation Area and Trail System. (o) Designate. Designate means to indicate, specify, or make recognizable by some mark, sign, or name. (p) Animals. An animal is any animate being which is endowed with the power of voluntary motion; animate being, not human. (q) Placing of Road Signs. The term "Placing of Road Signs," as used herein, means the placing of signs regulating the operation of motor vehicles, including, but not limited to, stop signs, yield signs, and speed limit signs, which is done in accordance with those instructions contained in section 21401 of the California Vehicle Code. (r) Placing of Vehicle Recreation Trail Signs. The term "Placing of Vehicle Recreation Trail Signs," as used herein, means the placing of signs regulating the operation of motor vehicles within the State Vehicular Recreation Area and Trail System which is done in accordance with section 38280 of the California Vehicle Code. (s) Facility. Facility means any structure or combination of structures, or any feature or entity modified by humans for human use. (t) Unit. Unit means any named and classified unit under control of the Department of Parks and Recreation, as well as any Department projects which have not yet been named or classified. (u) Camping is defined as: 1) erecting a tent or shelter or arranging bedding, or both, for purposes of, or in such a way as will permit, remaining overnight. 2) Use of houseboats or boats for the purpose of sleeping during the nighttime hours, whether anchored, moored or beached. 3) Use of any parked or standing vehicle for the purpose of sleeping during nighttime hours. (v) Rockhounding is defined as being the recreational gathering of stones and minerals found occurring naturally on the undisturbed surface of the land, including panning for gold in the natural water-washed gravel of streams. (w) Float Material is defined as materials only occurring naturally on the surface of the land. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 21401 and 38280, Vehicle Code. s 4302. Use of Facilities, Payment. No person shall use or be present in any portion of a unit under control of the Department of Parks and Recreation for which a use fee has been established by the Department, without paying such fee, with the exception of units which require payment of fees upon exit. This shall not apply to state officers and employees on official business nor to persons excepted by the Department for administrative reasons. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5010, Public Resources Code. s 4304. Aircraft. No person, using any aircraft, shall land, taxi on or take off from any body of water or from any portion of any unit if not specifically approved by the Department and the unit has been designated for landing of aircraft. No person shall parachute into, fly an unlicensed aircraft, ultralight vehicle, or hang glider over, or parasail or balloon over any State Park unit at an altitude of less than 500 feet unless authorized by the Department by posted order in accordance with section 4301(i). Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.7, Public Resources Code. s 4305. Animals. (a) Protection. No person shall molest, hunt, disturb, harm, feed, touch, tease, or spotlight any kind of animal or fish or so attempt. (b) No person shall injure, trap, take, net, poison, or kill, any kind of animal or fish, or so attempt, except that fish and bait may be taken, other than for commercial purposes in accordance with state laws and regulations. (c) Where hunting in a state recreation area or within the State Vehicular Recreation Area and Trail System or portion thereof is permitted by regulations herein, so much of this section as is inconsistent therewith shall be deemed inapplicable, provided hunting is conducted in the manner specified. (d) This section does not apply to activities undertaken by the Department in conjunction with its resource management activities. (e) Feeding. In units or portions thereof where posted in accordance with Section 4301(i), no person shall feed any wildlife or feral animal listed on such posting. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 5019.56, Public Resources Code. s 4306. Plants and Driftwood. (a) No person shall willfully or negligently pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn, or carry away any tree or plant or portion thereof, including but not limited to leaf mold, flowers, foliage, berries, fruit, grass, turf, humus, shrubs, cones, and dead wood, except in specific units when authorization by the Department to take berries, or gather mushrooms, or gather pine cones, or collect driftwood is posted at the headquarters of the unit to which the authorization applies. Any collecting allowed by authority of this section may be done for personal use only and not for commercial purposes. (b) No person may gather more than five pounds of such material except driftwood each day in the State Park System or State Vehicular Recreation Area and Trail System. (c) No person may gather more than 50 pounds or one piece of driftwood each day in the State Park System or State Vehicular Recreation and Trails System. (d) Use of tools, vehicles, and equipment for the collecting of driftwood is prohibited. (e) Upon a finding that it will be in the best interest of the Department of Parks and Recreation, the District Superintendent may, by posting, authorize the collection of driftwood from specified units on a temporary basis, either by the general public or by commercial operators, if necessary, in quantities, for purposes, and by means other than as specified by this section. (f) This section does not apply to activities undertaken by the Department in conjunction with its resource management activities. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5007.1, Public Resources Code. s 4307. Geological Features. (a) No person shall destroy, disturb, mutilate, or remove earth, sand, gravel, oil, minerals, rocks, paleontological features, or features of caves. (b) Rockhounding may be permitted as defined in Section 4301(v). Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4308. Archaeological Features. No person shall remove, injure, disfigure, deface, or destroy any object of archaeological, or historical interest or value. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4309. Special Permits. The Department may grant a permit to remove, treat, disturb, or destroy plants or animals or geological, historical, archaeological or paleontological materials; and any person who has been properly granted such a permit shall to that extent not be liable for prosecution for violation of the foregoing. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5008, Public Resources Code. s 4310. Litter. No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes, waste paper, cans, or other litter in a unit except in a receptacle designated for that purpose, and no person shall import any litter, or import and deposit any litter into or in any unit from other places. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.7, Public Resources Code. s 4311. Fire in Stoves, Smoking. No person shall (a) light, build, use, or maintain a fire within a unit except in a camp stove or a fireplace provided, maintained, or designated by the Department for such purpose. Portable camp stoves may be used in portions of units approved by the Department. (b) Fires shall at all times be maintained in a safe condition that does not threaten any person, natural or structural feature. (c) Upon a finding of extreme fire hazard by the Department no person shall smoke or build fires in portions of units other than those designated by the Department for such purposes. (d) This section does not apply to fire fighters or Department employees carrying out fire suppression or resource management activities approved by the Department. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4312. Control of Animals. (a) No person shall permit a dog to run loose, or turn loose any animal in any portion of a unit, except upon written authorization by the District Superintendent. (b) No person shall keep an animal in any unit except under his/her immediate control. (c) No person shall keep a noisy, vicious, or dangerous dog or animal or one which is disturbing to other persons, in any unit and remain therein after he/she has been asked by a peace officer to leave. (d) No person shall permit a dog or a cat to remain outside a tent, camper, or enclosed vehicle during the night. (e) No person shall bring a dog into, permit a dog to enter or remain, or possess a dog in units under control of Department of Parks and Recreation unless the dog is on leash of no more than six feet in length and under the immediate control of a person or confined in a vehicle. (f) No person shall bring a dog into, permit a dog to enter or remain, or possess a dog: 1) beyond the limits of campgrounds, picnic areas, parking areas, roads, structures or in posted portions of units except as provided elsewhere in this section. 2) on any beach adjacent to any body of water in any unit except in portions of units designated for dogs. (g) In state recreation areas open to hunting pursuant to Public Resources Code, Section 5003.1, dogs may be used to assist in hunting. Such dogs shall not be permitted to pursue or take any wildlife other than that being hunted. (h) Subsections e) and f) shall not apply to trained "seeing eye," "signal," or "service" dogs used to guide a physically impaired person there present, or dogs that are being trained to become "seeing eye," "signal," or "service" dogs. (g) Grazing. No person shall graze, herd or permit livestock to enter or remain inside a unit without specific written authorization of the Department, except for grazing by animals used for riding or packing under direct control of visitors or concessionaires. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 508, Public Resources Code. s 4313. Weapons and Traps. (a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, or device capable of injuring, or killing any person or animal, or capturing any animal, or damaging any public or private property, except in underwater parks or designated archery ranges where the Department of Parks and Recreation finds that it is in its best interests. (b) Nothing herein contained shall be construed in derogation of the use of weapons permitted by law or regulation and to be used for hunting in any unit, or portion thereof, open to hunting. (c) Firearms not having a cartridge in any portion of the mechanism, other unloaded weapons or devices such as traps, nets, and bows and arrows may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 5008, Public Resources Code. s 4314. Fireworks. (a) No person shall possess, discharge, set off, or cause to be discharged, in or into any portion of a unit any firecrackers, torpedoes, rockets, fireworks, explosives, or substances harmful to the life or safety of persons. (b) The Department may grant exceptions to this section for specified locations and periods of time upon finding that such activity will not endanger persons, property, or resources. (c) This section does not apply to explosives lawfully possessed or used under the direction of the Department. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4315. Grazing. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5008, Public Resources Code. s 4316. Commercial Filming. Except where authorized by the Department, no person shall photograph, videotape or film for commercial (profit and sale) purposes in any unit, or portion thereof, owned, operated or administered by the Department without a permit from the California Film Commission, pursuant to Government Code section 14998.8. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code. s 4317. Curfew. (a) The Department may from time to time by order declare curfew for juveniles in any unit or portion thereof upon a finding that conditions therein are such as to warrant special measures for the protection of juveniles and others and for the safety and welfare of the general public. (b) Such curfew order shall specify the hours thereof and the period therefor and shall be posted. (c) When curfew has been so ordered, no juvenile so prohibited shall during the effective period enter or remain therein, except as follows: (1) One who is accompanied by a parent or guardian. (2) One who is part of a group permitted to occupy a unit or portion thereof and who is supervised by at least one responsible adult for each fifteen juveniles. (3) One who is lawfully camping, having furnished to the Department written consent of and the full name, residence number, and telephone number of the juvenile's parent or guardian, with the inclusive dates for which permission is granted to camp at the unit involved. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4318. Peeping Toms. No person shall loiter, prowl or wander about a park restroom, shower or changing facility and peek into the doors and windows or other openings of such facilities when occupied, without visible or lawful business with the occupants thereof. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code. s 4319. Games and Recreational Activities. No person shall engage in games or recreational activities that endanger the safety of persons, property, resources, or interfere with visitor activities except as permitted by the Department. No person shall hold, sponsor, lead, or otherwise have control over a game or recreational activity occurring wholly or partially within or on any property owned, operated or administered by the Department without an approved Special Event permit if any of the criteria set forth in section 4301(j) apply. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4320. Peace and Quiet. To insure peace and adequate rest for visitors: (a) No person shall disturb others in sleeping quarters or in campgrounds between the hours of 10 p.m. and 6 a.m. daily. (b) No person shall, at any time, use outside machinery or electronic equipment including electrical speakers, radios, phonographs, televisions, or other devices, at a volume which is, or is likely to be, disturbing to others without specific permission of the Department. (c) No person shall operate an engine driven electric generator which emits sound which is, or is likely to be, disturbing to others between the hours of 8 p.m. and 10 a.m. without permission of the Department. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4321. Assembly. No person shall conduct or attend an assembly or public demonstration except by permission of the Department upon a finding that such activity would not substantially interfere with park use. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4322. Nudity. No person shall appear nude while in any unit except in authorized areas set aside for that purpose by the Department. The word nude as used herein means unclothed or in such a state of undress as to expose any part or portion of the pubic or anal region or genitalia of any person or any portion of the breast at or below the areola thereof of any female person. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4323. Equipment and Occupancy. (a) Arrangement and Numbers. The Department may specify the size, type, arrangement and use of recreational equipment and the number of persons permitted in any unit or portion thereof. No person shall otherwise introduce, keep, use, or arrange his/her equipment. No person shall otherwise exceed established occupancy limitations. (b) Food Storage. In units or portions thereof where posted in accordance with Section 4301(i), no person shall store food, lawfully taken fish or wildlife, garbage or equipment with food residue, other than in the sealed compartment of a vehicle incapable of being opened by wild animals, in a food storage unit designated by the Department, in accordance with posted instructions, or, in areas where bears are a problem, suspended at least ten (10) feet above any material that would support the weight of a bear and separated horizontally by at least four (4) feet from any post, tree trunk or other object. This restriction does not apply to food that is actively being carried, consumed or prepared for human consumption or pets. (c) No person shall erect, maintain, use, or occupy any temporary tent or shelter on any beach unless there is an unobstructed view through such tent or shelter from at least two sides, provided, however, that nothing herein contained shall be construed to authorize camping except as provided in Section 4451 hereof. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4324. Sanitation. (a) No person shall deposit waste, water, sewage or effluent from sinks, portable toilets, and other plumbing fixtures directly upon or into the surface of the ground or water. (b) No person shall deposit any body waste in or any portion of any comfort station or other structure except into fixtures provided for that purpose. (c) No person shall place any bottle, can, cloth, rag, metal, wood, paper, or stone substances in any plumbing fixture in such a manner as would interfere with the normal operation of such fixture. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4325. Prohibited Area. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4326. Violation of Posted Orders or Special Use, Special Event, Film or Collection Permit. No person shall (a) violate any provision of an order posted pursuant to the provisions of section 4301(i) hereof including, but not limited to, prohibited areas, use periods, no alcoholic beverage areas, no smoking areas and no parking areas, where posted in accordance with 4301(q), or, (b) violate any provision or restriction of a Special Use, Special Event, Film or Collection permit issued pursuant to these regulations. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4327. Use Periods. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4328. Alcoholic Beverages. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4329. Smoking. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4330. Pesticides. (a) No person shall disperse or otherwise apply any pesticide within any unit or portion thereof, whether to the air, water, ground, or vegetation, unless prior written approval has been obtained from the Department. (b) Exception is made in the instance of dispersal within enclosed buildings, tents, tent trailers, or within any vehicle or boat containing living or sleeping quarters, or the use outdoors within ten (10) feet of the table, stove, tent or food lockers, of hand-held finger-operated aerosol dispensers or hand-operated plunger-type dispensers with net contents not to exceed twenty (20) ounces and containing any of the following pesticides: Pyrethrine, Allethrin, Piperonyl butoxide, Malathion, DDVP (Dichlorves Vapona), Dibrom, Rotenone (Derrin, Cube Root). Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4331. Soliciting. No person shall solicit, sell, hawk, or peddle any goods, wares, merchandise, services, liquids, or edibles for human consumption or distribute circulars in any unit, except as permitted by the Department. Such prohibition shall include sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale or that effect park operations, facility use or visitor safety. Also included are sales activities which encroach on the sales rights of a vendor authorized to sell such products, or services pursuant to a concession contract with the Department. Note: Authority cited: Section 5003, Public Resources Code. Reference: Fresno Superior Court No. 348560-6; Sections 5001.65, 5008(a), 5019.10 and 5019.53, Public Resources Code. s 4332. Preparation of General Plan. After classification or reclassification of a unit, the Department shall obtain public comment and prepare a general plan. The general plan shall consist of a resource element, a land use element, a facilities element, and an operations element. In order that it shall act as a guide and constraint, the resource element will be prepared, made available for public comment, and approved by the Director before substantial work is done on the other elements of the plan. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5002.2, Public Resources Code. s 4333. Glass Containers. No person shall possess or use a glass container, bottle, jar, tumbler, or vessel of whatever nature, empty or not, where prohibited by order of the Department, except that persons may pick up glass containers left or discarded by others and remove or deposit same in an approved trash receptacle. Signs shall be posted at beaches and locations where glass containers are prohibited. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5008.7, Public Resources Code. s 4350. Reference to Vehicle Code. The provisions of the Vehicle Code relating to traffic upon highways shall be applicable to Departmental units except as provided by Departmental regulations in Title 14 herein, and such regulations contain the special conditions referred to in Section 21113 of the Vehicle Code. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 21113, Vehicle Code. s 4351. State Wilderness or Natural Preserve. No person shall drive, operate, leave, place, land, taxi, takeoff or stop a motor vehicle, motorboat or aircraft within the boundaries of a state wilderness or natural preserve. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.8, Public Resources Code. s 4352. Off-Highway Vehicles Hovercraft and Snowmobiles. No person shall operate an off-highway vehicle, hovercraft or snowmobile except in designated units or portions thereof. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.8, Public Resources Code and Section 23128, Vehicle Code. s 4353. Speed Limits. (a) In no event shall a vehicle be driven at a speed greater than 15 miles per hour in camps, picnic areas, utility areas, or headquarters areas or in areas where the general public assembles; (b) In all other areas the Department, based on the results of a traffic and engineering survey as defined in Section 627 of the California Vehicle Code may, by order, determine a speed limit. which shall be effective when appropriate signs are placed in accordance with Section 4301(q). All speed limit signs that are placed in accordance with Section 21401 of the California Vehicle Code in place on January 1, 1980, are hereby ratified and confirmed. until changed pursuant to engineering and traffic surveys; (c) In newly acquired or developed areas, the Department may establish a speed limit which will be in effect for a period not exceeding 120 days. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 21113 and 22350, Vehicle Code; Section 5001.8, Public Resources Code. s 4354. Dangerous Vehicle Operation. No person shall operate any vehicle, motor vehicle, off-highway vehicle, or bicycle negligently or willfully in such a manner as to pursue, harass, endanger, or injure any person or animal. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4355. Vehicle Operation. No person shall operate, drive, use, leave, park, place or stop a vehicle, except on a road or a parking area in any unit or a portion thereof, (a) or in violation of the condition, limitations, or restrictions in such unit or portion thereof; (b) or in violation of any regulation contained herein. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.8, Public Resources Code. s 4356. Removal of Vehicles and Vessels. Any peace officer having jurisdiction in any unit is authorized to cause the removal of a vehicle from a unit under the provisions of the Vehicle Code including, but not limited to, Section 22659, when such vehicle is parked or left standing in violation of the Vehicle Code or state park regulation contained in Title 14 herein, or has been left standing for 72 hours. (b) Any peace officer having jurisdiction or any property owned, operated or administered by the Department is authorized to cause the removal of a vessel from such property under the provisions of the Harbors and Navigation Code including, but not limited to, section 675(a)(1) when such vessel is left in violation of the Harbors and Navigation Code or title 14, division 3, chapter 2 of the California Code of Regulations. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code; Section 22659, Vehicle Code; Section 675(a)(1), Harbors and Navigation Code. s 4357. Vehicle Operators. (a) All individuals operating vehicles in any units shall be properly licensed. (b) The Department may authorize certain types of vehicles to be operated in units or portions thereof by other than licensed operators. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 12501, Vehicle Code. s 4358. Parking. The Department may, by posting of notices (4301(i) and (q)), prohibit or restrict the parking or standing of vehicles in units or portions thereof, during all or certain hours of the day. No such posting of notices shall apply until signs or markings giving adequate notice thereof have been placed. No person shall block or prevent access to a parking space that they do not lawfully occupy by the parking, standing, or stopping of a vehicle or placement of other objects, or any person. A person may lawfully occupy a parking place only through payment of fees or by being on Department business. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.8 and 5008, Public Resources Code. s 4359. Riding or Pack Animals. (a) No person shall ride, drive, lead, or keep a saddle or pack animal in a unit, or portion thereof, except on such roads, beaches, trails, or areas so designated by the Department. (b) No saddle or pack animal shall be hitched to any tree, shrub, or structure in any manner that might cause damage thereto. (c) No person shall ride any animal in a manner that might endanger life or limb of any animal, person or property; (d) No person shall allow their animal to stand unattended or insecurely tied. (e) All persons opening a closed gate shall close the same after passing through it. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4360. Bicycles, Operator Propelled Devices. No person shall operate an operator or gravity propelled device in any unit, or portion thereof, when the Department has issued an order prohibiting such activity. The Department may establish speed limits for units or portions thereof in which these devices are used. Speed limits will be posted. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4361. Aircraft. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.7, Public Resources Code. s 4400. Procedure, Concessions. Within ten (10) days after the Department of Parks and Recreation has issued a notice of intent to award a concession contract for a term in excess of two (2) years following a request for proposal or invitation to bid, any proposer/bidder may file a written statement of protest against awarding of the contract with the Director of the Department. The statement shall be signed by the protestor, shall specify the grounds for the protest and may include a demand for a hearing. A copy of the protest must be served on the Attorney General within the same ten-day period by the proposer/bidder. If a protest is timely served and a hearing is demanded, or if the Director on his or her own motion orders a hearing, proceedings shall be conducted according to the Administrative Procedure Act, and the protest statement shall be treated as a statement of issues. Any recommendation or decision of the hearing officer shall be submitted to the Director for approval, adoption, modification, disapproval or other interlocutory or final action. If a hearing is not so demanded or ordered, the action of the Director shall be final. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5080.03, Public Resources Code. s 4450. Sections Applicable Only to State Operated Units. All sections in Chapter 4 shall apply only to units operated by the Department of Parks and Recreation. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.10, Public Resources Code. s 4451. Camping. (a) No person shall camp, as defined in Section 4301(U), in any unit except in areas designated for that purpose. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4452. Number Occupying Campsites. (a) The number of vehicles and persons occupying a campsite shall not exceed two vehicles and eight persons; (b) the Department may authorize a greater or lesser number when facilities so warrant. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4453. Camping Fees Due. (a) Fees for the use of camping facilities are due and payable daily. (b) The fee covers use of camping facilities until the vacating time of 12:00 noon, of the following day. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5010, Public Resources Code. s 4454. Occupancy. (a) A campsite is considered occupied when it is being used or has been reserved and the campsite is officially posted or marked "occupied" either at the campsite or entrance station. (b) The person or persons by or for whom the daily use fee has been paid and the guests and invitees of such person or persons may occupy the campsite. (c) No person not authorized to occupy a campsite pursuant to subparagraph (a) and (b) of this section or pursuant to law, shall take or maintain possession or arrange camping equipment or park or stand a vehicle in a campsite marked occupied. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4455. Camping Time Limits. (a) General. Occupancy by the same persons, equipment, or vehicles of any camping facility is limited to a total of 30 days in any calendar year in that unit. The Department may establish shorter or longer limits of occupancy. (b) Shorter Limits. When the department has established shorter seasonal limits, no person (or persons) who have occupied a campsite for the established limit may reregister in the unit until the expiration of forty-eight (48) hours, from 12:00 noon of the checkout day to 12:00 noon of the second day following. Upon expiration of the established limit, the registered camper shall vacate the campsite of all persons, vehicles and equipment. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4456. Vacating. Occupants shall vacate the campsite by removing their person, vehicles and property therefrom prior to 12:00 noon if applicable use fee has not been paid or if time limit for occupancy has expired. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4457. One-Night Camping in Day Use Areas. The district superintendent may permit camping for one night only in a day use area or a portion thereof. Persons occupying a site for such camping shall vacate the same by 9 a.m. the following morning, shall be subject to such fees and vehicle limitations as the Department may establish, and shall be limited to the use of only such portions of the unit as the Department shall specify. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4458. Nighttime Closure. No person shall be present in any campground between the hours of 10 p.m. and 6 a.m. except as the lawfully registered occupant or for the lawful purpose of camping when campsites are available. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4460. Parking for Overnight Camping in Designated Coastal Beach Parking Areas. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code. s 4461. Coastal Beach Overnight Parking Areas. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code. s 4462. Definitions. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code. s 4463. Annual Permit Fee and Inspection. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code. s 4464. Self-Contained Vehicle Camping. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code. s 4500. Areas Open to Hunting, General Provisions. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003.1 and 5019.56, Public Resources Code. s 4501. Hunting Authorized. Hunting is authorized as follows: (a) Picacho State Recreation Area. There is opened to hunting annually from the opening day of dove hunting season through the closing day of duck or goose hunting season, whichever is later, as established by the State Fish and Game Commission, all lands except those portions described as follows: (1) That portion of Section 24, Township 13 South, Range 22 East, S.B.B.&M., lying east of the western line of Lot 2. (2) The northeast quarter of the northwest quarter; the north half of the southeast quarter of the northwest quarter; the northwest quarter of the northeast quarter; the west half of the northeast quarter of the northeast quarter; the northeast quarter of the northeast quarter of the northeast quarter; the north half of the southwest quarter of the northeast quarter; and the northwest quarter of the southeast quarter of the northeast quarter of Section 25, Township 13 South, Range 22 East, S.B.B.&M. (3) That portion of Section 19, Township 13 South, Range 23 East, S.B.B.&M., which lies west of the western line of Colorado Street as said street is shown on the map of the Town of Picacho filed April 24, 1897, in Book 1 of Maps, Page 2, Official Records of San Diego County. At all other times than from the opening day of the dove hunting season through the closing day of duck or goose hunting season, as established by the State Fish and Game Commission, the area shall be closed to hunting to accommodate visitors and insure their safety. (See 14 ADM C. 501, and 502(a) (1).) A map of the portions of the state recreation area opened to hunting shall be available at the state recreation area office for examination. (b) Hunting. Auburn State Recreation Area. Hunting is allowed with the following restrictions. Location: No hunting is allowed at the following locations: (1) All lands west of Highway 49. (2) The main body of Lake Clementine and adjacent lands within 150 yards of the lake, and within 150 yards of any access road, building, campground, or marina. (3) The Middle Fork of the American River and adjacent lands from the Highway 49 bridge upstream (east) to the upper end (inclusive) of the area known as Mammoth Bar. (4) The North Fork of the American River and adjacent lands from the Highway 49 bridge upstream to Clementine Dam. (5) All lands west of the intersection of the old and the new Auburn Foresthill roads. (6) All areas leased for grazing. Season: Hunting is only allowed during the regular hunting season established by the Fish and Game Commission between September 1 and January 31. Species: Deer, California Quail, dove and Bandtail Pigeon and turkey. Method: Only shotguns, rifles and bows and arrows may be used and only in compliance with all Fish & Game Commission Regulations. A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination. (c) Hunting, San Luis Reservoir State Recreation Area. There is opened to hunting annually from the opening day of hunting season for ducks or geese, whichever is earlier, to and including the closing day of said season, whichever is later, as established by the State Fish and Game Commission all lands except those portions described as follows: (1) In San Luis Reservoir: (a) San Luis Dam structure. (b) San Luis trash rack structure. (c) That portion of land lying between the basalt access road and the San Luis Reservoir water line, from the south end of the dam to and including the basalt boat ramp. (2) In O'Neill Forebay: (a) California aqueduct structure from where it enters O'Neill Forebay to the Recreation Area boundary. (b) O'Neill pumping plant structure. (c) O'Neill dam structure. (d) California aqueduct outlet from its mouth to the Recreation Area boundary. (e) All the land in the Mederios area bounded b O'Neill Forebay and Highways 207 and 152. (f) All land in the San Luis Creek area from a point on the waterline, 7,500 feet south of the north boundary of the Recreation Area: thence west to the west fence and projection of the fence line to O'Neill Forebay: thence easterly and northerly along the waterline to the point of beginning. (3) In Los Banos Creek Reservoir area. (a) Los Banos Dam structure and Vista Point. (b) The two campground areas and the posted adjacent shoreline on the north side of the reservoir. (4) In all areas for a distance of 300 feet beyond each and all of the above specifically described areas, but not extending beyond the State Recreation Area boundary. At all other times than from the opening day of such duck or goose hunting seasons, whichever is earlier, to and including the closing day of said hunting season, whichever is later as established by the State Fish and Game Commission, the area shall be closed to hunting to accommodate visitors and ensure their safety. (See 14 Cal. Adm. Code Section 502(a)(1).) A map of the portions of the state recreation area open to hunting shall be available at the State Recreation Area Office for examination. (d) Hunting. Providence Mountains State Recreational Area. There is opened to hunting within that portion described as follows: That parcel of land located in Township 10 North, Range 14 East, of the San Bernardino Base Meridian, San Bernardino County, California, more particularly described as follows: Beginning at the center west sixteenth corner in Section 8, thence in a southerly direction along the section line in Sections 8 and 17, thence to the center west sixteenth corner in Section 17, thence easterly along the quarter section line to the quarter corner common to Sections 16 and Section 17, thence northerly along the section line to the section corner common to Sections 8, 9, 16 and 17, thence easterly along the section line to the east-west sixty fourth center common to Sections 9 and 16, thence northerly along the sixty fourth section line 800 feet to a point, thence east 2,000 feet more or less to a road commonly known as the Old C and K Mine Road, thence in a generally easterly and southerly direction along said road 9,000 feet more or less to a fork in the road, thence along the southerly fork 600 feet more or less to the section line common to Sections 14 and 15, thence southerly along the section line approximately 1.7 miles to the quarter corner common to Sections 26 and 27, thence easterly in Section 26 along the quarter section line to the center-east sixteenth corner in Section 26, thence northerly along the sixteenth section line 2.5 miles more or less to the east sixteenth corner common to Sections 11 and 14, thence westerly 1.25 miles to the quarter corner common to Sections 10 and 15, thence northerly along the quarter section line to the center quarter corner of section 10, thence westerly approximately 2.5 miles along the quarter section line in Sections 10, 9, and 8, thence to the center-west sixteenth corner in Section 8, being the point of beginning of said parcel. Excepting therefrom all lands that are not under the control of the Department. (e) Hunting. Lake Oroville State Recreation Area. There is opened to hunting annually, between September 15 and January 31 only, during the regular hunting season, and during the spring turkey hunting season, as established by the State Fish and Game Commission, all lands except those portions described as follows: (1) West branch of the lake and adjacent lands upstream from the Highway 70 bridge. (2) The main body of the lake downstream from Foreman Point and downstream from the Bidwell Bar bridge. (3) Those areas known as Goat Ranch, Bloomer Primitive, Foreman Creek, Sycamore Creek and Craig Boat-in Campground. (4) Thermalito Forebay north and south and adjacent state recreation area lands. (5) Thermalito diversion reservoir and adjacent state recreation area lands. (6) Hunting will be prohibited within 300 yards of any designated campground, building or dock. Except during turkey hunting season in the spring, no hunting will be allowed during the period between February 1 through September 14, to accommodate other visitors and ensure their safety. (See Title 14 Cal. Adm. Code Section 502(a)(1).) A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination. (f) Hunting. Lake Perris State Recreation Area. There is opened to hunting annually during the regular seasons established by the State Fish and Game Commission, during the period September 1 through January 31, and with shotguns only, within those portions bounded by the Bernasconi Pass Road and a posted boundary to the lake shore; the lake shoreline northerly to a posted boundary to the Davis Road; the Davis Road easterly to the state recreation area boundary; and the state recreation area boundary southerly and westerly to the point of beginning at the Bernasconi Pass Road. That portion of the lake area posted with buoys to approximately 1556 contour line from the first ridge and the lake shoreline northerly of the Bernasconi Pass Road, northerly to an outcropping of rocks and posted with buoys on the east shoreline located approximately on a bearing of north 70 degrees east from the top of Alessandro Island. A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination. (g) Hunting. Harry A. Merlo State Recreation Area. There is opened to hunting annually during the regular waterfowl hunting season, as established by the State Fish and Game Commission, all lands in the Harry A. Merlo State Recreation Area at or below the 20 foot elevation contour. Possession of a loaded firearm will be illegal within the unit at all elevations above 20 feet at all times. A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination. (h) Hunting. Franks Tract State Recreation Area. There is opened to waterfowl hunting annually from the opening day of hunting season for ducks and geese, whichever is earlier, to and including the closing day of this season, whichever is later as established by the Fish and Game Commission, in all of Franks Tract State Recreation Area, except the 330 acre island known as Little Franks Tract, which is bounded on the south and west by Piper Slough, on the North by False River, and on the east by the open water portion of Franks Tract State Recreation Area; also excepting that portion of Franks Tract State Recreation Area lying southwest of the following line: beginning at a point on Little Franks Tract, 2,000 feet north of Piper Slough, thence southeast 2,000 feet east of Piper Slough levee to the junction of Holland Island levee. A map of the portions of Franks Tract State Recreation Area open to hunting shall be available at the Delta District office at Brannan Island State Recreation Area for examination. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003.1, 5017, 5019.5 and 5019.56, Public Resources Code. s 4502. Prohibition of Taking Game Not Regulated or Protected by Statute Where Hunting Is Permitted. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5001.65, 5003 and 5008, Public Resources Code. s 4503. Hunting. Auburn State Recreation Area. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. s 4504. Hunting, San Luis Reservoir State Recreation Area. Note: Authority cited: Section 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. s 4505. Hunting, Providence Mountains State Recreation Area. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. s 4506. Hunting, Lake Oroville State Recreation Area. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. s 4507. Hunting, Lake Perris State Recreation Area. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. s 4508. Hunting, Harry A. Merlo State Recreation Area. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. s 4509. Hunting, Franks Tract State Recreation Area. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. s 4600. Hearst San Simeon State Historical Monument. (a) Tours. All visitors shall remain with the designated guide; and no person shall depart from the route of tour as designated by the guide, or stray without permission of such guide or his/her superiors into areas prohibited to visitors and so marked. (b) Handling Objects. No person other than officers or employees of the Department in the course of duty shall touch, handle, or move any object or exhibit. (c) Food and Beverages. No person shall possess, carry, or consume food or beverages on the route of tour or in any vehicle on such route. (d) Photographs and Cameras. No photography is to interfere with scheduled tours, and the time limits allotted them. No photographer is to leave the tour route, use any kind of artificial light, tripod, or set any equipment down on any surface without permission from the Department. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5008 and 5019.59, Public Resources Code. s 4600.1. Tours. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4600.2. Handling Objects. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4600.3. Food and Beverages. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4600.4. Smoking. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4600.5. Dogs or Pets. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4600.6. Photographs and Cameras. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4601. Torrey Pines and Point Lobos State Reserves, and Penasquitos Marsh Natural Preserve. All sections shall apply to all upland areas of Torrey Pines State Reserve which areas are defined as all portions of the reserve lying on the southwest and northeast sides of Soledad Valley above the 20 foot elevation contour, and to all of the Penasquitos Marsh Natural Preserve. No person shall: (a) Picnic anywhere in the reserve except where designated by the District Superintendent. (b) Leave designated trails that are so posted. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4601.1. Torrey Pines State Reserve. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4601.2. Penasquitos Marsh Natural Preserve. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5019.71, Public Resources Code. s 4602. Point Lobos State Reserve. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code. s 4603. Angel Island State Park. (a) No person shall land a ship or boat on said park other than at a dock or place designated by the District Superintendent. No person shall so land when such dock or place is occupied, or when the District Superintendent forbids landing because he/she has determined that the facilities of the unit are full, or after local closing hours. No person shall enter said unit other than by ship or boat, or by swimming ashore, or from a ship or boat lying offshore. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4604. Carrizo Impact Area. The Carrizo Impact Area is hereby closed to the general public pending the accomplishment of decontamination procedures. The Carrizo Impact Area herein referred to is all that real property in the County of Imperial, State of California, more particularly described as follows: The south half and south half of the north half of Sections 8, 9, and 10; and all of Sections 15, 17, 20, to 29 inclusive and 32, 33, 34, and 35, Township 14 South, Range 9 East, S.B.B.&M. and Sections 1, 2, 3, 4, 5, 6, 10 to 15 inclusive, the east half and all of lots 5, 6, 7, 8, 9, 10, 11, 13, 15, 16, 17, 18, 19, 20, 30, 31 and 32 of Section 7 and east half and Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of Section 18, east half and east half of west half and Lots 1, 2, 3, 4, in Section 16; north half, north half of south half, southeast quarter of southwest quarter, south half of southeast quarter, and Lot 1 of Section 9; Lots 1, 2, 3, 4, 5, 6, and 7 of Section 17, Township 15 South, Range 9 East, S.B.B.&M. Said area is further described and delineated on that map entitled "Carrizo Closure Map" filed in the director's office and posted in the office of the District Superintendent of Anza-Borrego Desert State Park. No person shall during the effective period of this regulation enter the Carrizo Impact Area; provided, however, that personnel of the armed forces of the United States may enter for the purposes of decontamination and ordnance disposal; provided, further, that public officers of the United States, of the state, and of other public agencies and their employees, contractors, and agents, may enter for a public purpose only on prior permission in writing by the district superintendent on such terms and conditions as may be prescribed; and provided, further, that nothing herein contained shall be construed in derogation of any right therein heretofore by instrument duly granted. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 506, 546, 5003 and 5008, Public Resources Code. s 4605. Lake Elsinore State Recreation Area. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.56, Public Resources Code. s 4605.1. Lake Elsinore State Recreation Area. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5019.56, Public Resources Code. s 4605.2. Construction. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5019.10, Public Resources Code. s 4605.3. Traffic Patterns. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4605.4. Ski Tow Rope. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4605.5. Towed Equipment. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4605.6. Sailboats. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4606. Lake Natoma. Folsom Lake State Recreation Area. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 506, 546, 5003 and 5008, Public Resources Code. s 4607. Benbow Lake State Recreation Area. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4608. Mt. San Jacinto State Wilderness. (a) At no time shall the number of persons camping in the state wilderness exceed 400. (b) No person shall enter Mt. San Jacinto State Wilderness without first obtaining the required permit. Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5001.5, 5003, 5008, 5017 and 5019.5, Public Resources Code. s 4609. Pismo Dunes State Vehicular Recreation Area. (a) Unless provided for in these provisions, all of the provisions of the California Vehicle Code apply to Pismo Dunes State Vehicular Recreation Area, CVC21113. (b) Vehicles. All vehicles shall be registered under the provisions of the California Vehicle Code, Sections 4000 or 38010 and may operate as follows: (1) The boundaries of such vehicle use shall be designated by the District Superintendent as shown on a map posted at the unit. (2) The towing by a vehicle of any object other than another vehicle or trailer is prohibited. (3) All Off-Highway vehicles registered under California Vehicle Code Section 38010 or other vehicles primarily operated for Off-Highway Vehicle activities shall be equipped with a whip, which is any pole, rod or antenna, that is securely mounted on the vehicle and which extends at least eight (8) feet from the surface of the ground when the vehicle is stopped. When the vehicle is stopped, the whip shall be capable of standing upright when supporting the weight of any attached flags. At least one whip attached to each vehicle shall have a solid red or orange colored safety flag with a minimum size of six (6) inches by twelve (12) inches and be attached within ten (10) inches of the top of the whip. Flags may be of pennant, triangle, square, or rectangular shape. Club or other flags may be mounted below the safety flag or on a second whip. (4) When a vehicle is operated in the dunes area, which is that land area extending from the first line of sand dunes inland outside Pismo Dunes Natural Preserve, the vehicle shall have additional equipment as follows: Each vehicle, except two, three and four wheeled cycles, shall be equipped with adequate roll bars or roof structure of sufficient strength to support the weight of the vehicle and shall have a secure seat and seat belt for the vehicle operator and each passenger. Seat belts shall be as specified in the California Vehicle Code. Note: Authority cited: Section 5003 and 5008, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code; and Sections 4000, 21113 and 38010, Vehicle Code. s 4609.1. Vehicles. Note: Authority cited: Sections 5003 and 5088, Public Resources Code. Reference: Sections 5001.65, 5001.8, 5003 and 5008, Public Resources Code; and Section 21113, Vehicle Code. s 4609.2. Drivers' Licenses. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 12501, Vehicle Code. s 4609.3. Drivers' Licenses, Off-Highway Units. Note: Authority cited: Section 5003, Public Resources Code. Reference:Section 12501, Vehicle Code. s 4610. Drivers' Licenses, Off-Highway Units. Unlicensed drivers may operate a vehicle in off-highway division units as follows: (a) The unlicensed driver shall be accompanied and supervised at all times by a licensed driver who must be in, on, or about the vehicle being operated. The licensed driver supervising shall supervise not more than three (3) unlicensed drivers at any one time. (b) The unlicensed driver must be capable of operating all vehicle control mechanisms and is prohibited from operating a vehicle during night-time hours or outside the designated off-highway vehicle area. Note: Authority cited: Section 5003, Public Resources Code. Reference:Section 12501, Vehicle Code. s 4610.1. Units Open for Rockhounding. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5008, Public Resources Code. s 4610.2. Commercial Use. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.65, Public Resources Code. s 4610.3. Maximum Take. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.65, Public Resources Code. s 4610.4. Disturbing Land. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4610.5. Use of Tools. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4610.6. "Float" Materials. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4610.7. Areas for Swimming and Boating. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4610.8. Areas Limited for Collecting. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4610.9. Indian Artifacts. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4610.10. Panning for Gold. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4611. Rockhounding. (a) Rockhounding is authorized by Section 5001.65 of the Public Resources Code. (b) Units and portions thereof (o)pen for Rockhounding will be posted in accordance with Section 4301(i). (c) Commercial Use. Rocks or mineral specimens gathered within a unit may not be sold or used commercially for the production of profit. (d) Maximum Take. One person may gather, in one day in one unit, not more than 15 pounds of mineralogical material or not more than one specimen plus 15 pounds of mineralogical material. (e) Use of Tools. Tools, except goldpans to be used in gold panning, may not be used in rockhounding within a unit. (f) Areas for Swimming and Boating. In state recreation areas rockhounding may not be practiced in areas designated for swimming or for boat launching. (g) Areas Limited for Collecting. In state recreation areas rockhounding is limited to beaches which lie within the jurisdiction of the Department and within the wave action zone on lakes, bays, reservoirs, or on the ocean, and to the beaches or gravel bars which are subject to annual flooding on streams. (h) Indian Artifacts. Rockhounding in a unit specifically does not include the gathering of Indian arrowheads, Indian stone tools, or other archeological specimens, even when such specimens may be found occurring naturally on the surface. (i) Panning for Gold. Panning for gold is considered to be "rockhounding" as the term is applied in the Department. The goldpan is the only exception permitted to the exclusion of tools from rockhounding in a unit as provided in Section 4610.5. Muddy water from panning operations must not be visible more than 20 feet from the panning operation. Note: Authority cited: Sections 5001.65 and 5003, Public Resources Code. Reference: Section 5001.65, Public Resources Code. s 4612. Crystal Cove Historic District. No person shall repair, alter, modify, add to, or reduce any structure within the "Historic District" of Crystal Cove State Park without first obtaining a permit from the Department. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4613. California State Railroad Museum. The California State Railroad Museum, for the purposes of this section, includes the Museum of Railroad History Building, the Big Four Building, the Central Pacific Passenger Station, Central Pacific Freight Depot, and the train equipment operated by the Museum. (a) Carrying Capacity. Except as authorized by the Department, no person or groups shall enter a Museum facility when notified by staff or posted at the museum entrances that the facility is currently occupied by the number of persons or groups established as the appropriate carrying capacity. (b) Photography. No person shall use photographic equipment or techniques when informed by staff or posted notice that their use is prohibited. (c) Artifacts and Exhibits. Except as authorized by the Department, no person shall touch, handle or move any artifact, museum object or exhibit. (d) Climbing. Except as authorized by the Department, no person shall climb on any object or exhibit. (e) Food and Drink. Except as authorized by the Department, no person shall possess, carry or consume food or beverage within any facility, building or equipment. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code. s 4613.1. Carrying Capacity. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, public Resources Code. s 4613.2. Photography. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code. s 4613.3. Artifacts and Exhibits. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code. s 4613.4. Climbing. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code. s 4613.5. Food and Drink. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code. s 4613.6. Dogs and Pets. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code. s 4650. Swimming. No person shall swim in areas prohibited for swimming. Such areas shall be designated by the posting of notices. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4651. Swimming Areas. No person shall operate any boat or ride, pull or tow any aquaplane or water-ski or any other device within any designated swimming area or within fifty (50) feet of the existing boundary of any designated swimming area or boundaries which are marked by buoys placed fifty (50) feet apart and the area posted on shore by signs. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4652. Floating Devices. No person shall use, operate, or bring into an open zone, floating devices such as rubber crafts, surfboards, surfmats, buoys, kites, experimental crafts, or any other floating device other than those approved boats, aquaplanes or water-skis and related equipment. The Department may permit the use of certain unauthorized floating devices in open zones on occasions where traffic is such as to render them safe and during special events, games, tests, or experiments. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4653. False Drowning Alarm. No person shall give or transmit a false signal or a false alarm of drowning in any manner or mode. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4654. Surf-Riding. No person shall engage in surf-riding in an area where so prohibited and posted. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4656. Diving. No person shall dive in any unit of the State Park System. As used in this section, dive means to plunge from any height, especially, but not limited to, head first into water. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4657. Launching Areas. No person shall launch or beach a boat or weigh anchor or cast off when the Department has by posting an order prohibiting the same. Such orders shall prescribe the time and area in which effective. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4658. Boat Speed Limits. No person shall operate a boat in a unit at speeds in excess of that posted. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4659. Operating Boats During Nighttime. Where night boating is authorized, no person shall operate a boat at speeds in excess of five (5) nautical miles per hour. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4660. Vessels. (a) No person shall beach, land, launch, moor, dock or berth a vessel, boat, or any other object overnight except in areas so designated and posted by the area manager. (b) The Department may, by posting of an order, specify locations, conditions, and limitations for the beaching, landing, launching, mooring, docking, or berthing of a vessel, boat, or any other object. No such posting of notice shall apply until signs or markings giving notice thereof have been placed. (c) Beached or abandoned vessels, boats, or any other objects are to be removed by the registered owner from Departmental property within twenty-four (24) hours of notification. The last registered owner of record is responsible and is thereby liable for the cost of removal and disposition of the vessel, boat, or other object beached or abandoned. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5005.6 and 5008, Public Resources Code. s 4661. Disposal of Waste from Boats. Any boat must be so constructed or equipped that all wastes, including but not limited to shower water and human waste, are discharged into a holding tank. Such wastes shall only be discharged in onshore disposal facilities. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4662. Inspections. (a) A State Park Peace Officer or Peace officer with concurrent jurisdiction may inspect any vessel or boat at any time for compliance with all applicable laws, rules, and/or regulations. Any person who refuses to allow such inspection shall immediately remove his/her vessel from the waters of the state park system. (b) No boat shall remain launched or in continuous use in the state park system for more than 30 days except by concession granted. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.96 and 5008, Public Resources Code. s 4663. Erection of Tent. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4664. Underwater Activities. No person shall: (a) Enter an underwater park unit or scenic or scientific reserve other than through an established water entry point. (b) As used in this section, underwater activities shall mean engaging in activities beneath the surface of the water. Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008, 5019.50 and 5019.53, Public Resources Code. s 4665. Power-Driven Vessel Operator. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4700. Runaway Snow Skis. No person shall engage in downhill snow skiing in a state park without an Arlberg strap, long thong, a nylon cord, or adequate device to prevent runaway skis. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4701. Designated Winter Sports Areas. No person shall use or operate a toboggan, sled, tow rope, snow disc, or vehicle adapted to travel in or over snow, or ski, or construct, use, or operate a ski lift or tramway or machinery incidental to any of the foregoing, except in areas as designated by the Department. Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code. s 4725. Definitions. (a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management. (b) "Small Business" means a firm that complies with the provisions of Government Code Section 14837. (c) "Director" means the Director of the Department of Parks and Recreation or the Director's designee authorized to act on his or her behalf. (d) "Department" means the Department of Parks and Recreation. (e) "Architectural, landscape architectural, engineering, environmental, land surveying services" and "construction project management" means those services, as defined in Section 4525 of the Government Code. (f) The terms "minority business enterprise" and "women business enterprise" shall have the respective meanings set forth in Section 10115.1 of the Public Contract Code. (g) The term "disabled veteran business enterprise" shall have the meaning set forth in Section 999 of the Military and Veterans Code. Note: Authority cited: Section 4526, Government Code. Reference: Sections 4525 and 4526, Government Code. s 4726. Selection Criteria. The Director shall utilize selection criteria for each proposed project which will comprise the basis for the selection of eligible firms to perform the required services. The criteria are to include such factors as: (a) Professional experience of the firm in performing services of similar nature. (b) Quality and relevance of recently completed or ongoing work. (c) Reliability, continuity, and location of firm to the project site. (d) Staffing capability. (e) Education and experience of key personnel to be assigned. (f) Knowledge of applicable regulations and technology associated with the services required. (g) Specialized experience of the firm in the services to be performed. (h) Participation as small business firm. (i) Other factors the Director deems relevant to the specific task to be performed. These factors shall be weighed by the Director according to the nature of the proposed project, the complexity and special requirements of the specific services, and the needs of the Department. Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.5, Government Code. s 4727. Announcement of Project. (a) A statewide announcement of each proposed project shall be published in the California State Contracts Register, in accordance with the Government Code (commencing with Section 14825), and in the publications of the respective professional societies. Failure of any professional society to publish the announcement shall not invalidate any contract. (b) The announcement for each proposed project shall include, at a minimum, a brief description of the services required, location, duration, eligibility and preferences, submittal requirements, contact person for the Department, and the final response date for receipt of statements from firms of their demonstrated competence and professional qualifications. (c) The Director shall identify potentially qualified small business firms interested in contracting with the Department, and shall provide copies of project announcements to those small business firms that have indicated an interest in receiving the announcements. Failure of the Director to send a copy of an announcement to any firm shall not invalidate any contract. Note: Authority cited: Section 4526, Government Code. References: Sections 4526 and 4527, Government Code. s 4728. Selection of Qualified Firms. (a) After the expiration of the final response date in the published project announcement, the Director shall review and evaluate the written statements of demonstrated competence and professional qualifications using the selection criteria contained in Section 4726, and rank, in order of preference, the firms determined as eligible to perform the required services. (b) The Director shall conduct discussions with at least the three most eligible firms, or a lesser number if fewer than three eligible firms have responded, about anticipated concepts and the benefit of alternative methods for furnishing the required services. From the firms with which discussions are held, the Director shall select, in order of preference, not less than three firms, or lesser number if fewer than three eligible firms responded, deemed to be the most highly qualified to perform the required services. Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code. s 4729. Estimate of Value of Services. (a) Before entering into discussion with any firm selected pursuant to Section 4728, the Director shall direct the Department staff to prepare an estimate of the value of the proposed project, based upon accepted rates for comparable services. The estimate will serve as a guide in determining fair and reasonable compensation in the negotiation of a satisfactory contract in accordance with the provisions of Section 4731, and shall not be disclosed until award of the contract or abandonment of the negotiation process for the services to which it relates. (b) At any time the Director determines the Department's estimate to be unrealistic for any reason, the Director shall require the estimate to be reevaluated and, if deemed necessary, modified. Note: Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code. s 4730. Statewide Participation Goals. In the negotiation of a satisfactory contract as provided in Section 4731, the best qualified firm must meet the statewide participation goals for disabled veteran, minority and women business enterprises of not less than 3 percent for disabled veteran business enterprises, not less than 15 percent for minority business enterprises, and not less than 5 percent for women business enterprises, or demonstrate that a good faith effort was made to meet them. The best qualified firm shall comply with the statewide participation goals as required by the regulations contained in Title 2, California Code of Regulations, Sections 1896.61-1896.67 and 1896.90-1896.96. Note: Authority cited: Section 4526, Government Code; Section 10115.3, Public Contract Code; and Section 999.5, Military and Veterans Code. References: Section 4528, Government Code; Sections 10115, 10115.1, 10115.2 and 10115.3, Public Contract Code; and Sections 999, 999.1, 999.2, 999.3, 999.4 and 999.5, Military and Veterans Code. s 4731. Negotiation. (a) From among the firms selected in Section 4728, as most highly qualified to perform the services required, the Director shall attempt to negotiate a satisfactory contract with the best qualified firm at a compensation which the Department determines is fair and reasonable. (b) If the Director is unable to negotiate a satisfactory contract with the best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the second best qualified firm. If unable to negotiate a satisfactory contract with the second best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the third best qualified firm. If unable to negotiate a satisfactory contract with the third best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated. (c) Where the Director is unable to negotiate a satisfactory contract in accordance with subsections (a) and (b), the Director shall continue the negotiations process with the remaining qualified firms, if any, in order of preference, until a satisfactory contract is reached. If unable to negotiate a satisfactory contract with any of the qualified firms, the Director shall abandon the negotiation process for the required services. Note: Authority cited: Section 4526, Government Code. References: Sections 4527 and 4528, Government Code. s 4732. Amendments. Where the Director determines that a change in the contract is necessary during the performance of the services, the parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the general terms, conditions and specifications for the services involved, with a reasonable adjustment in the firm's compensation. Note: Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code. s 4733. Contracting in Phases. Where the Director determines it is necessary or desirable for a project to be performed in separate phases, the Director may negotiate a partial compensation for the initial phase of the services required; provided, however, the Director first determines that the firm selected is best qualified to perform the entire project. The contract shall include a provision that the Department may, at its option, utilize the firm to perform other phases of the services at a compensation which the Department determines is fair and reasonable, to be later negotiated and included in a mutual written agreement. In the event that the Department exercises its option under the contract to utilize the firm to perform other phases of the project, the procedures of this Chapter, regarding estimates of value of services and negotiation shall be followed. Note: Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code. s 4734. Director's Power to Require Bids. If the Director determines that the services are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract shall be awarded on the basis of competitive bids and not the procedures of this Chapter. Note: Authority cited: Section 4526, Government Code. References: Section 4529, Government Code. s 4735. Unlawful Considerations. Each contract shall include a provision by which the firm warrants that the contract was not obtained or secured through rebates, kickbacks or other unlawful considerations either promised or paid to any Department employee. Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the Department under the default provision of the contract. Note: Authority cited: Section 4526, Government Code. References: Section 4526, Government Code. s 4736. Prohibited Relationships. No Department employee who participates in the evaluation or selection process leading to award of a contract shall have a relationship with any of the firms seeking that contract, if that relationship is subject to the prohibition of Government Code Section 87100. Note: Authority cited: Section 4526, Government Code. References: Sections 4526, 87100 and 87102, Government Code. s 4751. State Parks. In the interest of the public, the following units in the State Park System are classified in the category of State Parks, as provided in Section 5019.53 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend or modify this section as may from time to time hereafter be necessary and proper: Ahjumawi Lava Springs State Park Andrew Molera State Park Angel Island State Park Annadel State Park Anza-Borrego Desert State Park Big Basin Redwoods State Park Border Field State Park Bothe-Napa Valley State Park Burton Creek State Park Butano State Park Calaveras Big Trees State Park Castle Crags State Park Castle Rock State Park Caswell Memorial State Park China Camp State Park Chino Hills State Park Clear Lake State Park Crystal Cove State Park Cuyamaca Rancho State Park D. L. Bliss State Park Del Norte Coast Redwoods State Park Donner Memorial State Park Emerald Bay State Park Forest of Nisene Marks State Park, The Fremont Peak State Park Gaviota State Park Grizzly Creek Redwoods State Park Grover Hot Springs State Park Hendy Woods State Park Henry Cowell Redwoods State Park Henry W. Coe State Park Humboldt Lagoons State Park Humboldt Redwoods State Park Jedediah Smith Redwoods State Park Julia Pfeiffer Burns State Park MacKerricher State Park Malibu Creek State Park McArthur-Burney Falls Memorial State Park Mendocino Headlands State Park Montana de Oro State Park Morro Bay State Park Mount Diablo State Park Mount San Jacinto State Park Mount Tamalpais State Park Palomar Mountain State Park Patrick's Point State Park Pfeiffer Big Sur State Park Placerita Canyon State Park Plumas-Eureka State Park Point Mugu State Park Portola State Park Prairie Creek Redwoods State Park Red Rock Canyon State Park Richardson Grove State Park Robert Louis Stevenson State Park Russian Gulch State Park Saddleback Butte State Park Salt Point State Park Samuel P. Taylor State Park San Bruno Mountain State Park Sinkyone Wilderness State Park Sugar Pine Point State Park Sugarloaf Ridge State Park Tomales Bay State Park Topanga State Park Van Damme State Park Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5019.50 and 5019.53, Public Resources Code. s 4752. State Reserves. In the interest of the public, the following units in the State Park System are classified in the category of State Reserves, as provided in Section 5019.65 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper: Armstrong Redwoods State Reserve Ano Nuevo State Reserve Antelope Valley California Poppy Reserve Azalea State Reserve Caspar Headlands State Reserve John Little State Reserve Jug Handle State Reserve Knowland State Arboretum and Park Kruse Rhododendron State Reserve Los Angeles State and County Arboretum Los Osos Oaks State Reserve Mailliard Redwoods State Reserve Mono Lake Tufa State Reserve Montgomery Woods State Reserve Point Lobos State Reserve Smithe Redwoods State Reserve Torrey Pines State Reserve Tule Elk State Reserve Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5019.50 and 5019.65, Public Resources Code. s 4753. State Recreation Units. In the interest of the public the units listed below in the State Park System and the State Vehicular Recreation Area and Trail System are classified in the categories named, as provided in Section 5019.56 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper: (a) State Recreation Areas. Admiral William Standley State Recreation Area Auburn State Recreation Area Austin Creek State Recreation Area Baldwin Hills State Recreation Area Benbow Lake State Recreation Area Benicia State Recreation Area Bethany Reservoir State Recreation Area Brannan Island State Recreation Area Candlestick Point State Recreation Area Castaic Lake State Recreation Area Colusa-Sacramento River State Recreation Area Durham Ferry State Recreation Area Exposition Multi-Cultural Center State Recreation Area Folsom Lake State Recreation Area Franks Tract State Recreation Area Fremont Ford State Recreation Area George H. Hatfield State Recreation Area Harry A. Merlo State Recreation Area Kings Beach State Recreation Area Lake Del Valle State Recreation Area Lake Elsinore State Recreation Area Lake Oroville State Recreation Area Lake Perris State Recreation Area McConnell State Recreation Area Millerton Lake State Recreation Area Otterbein State Recreation Area Picacho State Recreation Area Providence Mountains State Recreation Area Pyramid Lake State Recreation Area Salton Sea State Recreation Area San Luis Reservoir State Recreation Area (including Los Banos Creek) Silverwood Lake State Recreation Area Standish-Hickey State Recreation Area Tahoe State Recreation Area (including William B. Layton Park) Turlock Lake State Recreation Area Willowbrook State Recreation Area Woodson Bridge State Recreation Area (b) Underwater Recreation Areas. (Reserved) (c) State Beaches. Asilomar State Beach Atascadero State Beach Avila State Beach Bean Hollow State Beach Bolsa Chica State Beach Cardiff State Beach Carlsbad State Beach Carmel River State Beach Carpinteria State Beach Caspar Headlands State Beach Cayucos State Beach Corona del Mar State Beach Dan Blocker State Beach Dockweiler State Beach Doheny State Beach El Capitan State Beach El Matador State Beach El Pescador State Beach Emma Wood State Beach Gray Whale Cove State Beach Half Moon Bay State Beach Huntington State Beach La Piedra State Beach Las Tunas State Beach Leo Carrillo State Beach Leucadia State Beach Lighthouse Field State Beach Little River State Beach Malibu Lagoon State Beach Manchester State Beach Mandalay State Beach Manhattan State Beach Manresa State Beach McGrath State Beach Montara State Beach Monterey State Beach Moonlight State Beach Morro Strand State Beach Moss Landing State Beach Natural Bridges State Beach New Brighton State Beach Oxnard State Beach Pelican State Beach Pescadero State Beach Pismo State Beach Point Dume State Beach Point Sal State Beach Pomponio State Beach Redondo State Beach Refugio State Beach Robert W. Crown Memorial State Beach Royal Palms State Beach Salinas River State Beach San Buenaventura State Beach San Clemente State Beach San Elijo State Beach San Gregorio State Beach San Onofre State Beach San Simeon State Beach Santa Monica State Beach (including Pacific Ocean Park) Seacliff State Beach Silver Strand State Beach Sonoma Coast State Beach South Carlsbad State Beach Sunset State Beach Thornton State Beach Topanga State Beach Torrey Pines State Beach Trinidad State Beach Twin Lakes State Beach Westport-Union Landing State Beach Will Rogers State Beach William Randolph Hearst Memorial State Beach Zmudowski State Beach (d) Wayside Campgrounds Paul M. Dimmick Wayside Campground Reynolds Wayside Campground (e) State Vehicular Recreation Areas. Carnegie State Vehicular Recreation Area Clay Pit State Vehicular Recreation Area Hollister Hills State Vehicular Recreation Area Hungry Valley State Vehicular Recreation Area Ocotillo Wells State Vehicular Recreation Area Pismo Dunes State Vehicular Recreation Area (f) State Urban Recreation Areas Seccombe Lake State Urban Recreation Area Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.56, Public Resources Code. s 4754. Historical Units. In the interest of the public, the following units in the State Park System are classified in the category of Historical Units, as provided in Section 5019.59 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper: Bale Grist Mill State Historic Park Benicia Capitol State Historic Park Bidwell Mansion State Historic Park Bodie State Historic Park California Citrus State Historic Park Chumash Painted Cave Historic Park Colonel Allensworth State Historic Park Columbia State Historic Park El Presidio de Santa Barbara State Historic Park El Pueblo de Los Angeles State Historic Park Empire Mine State Historic Park Fort Humboldt State Historic Park Fort Ross State Historic Park Fort Tejon State Historic Park Governor's Mansion Hearst San Simeon State Historical Monument Indian Grinding Rock State Historic Park Jack London State Historic Park La Purisima Mission State Historic Park Los Encinos State Historic Park Malakoff Diggins State Historic Park Marshal Gold Discovery State Historic Park Monterey State Historic Park Old Sacramento State Historic Park Old Town San Diego State Historic Park Olompali State Historic Park State Historic Park Petaluma Adobe State Historic Park Pio Pico State Historic Park Railtown 1897 State Historic Park San Juan Bautista State Historic Park San Pasqual Battlefield State Historic Park Santa Cruz Mission State Historic Park Shasta State Historic Park Sonoma State Historic Park Stanford House State Historic Park State Indian Museum Sutter's Fort State Historic Park Wassama Round House State Historic Park Watts Towers of Simon Rodia State Historic Park Weaverville Joss House State Historic Park Will Rogers State Historic Park William B. Ide Adobe State Historic Park Woodland Opera House State Historic Park Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5019.59 and 5019.71, Public Resources Code. s 4755. State Wildernesses. In the interest of the public, the units of the State Park System listed below are classified in the category of State Wilderness as provided in Section 5019.68 of the Public Resources Code provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper: Anza-Borrego Desert State Wilderness Boney Mountain State Wilderness Cuyamaca Mountains State Wilderness Mount San Jacinto State Wilderness Santa Rosa Mountains State Wilderness West Waddell Creek State Wilderness Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.68, Public Resources Code. s 4756. State Beaches. s 4757. Wayside Campgrounds. s 4758. Underwater Parks. s 4759. Natural Preserves. In the interest of the public the following units of the State Park System are classified in the category of natural preserves as provided in Section 5019.71 of the Public Resources Code, provided that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper: Anderson Island Natural Preserve Antone Meadows Natural Preserve Big Lagoon Forest Natural Preserve -East Big Lagoon Forest Natural Preserve -West Big Lagoon Forest Natural Preserve -South Burton Creek Natural Preserve Doane Valley Natural Preserve Edwin L. Z'berg Natural Preserve Ellen Browning Scripps Natural Preserve Hagen Canyon Natural Preserve Heron Rookery Natural Preserve Hungry Valley Oak Woodland Natural Preserve Kaslow Natural Preserve La Jolla Valley Natural Preserve Least Tern Natural Preserve Liberty Canyon Natural Preserve Los Penasquitos Marsh Natural Preserve Mitchell Caverns Natural Preserve Morro Rock Natural Preserve Natural Bridges Monarch Butterfly Natural Preserve Pescadero Marsh Natural Preserve Pismo Dunes Natural Preserve San Mateo Creek Wetlands Natural Preserve Santa Clara Estuary Natural Preserve Theodore J. Hoover Natural Preserve Udell Gorge Natural Preserve Wilder Beach Natural Preserve Woodson Bridge Natural Preserve Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.71, Public Resources Code. s 4760. Cultural Preserves. In the interest of the public, the following units of the State Park System are classified in the category of Cultural Preserves as provided in Section 5019.74 of the Public Resources Code provided that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper: Ah-ha-kwe-ah-mac/Stonewall Mine Cultural Preserve Barrel Springs Cultural Preserve Cuish-Cuish Cultural Preserve (East Mesa) Freeman Canyon Cultural Preserve Gorman Cultural Preserve Kechaye Cultural Preserve Kumeyaay Soapstone Cultural Preserve Pilicha Cultural Preserve (West Mesa) Tataviam Cultural Preserve Wilder Dairy Cultural Preserve Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.74, Public Resources Code. s 4850. Authority. On September 27, 1992, Assembly Bill 2881 (Statutes of 1992, Chapter 1075) was signed into law amending the Public Resources Code as it affects historical resources. This legislation, which became effective on January 1, 1993, also created the California Register of Historical Resources, henceforth the California Register. Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code. s 4850.1. Purpose. The California Register is an authoritative listing and guide to be used by state and local agencies, private groups, and citizens in identifying the existing historical resources of the state and to indicate which resources deserve to be protected, to the extent prudent and feasible, from substantial adverse change. Definitions are found in Appendix A, "A Glossary of Terms", of this chapter. Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code. s 4851. Historical Resources Eligible for Listing in the California Register of Historical Resources. The California Register consists of historical resources that are: (a) listed automatically; (b) listed following procedures and criteria adopted by the State Historical Resources Commission, henceforth the Commission; and (c) nominated by an application and listed after a public hearing process. (a) Historical resources automatically listed in the California Register include the following pursuant to California Public Resources Code Section 5024.1(d)(1) and (2): (1) California historical resources listed in, or formerly determined eligible for, the National Register of Historic Places, henceforth the National Register. "Formally determined eligible" for the purpose of this section means determined eligible through one of the federal preservation programs administered by the California Office of Historic Preservation, henceforth the Office. Specifically, these programs are the National Register, Tax Certification (Evaluation of Significance, Part 1, 36 CFR Part 67), and National Historic Preservation Act (Section 106, 16 U.S.C. 470f) reviews of federal undertakings. (2) California Registered Historical Landmarks, henceforth Landmarks, from No. 770 onward. (3) Upon effective date of this chapter, the Office will notify owners by first class mail that as a result of listing or being formally determined eligible for listing in the National Register of Historic Places, and/or being designated a California Registered Historical Landmark subsequent to, and including No. 770, the resource has been automatically placed in the California Register. The owner(s) will be advised of the criteria for listing in the California Register and procedures for removal found in Sections 4855 and 4856 of this chapter. Removal may be requested at any time, but must satisfy one of the criteria for removal as listed in Section 4856(a) of this chapter. (b) Historical resources which require action by the State Historical Resources Commission to be listed in the California Register. The following resources require review and action by the Commission prior to listing, but are not subject to the formal nomination and application procedures described in Section 4851(c) of this chapter. (1) Landmarks with numbers preceding No. 770 pursuant to California Public Resources Code Section 5024.1(d)(2). Procedures for inclusion of landmarks preceding No. 770 in the California Register have not been adopted by the State Historical Resources Commission at the time of inception of this chapter. (2) California Points of Historical Interest, hereafter Points of Historical Interest, pursuant to California Public Resources Code Section 5024.1(d)(3). Points of Historical Interest, which have been reviewed by the Office and recommended for listing by the Commission, will be included in the California Register if the following conditions are met: (A) The resource meets the statutory criteria for the California Register; (B) A boundary is provided that clearly delineates the area of historic importance; (C) A list of contributing and noncontributing features is provided. Contributing features are those remaining from the resource's period of historic significance that retain integrity; and (D) The application is accompanied by the appropriate State Historical Resources Commission approved recordation form, such as the DPR Form 523- Historic Resources Inventory Form. Historical resource owners shall be notified of proposed Commission actions to nominate Points of Historical Interest to the California Register sixty (60) days prior to the Commission meeting at which a hearing is scheduled. The Office shall notify resource owners of time and location of the hearing. The Commission shall hear testimony regarding whether or not the criteria for listing a Point of Historical Interest in the California Register have been met. If the criteria for listing are met, the Commission shall recommend that the historical resource be made a Point of Interest to the Director of the Department of Parks and Recreation. When the Director signs the nomination, the historical resource shall be listed as a Point of Historical Interest and listed in the California Register. (c) Historical resources which require nomination to be listed in the California Register pursuant to California Public Resources Code Section 5024.1(e)(1)-(5). Historical resources may be nominated to the California Register by individuals, organizations, or government agencies. (1) An historical resource or historic district; (2) An historical resource contributing to the significance of a nominated historic district; (3) A group of historical resources identified in historic resource surveys, if the survey meets the criteria and standards of documentation listed in Section 4852(e); (4) An historical resource, a group of historical resources, or historic districts designated or listed as city or county landmarks or historical resources or districts pursuant to any city or county ordinance, if the criteria for designation or listing under the ordinance have been reviewed by the Office as meeting the California Register criteria as stated in this chapter and approved by the Commission; or (5) An historical resource or a group of local landmarks or historical resources designated under any municipal or county ordinance which has not been previously approved by the Office. Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: National Historic Preservation Act (NHPA) of 1966 (16 U.S.C. 470a), as amended; National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321-4347); Title 36, Parts 60, 63, 67 and 800, Code of Federal Regulations; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code. s 4852. Types of Historical Resources and Criteria for Listing in the California Register of Historical Resources. The criteria for listing historical resources in the California Register are consistent with those developed by the National Park Service for listing historical resources in the National Register, but have been modified for state use in order to include a range of historical resources which better reflect the history of California. Only resources which meet the criteria as set out below may be listed in or formally determined eligible for listing in the California Register. (a) Types of resources eligible for nomination: (1) Building. A resource, such as a house, barn, church, factory, hotel, or similar structure created principally to shelter or assist in carrying out any form of human activity. "Building" may also be used to refer to an historically and functionally related unit, such as a courthouse and jail or a house and barn; (2) Site. A site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing building, structure, or object. A site need not be marked by physical remains if it is the location of a prehistoric event, and if no buildings, structures, or objects marked it at that time. Examples of such sites are trails, designed landscapes, battlefields, habitation sites, Native American ceremonial areas, petroglyphs, and pictographs; (3) Structure. The term "structure" is used to describe a construction made for a functional purpose rather than creating human shelter. Examples of structures include mines, bridges, and tunnels; (4) Object. The term "object" is used to describe those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed, as opposed to a building or a structure. Although it may be moveable by nature or design, an object is associated with a specific setting or environment. Objects should be in a setting appropriate to their significant historic use, role, or character. Objects that are relocated to a museum are not eligible for listing in the California Register. Examples of objects include fountains, monuments, maritime resources, sculptures, and boundary markers; and (5) Historic district. Historic districts are unified geographic entities which contain a concentration of historic buildings, structures, objects, or sites united historically, culturally, or architecturally. Historic districts are defined by precise geographic boundaries. Therefore, districts with unusual boundaries require a description of what lies immediately outside the area, in order to define the edge of the district an to explain the exclusion of adjoining areas. The district must meet at least one of the criteria for significance discussed in Section 4852(b)(1)-(4) of this chapter. Those individual resources contributing to the significance of the historic district will also be listed in the California Register. For this reason, all individual resources located within the boundaries of an historic district must be designated as either contributing or as noncontributing to the significance of the historic district. (b) Criteria for evaluating the significance of historical resources. An historical resource must be significant at the local, state, or national level under one or more of the following four criteria: (1) It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; (2) It is associated with the lives of persons important to local, California, or national history; (3) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values; or (4) It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. (c) Integrity. Integrity is the authenticity of an historical resource's physical identity evidenced by the survival of characteristics that existed during the resource's period of significance. Historical resources eligible for listing in the California Register must meet one of the criteria of significance described in section 4852(b) of this chapter and retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. Historical resources that have been rehabilitated or restored may be evaluated for listing. Integrity is evaluated with regard to the retention of location, design, setting, materials, workmanship, feeling, and association. It must also be judged with reference to the particular criteria under which a resource is proposed for eligibility. Alterations over time to a resource or historic changes in its use may themselves have historical, cultural, or architectural significance. It is possible that historical resources may not retain sufficient integrity to meet the criteria for listing in the National Register, but thy may still be eligible for listing in the California Register. A resource that has lost its historic character or appearance may still have sufficient integrity for the California Register if it maintains the potential to yield significant scientific or historical information or specific data. (d) Special considerations: (1) Moved buildings, structures, or objects. The Commission encourages the retention of historical resources on site and discourages the non-historic grouping of historic buildings into parks or districts. However, it is recognized that moving an historic building, structure, or object is sometimes necessary to prevent its destruction. Therefore, a moved building, structure, or object that is otherwise eligible may be listed in the California Register if it was moved to prevent its demolition at its former location and if the new location is compatible with the original character and use of the historical resource. An historical resource should retain its historic features and compatibility in orientation, setting, and general environment. (2) Historical resources achieving significance within the past fifty (50) years. In order to understand the historic importance of a resource, sufficient time must have passed to obtain a scholarly perspective on the events or individuals associated with the resource. A resource less than fifty (50) years old may be considered for listing in the California Register if it can be demonstrated that sufficient time has passed to understand its historical importance. (3) Reconstructed buildings. Reconstructed buildings are those buildings not listed in the California Register under the criteria in Section 4852(b)(1), (2), or (3) of this chapter. A reconstructed building less than fifty (50) years old may be eligible if it embodies traditional building methods and techniques that play an important role in a community's historically rooted beliefs, customs, and practices; e.g., a Native American roundhouse. (e) Historical resource surveys. Historical resources identified as significant in an historical resource survey may be listed in the California Register. In order to be listed, the survey must meet the following: (1) the resources meet the criteria of Section 4852(b)(1)-(4) of this chapter; and (2) the survey documentation meets those standards of resource recordation established by the Office in the "Instructions for Nominating Historical Resources to the California Register" (August 1997), Appendix B. (1) The resources must be included in the State Historical Resources Inventory at the time of listing of the survey by the Commission. (2) The Office shall review all surveys to assure the standards of resource recordation, which can be found in the "Instructions for Nominating Historical Resources to the California Register" (August 1997), Appendix B of this chapter, have been met. If the survey meets the standards, the Office shall recommend to the Commission that all resources with a significance rating of category 1 through 4, or any subcategories thereof, on DPR Form 523 be listed in the California Register. The Office shall review all category 5 determinations for consistency with the California Register criteria of significance as found in Section 4852(b) of this chapter. Office review will occur within sixty (60) days of receipt of the survey. At the end of sixty (60) days, the Office will either: (1) forward the survey for consideration by the Commission or (2) request additional information. The status codes, established to indicate eligibility to the National Register of Historic Places, have the following meanings: (A) Category 1 -Listed in the National Register of Historic Places; (B) Category 2 -Formally determined eligible for listing in the National Register; (C) Category 3 -Appears eligible for listing in the National Register; (D) Category 4 -Could become eligible for listing in the National Register; or (E) Category 5 -Locally significant. (3) If the results of the survey are five or more years old at the time of nomination, the documentation for a resource, or resources, must be updated prior to nomination to ensure the accuracy of the information. The statute creating the California Register requires surveys over five (5) years old to be updated. (f) Historical resources designated under municipal or county ordinances. Historical resources designated under municipal or county ordinances which have the authority to restrict demolition or alteration of historical resources, where the criteria for designation or listing have not been officially approved by the Office, may be nominated to the California Register if, after review by Office staff, it is determined that the local designation meets the following criteria: (1) The ordinance provides for owner notification of the nomination of the resource for local historical resource designation and an opportunity for public comment. (2) The criteria for municipal or county historical resource designation consider the historical and/or architectural significance and integrity of the historical resource and require a legal description of the resource. (3) The designating authority issues findings or statements describing the basis of determination for designation. (4) The designation provides some measure of protection from adverse actions that could threaten the historical integrity of the historical resource. Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Title 36, Part 60, Code of Federal Regulations; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code. s 4853. Application Format. Applications shall be submitted on: (1) DPR Form 523-California Historic Resources Inventory Form, dated prior to January 1995; (2) DPR Form 422- Archeological Site Record, dated prior to January 1995; or (3) DPR Form 523 including supplemental forms DPR 523(c), (f), (g), (h), (i), (j), (k) and/or (l) dated prior to January 1995, as appropriate. In addition, the applicant shall submit a set of clearly labeled photographs, as described in the OHP "Instructions for Nominating Historical Resources to the California Register" (August 1997), Appendix B, with the recordation form. If historical resources are recorded after the effective date of this chapter, a DPR Form 523 must be used. In addition, the Commission may require other information for specific types of historical resources as listed in Section 4853 of this chapter. (a) General requirements. The requirements of Section 4853(a)(1)-(4) of this chapter shall apply to all historical resources which are nominated to the California Register: (1) The applicant shall use the inventory form which corresponds to the date of recordation of the resource. The inventory form shall be accompanied by a cover letter which includes the name of the applicant, the resource owner and local government with land-use control authority, hereafter local government, and a concise statement of significance. The statement of significance should clearly list the justification for the importance of the historical resource. (2) A sketch map shall be included, clearly showing the boundaries of the nominated resources, the footprint of all contributing and noncontributing resources, a directional North arrow, and scale. Careful and accurate information shall be provided with sufficient detail to ensure that a legal description of the proposed historical resource may be recorded. These details may include the UTM coordinates marked on a section grid, United States Geological Survey maps, parcel number(s), and legally recorded boundary lines. Boundaries of sites with no material evidence of the significant event must be clearly defined on the map on the basis of specific and definitive historical documentation. (3) One or more color slides and black and white or color photos shall be provided to properly document the historical resource. Color slides should provide a realistic overview of the historical resource in its setting or detailed views of the historical resource itself, as appropriate. The Commission may require that the applicant provide photos of contributing historical resources on surveys which are over five (5) years old. All photos should be labeled, including the date taken and a location of the image relative to the sketch map described above. (4) Primary numbers will be assigned by the Regional Information Center. The applicant shall provide a copy of the application to the Information Center which has responsibility for information regarding historical resources for the county in which the resources are located (see Appendix B) at the same time the application is submitted to the Office. The Office of Historic Preservation will assure primary numbers are assigned. (b) Information Required for Historical Resources. (1) Individual nominated resources. A single completed DPR Form 523 or Form 422 shall be submitted for each historical resource which is individually nominated. For resources recorded prior to the effective date of this chapter either a single completed DPR Form 523 or Form 422 shall be submitted for each historical resource which is individually nominated. If the historical resource is recorded after the effective date of this chapter, a DPR Form 523 (dated January 1995) shall be submitted for each historical resource. (2) Historic districts. In the case of an historic district, the applicant shall complete one master form for the district as a whole, with an abbreviated form for each contributing resource. A list of noncontributing resources is required and must be provided in the cover letter. Owner information for each resource must be provided in the cover letter. Slides of contributing historical resources and/or streetscapes shall be included. Black and white or color photographs of each contributing historical resource and representative streetscape are required. (3) Archeological resources. Archeological resources will be considered for nomination only after having been assigned a Site Trinomial Number by the appropriate Regional Information Center (see Appendix B). The Commission may require additional documentation to more accurately identify and define the site. Depending upon the date the resource was recorded, the DPR Form 523 (dated January 1995) or Form 422 must be accompanied by a statement of significance or research design which explains why the resource qualifies for listing in the California Register. (4) Historical resource survey. Historical resources which have recordation forms already on file in the inventory with the Office will not require additional DPR Inventory Forms 523 (dated January 1995) unless the Commission requests re-evaluation or re-survey. A cover letter shall provide the owner and the local government information as described in Section 4853(a)(1) of this chapter, an overview of survey methodology to verify that the survey meets the standards discussed in Section 4852(e) of this chapter and adequate mapping showing all areas surveyed. (5) Historical resources and historic districts designated or listed as city or county landmarks, historic resources or districts pursuant to any city or county ordinance, and local landmarks and other resources designated under municipal or county ordinances. DPR Form 523 shall be submitted for all local landmarks or locally designated historical resources that have not previously been documented or do not have approved recordation forms on file with the Office. A cover letter shall be submitted, as described in Section 4853(a) of this chapter, and it must include information regarding resource ownership, local government, and a list of all resources included in the nomination. A copy of the ordinance or criteria for local designation must be submitted with the application. Submitting a copy of the ordinance is required whether the resource was designated under a local historic preservation ordinance, which may cover a group or category of historical resources, or under an ordinance or resolution designating only specific historical resource which is being nominated. Note: Authority cited: Sections 5020.4, 5024.1, 5024.5 and 5024.6, Public Resources Code. Reference: Section 27288.2, Government Code; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 5029, 21084 and 21084.1, Public Resources Code. s 4854. Application Procedures. (a) Ownership information. It is the responsibility of the applicant to provide complete information regarding the ownership of those historical resources which the applicant wishes to be included in the California Register. The ownership data must include assessor parcel numbers, maps, and a legal description of the resources. The applicant shall provide the owners' names and addresses on mailing labels, as well as any information necessary to establish whether a proposed resource or district has more than one owner. A boundary map and a list of all resource owners within the proposed district boundaries shall be included for each district. The list shall indicate whether the property of each owner is contributing or noncontributing to the significance of the district. Resources will not be listed in the California Register over the owner's objection, or in the case of a district, a majority of resource owners, but will be "formally determined eligible for listing" (see Section 4855(c) of this chapter). (b) Submitting the application. Historical resources may be nominated by any individual or group including, but not limited to, members of the general public, private organizations, or local government with control authority over the designated historical resource. (1) Local government, in whose jurisdiction the historical resource is located, shall submit their applications directly to the Office. (2) If the applicant is not a local government, the applicant must notify the clerk of the local government by certified mail that an application will be filed with the Office and request that the local government join in the nomination and/or provide comments. Notification to the clerk of the local government shall include a copy of the application. Ninety (90) days after notification to the clerk of the local government, the applicant shall forward all completed applications and any comments to the Office. (c) If the applicant is not the owner of the resource being nominated, within thirty (30) days of receipt of the application, the Office will provide a copy of the application to the owner and request any additional information. Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code. s 4855. State Historical Resources Commission's Public Hearing of a Nomination. After technical review by the Office, the nomination will be scheduled for a hearing by the State Historical Resources Commission. The Commission will only consider comments that relate to the criteria for listing a resource in the California Register. (a) Public notification. At least sixty (60) days before the hearing to consider the nomination for listing, the Office shall do all of the following: (1) Notify all affected historical resource owners that their resource has been nominated for listing; the time and place set for the hearing; and that the Commission will consider public comments related to whether the resource meets the criteria for listing in the California Register as well as any objections of the owner(s). (2) Notify the local government and interested local agencies of the time and place set for the hearing and the opportunity for public comments in support of or opposition to the proposed listing. (3) Notify the general public by means of the Commission's hearing notices of the scheduled hearing date and the opportunity to comment on the nomination. (4) In the case of an historic district, nominated either individually or as part of a survey, the Office must make a reasonable effort to obtain the identities and addresses of all owners of resources within the proposed district. The Commission must provide notice of the hearing and opportunity to comment or object to all identified owners whether or not their properties were nominated as contributing resources. (b) Support of or objections to the nomination. The Commission shall consider public comments when it determines whether to list the historical resource in the California Register. Any person or organization, including the following, may submit supporting or opposing comments to the Office before the hearing. (1) Resource owners. Private resource owners must make any objection to listing in a notarized letter stating that they are the sole or partial owners, that they object to the listing, and the reasons for their objection. Letters of support from private resource owners are welcomed, but not required. If a private resource owner does not reply to a properly transmitted letter of notification, the absence of a reply will be interpreted as consent to the historical resource designation. (A) Each owner or partial owner of a privately owned individual historical resource has one vote regardless of what percentage of the resource such person owns. Within a district, each owner has one vote regardless of how many buildings, or what percentage of the area of the proposed district, such person owns. (B) If a majority of private resource owners should object for any reason, the proposed individual resource or district will not be listed. However, in such cases, the Commission shall designate the resource as "formally determined eligible for listing in the California Register." A resource that has been designated as eligible may be listed at a later time if, and when, the objection is withdrawn. (2) Local government. Support of, and objections by, local government are to be given full and careful consideration. When the local government objects to the listing, the findings of the Commission shall identify the historical or cultural significance of the resource and explain why the resource was listed in the California Register over the objections of the local government. (c) Determinations of eligibility and formal listing. A privately owned resource may not be listed in the California Register over the objection of its owner, or in the case of a resource with multiple owners, over the objection of a majority of private resource owners. A district may not be listed in the California Register over the objection of a majority of private resource owners within the proposed district. If a district is listed, it will be listed in its entirety and all contributing resources will be listed, whether or not the owner of that resource has objected. (1) If a private resource cannot be listed solely due to owner objection, the Commission shall designate the resources as "formally determined eligible for listing." (2) An historical resource shall be considered formally "listed in the California Register" when the Commission, upon reviewing the nomination, designates the resource as eligible for listing and accepts it for official listing in the California Register. (3) The Commission shall adopt written findings to support its determinations. Findings shall include a description of the historical resources and the historical or cultural significance of the resources and identification of those criteria on which any determination was based. (4) Within forty-five (45) days after approval or disapproval of a nomination by the Commission, the Officer shall notify the applicant, resource owner(s), and the affected local government in writing of the Commission's decision. Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Title 36, Part 60, Code of Federal Regulations; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code. s 4856. Criteria and Procedures for Removal of an Historical Resource from the California Register of Historical Resources. Historical resources are formally determined eligible for, or listed in, the California Register on the basis of an evaluation of the historical data by qualified professionals. The Commission may, at its discretion, consider a request for formal delisting after a public hearing has taken place. (a) The Commission may remove an historical resource from the California Register if one of the following criteria is satisfied: (1) The historical resource, through demolition, alteration, or loss of integrity has lost its historical qualities or potential to yield information; or (2) New information or analysis shows that the historical resource was not eligible at the time of its listing. (b) Documentation supporting a request for removal of an historical resource from the California Register shall be provided to the Commission for its review. The documentation shall include: (1) A written request from the Officer, resource owner, a member of the public, or local government in which the historical resource is located recommending the removal of the resource, including a detailed justification based on the criteria listed in Section 4856(a)(1) or (2); (2) Photographs and other documentation regarding the current condition of the historical resource; (3) Photographic and archival documentation of the historical resource at the time of listing; and (4) Complete current ownership information for historical resources included in the listing. (c) The Office shall notify the resource owners, the local government in which the historical resource is located, the general public, and the individual, organization, or government authority which made the original nomination at least sixty (60) calendar days prior to the date scheduled for the public hearing. At the hearing, the Commission shall hear comments and receive information regarding whether or not the criteria for removal of an historical resource from the California Register have been met. If the criteria have been met, the resource shall be removed from the California Register. If the criteria for removal have not been met, the historical resource shall remain in the California Register. The decision of the Commission shall be final unless a request for reconsideration is made pursuant to Section 4857 of this chapter. (d) The Office shall notify the resource owners, the local government described above, the general public, and the individual, organization, or government agency which made the original nomination within sixty (60) days after reaching a final decision. The decision of the Commission shall be binding. Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code. s 4857. Requests for Redetermination by the State Historical Resources Commission. Requests for redetermination may be submitted within thirty (30) days after the Commission transmits notice of its final determination. Such requests shall set forth the reasons why the Commission's determination was improper, including all new relevant facts and information. (a) The Commission has the power to reverse or alter its prior determinations, in whole or in part, if any of the following occur: (1) There is a significant error in the facts, information, or analysis on which the prior decision was based; or (2) The prior determination, in light of current information, appears to have been arbitrary, capricious, or based on substantial error. (b) The Commission shall advise the applicant within sixty (60) days after receipt of a request for redetermination whether it will consider such request, and if so, set the date for a hearing by the Commission. (c) If the request for redetermination is denied, then the original determination shall become final for all purposes, unless the resource is later shown to be demolished, altered, or has lost its integrity. Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code. s 4858. Saving Clause. If any one or more of the regulations in this chapter, or any portion of any one of these regulations is found or held to be invalid, all other regulations and portions of regulations shall be severable from the invalid regulation or portion and shall be presumed to be valid. Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Section 11350, Government Code; California Drive-in Restaurant Asso. v. Clark (1943) 22 Cal.2d 287, 140 P.2d 657; and Schenley Affiliated Brands Corp. v. Kirby (1971) 21 Cal.App.3d 177, 98 Cal.Rptr. 609. Appendix A A Glossary of Terms as Used in the California Register of Historical Resources A Archaeological District. An area defined by a significant concentration, linkage, or continuity of sites. Archaeological Site. A bounded area of a resource containing archaeological deposits or features that is defined in part by the character and location of such deposits or features. The Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa). Provides for protection of terrestiral and submerged archaeological resources. Authorizes criminal prosecution for the excavation, removal, or damage of archaeological resources on public or Indian lands without appropriate permit. Governs the transportation of illegally obtained materials, access to information, and the permitting process. B Boundaries. Lines delineating the geographical extent or area of an historical resource. Building. A resource, such as a house, barn, church, factory, hotel, or similar structure, created principally to shelter or assist in carrying out any form of human activity. Also, used to refer to an historically and functionally related unit, such as a courthouse and jail or a house and barn. C California Historical Resources Information System (CHRIS). That collection of Site Records, Historic Resource Inventory Forms, and all information on historical resources which has been acquired and managed by the State Office of Historic Preservation since 1975. This shall include the State Historic Resources Inventory, the California Archaeological Site Inventory, properties listed in the National Register of Historic Places, California Registered Historical Landmarks, California Points of Historical Interest, and the California Register of Historical Resources. Conservation Easement. A less than fee simple interest in real property recorded as a deed restriction which is designated to protect the historic, cultural, archaeological, or ecological characteristics of a property. For purposes of the regulations in this chapter, it is interchangeable wit the term "Preservation Easement." Cultural Heritage. Pertaining to the sum total of traditions, body of knowledge, etc., inherited as possessions, characteristics, or conditions expressing a traditional way of life subject to gradual, but continuous modifications by succeeding generations. Cultural Resource. See Historical Resource. Culture. A linkage of people possessing shared values, beliefs, and historical associations coupling social institutions and physical materials necessary for collective survival. D Disclosure, archaeological site. To make available any records that pertain to an archaeological site. However, "archaeological site disclosure" need not take place if the nomination of a resource to the California Register requires making known any records which related to archaeological site information when those records are maintained by either the Department of Parks and Recreation or the State Historical Resources Commission. District. A geographic area which possesses a significant concentration, linkage, or continuity of sites, buildings, areas, structures, or objects which are united historically, culturally, or aesthetically by plan, history, or physical development. For purposes of the regulations in this chapter, this term is interchangeable with "Historic District." DPR Form 422. Department of Parks and Recreation Archaeological Resources Inventory Form Number 422. DPR Form 523. Department of Parks and Recreation Historic Resources Inventory Form Number 523. E Evaluation. A process carried out by the State Historical Resource Commission whereby the significance and integrity of an historical resource is judged, thereby determining its eligibility for listing. F Footprint. The form or pattern made by the perimeter of a building or other resource. Often used in connection with sketch maps or boundaries. A sketch map may show the footprint of historic resources as they are found on a parcel of land. Formally Determined Eligible for Listing. An historical resource shall be considered "formally determined eligible for listing" when the State Historical Resources Commission accepts the nomination of the historical resource and designates the property as eligible for listing in the California Register. G Geographical Area. An area of land containing historical or archaeological resources that can be identified on a map and delineated by boundaries. H Historic Context. An organizing structure for interpreting history that groups information about historical resources sharing a common theme, geographical area, or chronology. The development of "historic context" is a foundation for decisions regarding the planning, identification, evaluation, registration, and treatment of historical resources based upon comparative historic significance. Historic District. A geographic area which contains a concentration of historic buildings, structures, or sites united historically, culturally, or architecturally. "Historic districts" are defined by precise geographic boundaries. Therefore, "historic districts" with unusual boundaries require a description of what lies immediately outside the areas in order to define the edge of the district and to explain the exclusion of adjoining areas. Historic Fabric. (1) With regard to an historic building, "historic fabric" means the particular materials, ornamentation, and architectural features which are consistent with the historic character of the building. (2) With regard to an historic district, "historic fabric" means all sites, buildings, structures, features, objects, landscaping, street elements, and related design components of the district which are consistent with the historic character of the district. (3) With regard to an archaeological district, "historic fabric" means sites, standing structures or buildings, historic landscape (land disturbance such as grading or construction), features (remnants of walls), and objects (artifacts) which are consistent with the historic character of the district. Historic Integrity. The ability of a resource to convey its historical significance. Historic Resources Inventory Form (DPR Form 523). A document which describes the characteristics and locations of buildings, structures, objects, and districts recorded for inclusion in an Historic Resources Inventory. Historical Landmarks. See State Historical Landmark. Historical Resource. Any object, building, structure, site, area, place, record, or manuscript which is historically or archaeological significant, or which is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural history of California. Historical Resources Inventory. A set of data, such as a list of historical resources, generated through an Historical Resources Survey. Historical Resources Survey. The process of systematically identifying, researching, photographing, and documenting historical resources within a defined geographic area. I Identification. The process by which information is gathered regarding historical resources. Information Center. See Regional Information Center. L Landscape, Cultural. A geographic area that (1) has been used, shaped, or modified by human activity, occupation, intervention; or (2) possesses significant value in the belief system of a culture or society. Landscape, Designed. A geographic area that (1) has significant as a design or work of art; (2) was consciously designed and laid out by (a) a designer according to academic or professional design standards, theories, or philosophies of landscape architecture; or (b) by an amateur using a recognized style or tradition; (3) has an historical association with a significant person, trend, or event in landscape gardening or landscape architecture; or (4) has a significant relationship to the theory or practice of landscape architecture. Landscape, Rural. A geographic area that (1) has historically been shaped or modified by human activity, occupancy, or intervention; (2) possesses a significant concentration, linkage, or continuity of areas of land use, vegetation, buildings or structures, roads or waterways, or natural features; or (3) provides a sense of place. Listed. A California Register historical resource shall be considered "listed" when (1) the State Historical Resources Commission, after reviewing the nomination of the historical resource, accepts it for listing in the California Register; or (2) it has been automatically "listed" under Public Resources Code Section 5024.1(d)(1) & (2). Local government. A public agency with land-use control authority over a designated historical resource. Local governments may include special district, tribal, city, or county governments. M Manuscript. (1) Bodies or groups of personal papers. (2) Collections of documents acquired from various sources according to a plan. (3) Individual documents acquired by a manuscripts repository because of their special importance. (Society of American Archivists) N National Environmental Policy Act of 1989 (NEPA). (42 U.S.C. 4321-4327 (1969) (amended)). Created a process by which to analyze significant environmental impacts, including impacts to historical resources, for federally funded or licensed actions. National Historic Preservation Act of 1966 (NHPA). (16 U.S.C. 470 (1966) (amended)). Established the National Register of Historic Places. Created a partnership between federal, state, and local agencies to extend the national historic preservation programs to properties of state and local significance. National Register Criteria. The federally established standards for evaluating the eligibility of properties for inclusion in the National Register of Historic Places. National Register of Historic Places, The. (16 U.S.C. 470a, 36 C.F.R. Parts 60, 63). The official inventory of districts, sties, buildings, structures, and objects significant in American history, architecture, archeology, and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 (16 U.S.C. 461-467 (1935) (amended)) and the National Historic Preservation Act of 1966 (16 U.S.C. 470 (1966) (amended)). Nomination. A formal application, submitted to the State Historical Resources Commission, for listing an historical resource on the California Register of Historical Resources. O Object. Manifestations that are primarily artistic in nature, or are relatively small in scale and simply constructed. The "object" may be a fixture (real property) or movable (personal property). Although it may be movable by nature or design, an object must be associated with a specific setting or environment. The "object" should be in a setting appropriate to its significant historical use, role or character; for example, a fountain or boundary marker. Officer. The State Historic Preservation Officer (SHPO) is appointed by the Governor under the authority of Public Resources Code Section 5020.6. The SHPO serves as the Chief Administrative Officer of the Office of Historic Preservation and Executive Secretary of the State Historical Resources Commission. The SHPO administers state and federally mandated historic preservation programs under the authority of the National Historic Preservation Act of 1966, Section 101(b)(3), (16 U.S.C. 470 (1966) (amended)) and Cal. Pub. Res. Code Section 5024. Owner. Those individuals, partnerships, corporations, or public agencies holding fee simple title to a resource. The term does not include individuals, partnerships, corporations, or public agencies holding easements or less fee simple interests, including leaseholds. P Penal Code, Section 622.5. Provides misdemeanor penalties for every person, other than the owner, who injures or destroys objects of historical or archeological interest located on public or private lands. Point of Historical Interest. The California Point of Historical Interest Program (Cal. Pub. Res. Code Section 5021) is a state historical resources registration program, established in 1965, which provides official recognition for historical resources that are significant at a county or regional level, but do not quality for designation as California Registered Historical Landmarks. Preservation (treatment). The act or process of applying measures to sustain the existing form, integrity, or historic fabric of an historical building or structure, or the form or vegetative cover of an historic site. It may include stabilization work, as well as ongoing maintenance of the historic fabric. Preservation Commission. A city or county board of appointed citizens with assigned responsibilities for surveying, designating, and protecting historical resources. May also be called an historic review board, design review board, landmarks commission, or cultural heritage commission. Primary Number. The number used to identify and retrieve records regarding a specific site in the California Historical Resources Information System. The Primary Number describes the location of a resource in the same manner as a Site Trinomial Number. Protection (treatment). The act or process of applying measures to affect the physical condition of an historical resource by guarding it from deterioration, loss, or attack by natural causes, or to cover or shield it from threat of danger or harm. In the case of buildings or structures, these measures are usually temporary; however, with regard to archeological resources, protective measures may be temporary or permanent. Public Resources Code, Section 5097.5. Defines as a misdemeanor the unauthorized disturbance or removal of archeological, historical, or paleontological resources located on public lands. R Reconstruction (treatment). The act or process of reproduction through construction the exact form and detail of a vanished building, structure, or object, or any part thereof, as it appeared at a specified period of time. Recordation. Section 27288.2 of the Government Code and Section 5029 of the Public Resources Code require the County Recorder to record a certified resolution of historical resources designation containing the name of the current property owner, the historical resources registration program, the designating entity, the specific historical resources designation, and a legal description of the property. Regional Information Center. An Information Center of the California Historical Resources Information System, under contract to the Office of Historic Preservation, which receives, manages, and provides information on historical and archeological resources. "An Information Center" may also provide training or technical assistance on a fee-for-service basis. Registration. A program by which an historic resource is documented, evaluated, and determined eligible or nominated for listing as a type of historical resource. Such programs may be local, state, or national. Rehabilitation (treatment). The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values. Research Design. Reveals the logic that will be used to direct identification, documentation, investigation, analysis, or treatment of an historical resource that identifies the goals, methods and techniques, potential results, and the relationship of the potential results to other proposed activities or treatments. Resource, Contributing. A resource which by location, design, setting, materials, workmanship, feeling, and association adds to the sense of historical authenticity, historical development, or value of an historical resource. Resource, Non Contributing. An historical resource which does not add to the sense of historical authenticity or evolution of an historic property or where the location, design, setting, materials, workmanship, history, and/or association of the historical resource have been so altered or deteriorated that the overall integrity of that resource has been irretrievably lost. Restoration (treatment). The act or process of reproducing the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time. S Secretary of Interior Standards. Identified in the Secretary of the Interior Standards and Guidelines for Historic Preservation Projects (36 C.F.R. 67), with accompanying interpretive guidelines, which are utilized by federal agencies in the preservation of historical properties that are listed, or are eligible for listing, on the National Register. They are also used by some State Historic Preservation Offices in evaluating projects proposed as historical resources in accordance with federal regulations; or by local governments, organizations, and individuals in making decisions about the identification, evaluation, registration, or treatment of historic properties. The Secretary of the Interior's Standards for Rehabilitation is aimed at retaining and preserving those features and materials which are important in defining the historic character of an historical resource. Technical advice about archeological and historic preservation activities and methods is also included in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. Site. A location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing building, structure, or object. A "site" need not be marked by physical remains if it is the location of a prehistoric or historic event and if no buildings, structures, or objects marked it at that time. Examples include trails, designed landscapes, battlefields, habitation sites, Native American ceremonial areas, petroglyphs, and pictographs. Site Record. A document which describes the characteristics and location of a site, and which has been completed for entry in the California Archaeological Site Inventory. Site Trinomial Number. A site registration number assigned by the Office of Historic Preservation to a specific archeological resource under which all documentation for that resource will be recorded. Stabilization (treatment). The act or process of applying measures designed to establish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property, or one which has the potential to deteriorate or to become unsafe, while maintaining the essential form as it exists at present. State Historic Preservation Officer (SHPO). See Officer. State Historic Resources Inventory. Compilation of all identified and evaluated historical resources maintained by the State Office of Historic Preservation. It includes all those historical resources evaluated in surveys that were conducted in accordance with criteria established by the Office (see Appendix B) and were thereafter determined eligible for, or listed in, the National Register of Historic Places or designated as California Registered Historical Landmarks, California Points of Historical Interest, or the California Register of Historical Resources. State Historical Building Code (SHBC). The State Historical Building Code is contained in Part 8 of Title 24 (State Building Standards Code) and applies to all qualified historical structures, districts, and sites designated under federal, state, or local authority. It provides alternatives to the Uniform Building Code in cases consistent with building regulations for the rehabilitation, preservation, restoration, or relocation of qualified historic structures designated as historic buildings. State Historical Landmarks. The California Registered Historical Landmarks Program (Cal. Pub. Res. Code Section 5021) is a state historical resources registration program which was created in 1949 to recognize historical resources with regional and statewide significance to the history of California State Historical Resources Commission (SHRC). Commission appointed by the Governor under Public Resources Code Section 5020.4 and 5020.5. The SHRC has broad responsibilities for the statewide historic preservation program that include conducting a statewide inventory of historical resources, establishing criteria for evaluating historical resources, and conducting public hearings to develop and review a statewide historical resources plan. Statement of Significance. An organizational format which groups information about related historical resources based on theme, geographic units, and chronological period. The information should describe why the resource is significant within a relevant historic context. Structure. A construction made for a functional purpose rather than creating human shelter. Examples of structures include mines, bridges, and funnels. T Tax Certification. A provision of federal tax law which, under certain conditions, allows money invested in capital rehabilitation to be deducted from income taxes owed. See those provisions for certified National Register structure which are included in the Economic Recovery Act of 1981 (Internal Revenue Code Section 48, 168, 170, and 280B). Traditional Cultural Properties. A geographic area or historical resource that embodies important cultural values. It may contain landscape characteristics that are the tangible evidence of the activities and habits of the people who occupied, developed, and shaped the land to serve their needs, or it may include several categories of properties. It may also contain, or consist primarily of, natural features which are important in a religious or belief system. U UTM Coordinates. A set of metric coordinates (easting and northing) that indicate a unique location according to the Universal Transverse Mercator grid appearing on maps of the United States Geological Survey. s 4900. Definitions. As used in these regulations, the terms listed below shall have the meanings noted: (a) Act. "Act" means the Land and Water Conservation Fund Act of 1965, 78 Stat. 897, authorizing the Secretary of the Interior to provide financial assistance to the State for outdoor recreation purposes. (b) Bureau. "Bureau" means the Bureau of Outdoor Recreation, U.S. Department of the Interior. (c) Fund. "Fund" means the Land and Water Conservation Fund, created by the Land and Water Conservation Fund Act of 1965, and monies made available there from to the State of California. (d) Program. "Program" means the Land and Water Conservation Fund Program under which monies are made available through the State Liaison Officer to state and local agencies for outdoor recreation purposes. (e) State Liaison Officer. "State Liaison Officer" means the state officer designated by the Governor to administer the Land and Water Conservation Fund and Program for the State of California. The State Director of Parks and Recreation has been so designated and given authority by the State Legislature to serve as the State Liaison Officer. (f) Department. "Department" means the Department of Parks and Recreation. (g) Applicant. "Applicant" means any public agency or political subdivision of the State eligible for, and applying for, assistance under this Program. For the purposes of this Program, eligible State agencies are the Departments of Fish and Game, Navigation and Ocean Development, Parks and Recreation and Water Resources. Eligible local agencies are cities, counties, recreation and park districts and certain special districts whose authority permits the acquisition, development, operation and maintenance of public parks and recreation areas. (h) Annual Apportionment. "Annual Apportionment" means that amount of funds allocated during any one fiscal year by the Secretary of the Interior and made available to the State of California under this Program. s 4901. Authority. Articles 1 through 3, Chapter 1.9, Division 5 (Sections 5099 through 5099.11) of the Public Resources Code and other provisions of law provide the authority to enable the state and its local governmental agencies and subdivisions to participate in the Program, instruct the Director to maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resources of the State and give the Director the authority to administer the Program. s 4902. Allocation of Funds. The annual apportionment will be allocated among state and local agencies in such proportions as may be determined by the State Liaison Officer, acting in accord with applicable rules and regulations established by the Bureau and other provisions of law. The following principles shall generally apply to this allocation: (a) That part of the annual apportionment made available to local agencies shall be allocated among eligible projects in accordance with the needs and priorities established by the California Outdoor Recreation Resources Plan and the requirements hereof. (b) Funds for statewide planning purposes shall be allocated to state agencies only. (c) Up to 10 percent of the current annual apportionment may be reserved, at the discretion of the State Liaison Officer, for contingency purposes. These contingency purposes may include unanticipated increases in project costs and for special projects for which matching funds become unexpectedly available, or for which matching funds will expire. All contingency funds unexpended in any one fiscal year shall be added to and allocated in the general annual allocation the following fiscal year. Funds retained for contingency purposes need not conform to the provisions of Sections 4903 and 4904 herein. s 4903. Project Criteria. Projects for which applications are submitted must meet criteria established by the Heritage Conservation and Recreation Service as set forth in the Service's Grants-In-Aid Manual and amendments thereto. They must also meet the following Eliminating and Ranking Criteria: (a) Eliminating Criteria. The eliminating criteria are applied to determine whether or not the project is eligible. In order to be considered further, the applicant must meet all of the following: (1) As of the annual deadline, a substantially complete application must be submitted or your project will not be considered for funding. Applications which are technically complete in all aspects by the deadline will receive bonus points. A technically complete application is defined in the most current Procedural Guide, Part 1, Application Procedures. If the application is not technically complete in all aspects as of the date that the State Liaison Officer selects projects (usually in November), the application will not be considered eligible for funding. (2) As of the annual deadline, the applicant must have an assured source of eligible matching funds. The matching funds are defined as any and all funds available to the applicant not derived from the Wildlife Restoration Fund, Harbors and Watercraft Revolving Fund, and the California Water Resources Development Bond Fund. (3) As of the annual deadline, the applicant must have adequate tenure to the land to be developed (development projects only). (Adequate tenure will consist of either fee title, without encumbrances which would have an adverse effect on the project, or a fully executed lease or easement of sufficient duration and adequate to receive full value from the project facilities developed by the grant). (4) The project for which grant funds are requested must increase the project's ability or capacity to serve outdoor recreation purposes. (b) Ranking Criteria. The second level of the selection process involves the application of ranking criteria to those proposals that survive the elimination process. In implementing this process, State Law (Chapter 986, Statutes of 1977) requires that the Local Agency share be split in a Statewide ratio of 50% to regional projects, and 50% less-than-regional projects. For the purposes of program administration, projects will be classified as either regional or less-than-regional and compete separately within each planning district for one-half of the Planning District allocation. Several factors will be considered in the determination of the regional/less-than-regional designations: Acreage. In general, a project of 50 acres or more will be considered regional, less than 50 acres will be considered less-than-regional. Acreage alone will not be the deciding factor. In some cases a less than 50 acre site may be classified as a regional project and a 50 acre or larger site may be considered less-than-regional. Physical Characteristics. The presence of any significant scenic or resource values would tend to indicate a regional designation. Intended Use. The proposed facilities and/or purpose of the project will be analyzed to determine whether the project is, or will be upon development, capable of attracting visitors from a community or a regional service area. The final decision on the regional/less-than-regional designation of a project will be based on these factors and be made by the State. If the dollar amount of all projects is greater than the available funds within each planning district, they will be evaluated and ranked according to the following criteria (conversely if there are more funds available to a planning district than required, the projects will not necessarily be funded unless they are considered high priority by the State Liaison Officer): (1) Development grant requests for facilities that are to be constructed at a recreation area that provide opportunities for multiple recreational activities (two or more separate and distinct activities) will be given a higher priority than grant requests for projects that provide activities for a single purpose or specialized uses that serve only a limited segment of the public. (2) Development grant requests for projects that will provide for basic facilities will be given a higher priority than grant requests that will provide for more elaborate facilities. Elaborate facilities are defined as overly ornate, overdesigned, superfluous, or otherwise excessive. It is not the intent of this criterion to discourage high-quality, innovative projects. (3) Development grant requests for projects that will provide new facilities and opportunities in either new or old parks will be given higher priority than grant requests for projects that will provide for the replacement or rehabilitation of existing usable recreational facilities. (4) Grant requests for projects that, in the judgment of the State Liaison Officer and his staff, can be completed expeditiously (generally 2 1/2 years) will be given higher priority. Points will not be awarded to other projects not meeting this criteria. Factors considered to determine an applicant's ability to complete a project will include, but not be limited to: The applicant's performance on previous grant projects, both federal and state; the applicant's ability to operate and maintain existing parks; involvement of other jurisdictions and regulatory agencies; public involvement; the steps already taken to implement the project at the time of application; the magnitude and complexity of the project. (5) Grant requests from public entities, who have designated a major organizational unit with a full-time primary responsibility for the provision of parks and recreation areas and/or facilities, will be given higher priority than requests from governmental units whose primary function is other than parks and recreation. (6) Acquisition grant requests from an applicant that has a preliminary title report by the annual application deadline will be given a higher priority. (7) Grant requests for projects that will serve the greatest need will be given high priority. Regional projects will be evaluated separately from less-than-regional projects. Competing projects will be evaluated against the following criteria: (A) For Regional Projects: 1. Population Density. Priority will be given to projects that serve high density residential areas. The population residing within the effective service radius will be used for evaluation. The effective service radius will be uniformly applied within each planning district. 2. Proximity of Population Masses to Project. Priority will be given to projects that are in closest proximity to densely populated areas as compared to other competing projects. 3. Developed Facilities. Priority will be given to projects that serve areas with the least number of existing developed facilities per 1,000 population (use-features) within the effective service radius. (Development projects only). 4. Park Acres. Priority will be given to projects that serve areas with the least amount of existing comparable recreational acreage per 1,000 population within the effective service radius. (Acquisition projects only). 5. Access. Priority will be given to projects that are readily accessible from freeways, expressways, major routes of recreation travel or public transportation. (B) For Less-Than-Regional Projects: 1. Population Density. Priority will be given to projects that serve the highest population densities. Population residing within a one-mile radius of less-than-regional projects will be used. 2. Access. Priority will be given to projects that provide for the best public access. This will be judged by the adequacy of public transportation services and the presence of physical barriers (freeways, railroad tracks, flood control channels, etc.) that may restrict immediate access. 3. Developed Facilities. Priority will be given to projects that serve areas with the least number of existing developed facilities (use features) within the appropriate service area of the proposed project. Only recreation facilities of the same nature as those contemplated in the proposed grant project will be considered. (Development projects only). 4. Park Acres. Priority will be given to projects that serve the least number of existing recreation acreage within the appropriate service area of the proposed project. (Acquisition projects only). 5. Low Income Areas. Priority will be given to projects that serve the outdoor recreation needs of low income families. (c) Additional S.L.O. Selection Factors: The above seven ranking criteria will be applied to all eligible projects. Although a final score will be determined for each competing project, that score may not necessarily be the sole factor in determining the funding of a project. The final decision to fund a project will be based upon informed judgement and at the discretion of the State Liaison Officer. The following additional factors will be taken into consideration to determine the final rating of a project. Generally, preference will be given by the S.L.O. to projects: (1) Which have a reasonable cost/benefit ratio. (2) Where there is an urgency for acquisition and where delay will cause a loss of recreation opportunities in the future. (3) Which relate directly to state and planning district priority for Land and Water Conservation Funds in CORRP. (4) Where the applicant has not been previously funded. Also, where the per capita share of Land and Water Conservation Funds in the county where the project is located is less than the State's per capita average. (5) Where the dollar amount requested is reasonable in relation to the total dollars available to the planning district. (6) Where a greater geographical spreading of funds will be achieved within a planning district. (7) Where the applicant has an adopted master plan of park and recreation areas that includes the project for which funds are being sought. (8) Which have innovative and/or unique, natural, or scenic features. (9) Which make provisions for handicapped and underprivileged, above and beyond those required by law. (10) Which have the ability to attract visitation from beyond the applicants normal service area. Note: Authority cited: Section 5003, Public Resources Code. s 4904. Priorities Among Eligible Projects. Projects adhering to federal criteria and meeting the criteria set forth in Section 4903 will be selected for submission to the Bureau for funding as follows: (a) Equal consideration will be given urban and rural areas. (b) Equal consideration will be given to the funding of state and local agencies. (a) Within the funds made available to individual state agencies by the State Liaison Officer, each eligible state agency will determine those projects for which applications will be submitted to the Bureau. (b) Within the funds made available for local projects by the State Liaison Officer and in accordance with paragraph (a) of Section 4902, the State Liaison Officer will select from the applications submitted by local agencies those projects for which applications will be submitted to the Bureau. s 4910. Application Format. Applications for assistance under this Program shall be prepared in such format and contain such information as the State Liaison Officer shall determine. Procedure guides for preparation of such applications shall be made available upon request from interested agencies. s 4911. Submission of Applications. Applications shall be submitted by such deadlines as may be established by the State Liaison Officer. (a) All eligible state and local agencies will be notified of such deadline. s 4920. Availability and Disbursement of Funds. Funds available under this program shall be disbursed pursuant to the terms and conditions of a contract, called a Project Agreement, between the State Liaison Officer and the applicant. The Project Agreement is a document separate from the application and the form thereof shall be determined by the State Liaison Officer. s 4930. Application; Form and Content. Applications for both block grants and grants based upon need shall be prepared and submitted as set forward in the "Procedural Guide and Program Criteria for the Roberti-Z'berg Urban Open-Space and Recreation Program," as published from time to time by the Department of Parks and Recreation. Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code. s 4931. Resolution of Applicant's Governing Body. An applicant shall include with the application one copy of its resolution authorizing the application to be made and specifying its agents for negotiation and execution of grant documents. Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code. s 4932. Certification by Legal Counsel. The application shall include the certifications by legal counsel required by Public Resources Code Section 5626(c). Note: Authority cited: Section 5625, Public Resources Code. Reference: Section 5626(c), Public Resources Code. s 4933. Compliance with CEQA. Documents prepared by an applicant in conformance with the California Environmental Quality Act shall be submitted to the State Clearinghouse prior to or at the same time as the application is filed. Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code. s 4934. Reports to State. Grant recipients shall submit reports of the grant annually on a date to be specified by the Department, including, but not limited to, the percentages of grant funds expended, the percentage of projects completed with description of the completed portions and any departures from the project schedule set forward in the application, with the reasons therefor. Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code. s 4935. Matching with Goods and Services. Grants for development may be matched by non-monetary contributions of goods and services supplied by the applicant, a third person, or by gift. (a) Goods in the form of equipment, whether applicant owned, purchased, leased, or donated will be valued on a use basis in accordance with actual costs of purchase or lease or on a depreciation schedule in accordance with applicant's normal accounting practices or prevailing costs of goods if donated. Equipment rental rates adopted by the California Department of Public Works may be used as a guide. Residual market value of purchased equipment shall be credited to projects costs upon completion. (b) Goods in the form of supplies and material will be valued at either actual direct costs to applicant or, if capitalized as part of a structure or item of equipment used on the project, that cost reasonably attributable to the projects, or if donated according to prevailing costs. (c) Services will be valued in the actual amounts of salaries, wages and direct overhead costs, expended on the project. (d) Volunteer services may be furnished by professional and technical personnel, consultants, and other skilled and unskilled labor. Each hour of volunteered service may be counted as matching share if the service is an integral and necessary part of an approved project. Records of in-kind contributions of personnel shall include time sheets containing the signature of the person whose time is contributed and of his supervisor verifying that the record is accurate. (e) Rates for volunteers should be consistent with those regular rates paid for similar work in other activities of the State. The time of a person donating his services will be valued at the rate paid as a general laborer unless he is professionally skilled in the work he is performing on the project (i.e., plumber doing work on pipes, mason doing work on a brick building). When this is the case, the wage rate this individual is normally paid for performing his service may be charged to the project. A general laborer's wages may be charged in the amount of that which the city or cities in the immediate area pay their city employees for performing similar duties. Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code. s 4950. Definitions. (a) "Director," as used herein, means Director of Parks and Recreation of the State of California. (b) "General Manager" means the General Manager of the California Exposition and State Fair. (c) "Cal-Expo" means the California Exposition and State Fair. (d) "Person," as used herein, shall be construed to mean and include natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee. (e) "Animal" is any animate being not human, which is endowed with the power of voluntary motion. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4951. Use of Facilities, Payment. No person shall use or occupy the grounds or facilities for the use of which a fee has been established by the General Manager, unless he has first paid such fee. This shall not apply to state officers and employees on official business nor to persons excepted by the General Manager. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4952. Litter. No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes, waste paper, cans, or other litter on the premises of Cal Expo except in a receptacle designed for that purpose. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4953. Fires. No person shall light, build, use, or maintain a fire on the premises of Cal Expo unless authorized by the General Manager. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4954. Dogs; Animals. (a) No person shall bring, permit to enter, or possess a dog or other animal on the premises of Cal Expo unless authorized in writing by the General Manager. (b) A dog or other animal authorized on the premises of Cal Expo shall be on a leash of no more than six feet in length and under the immediate control of a person or confined to a vehicle unless authorization is to the contrary. (c) A person authorized to bring or possess a dog on the premises of Cal Expo shall present proof that the dog has a valid license or rabies inoculation, except for dogs under five months old. (d) No person authorized to possess a dog or other animal on the premises of Cal Expo shall not permit it to remain outside a trailer, mobile home, recreational vehicle, or other enclosure during the night. (e) Subsections (a) and (b) shall not apply to a "seeing eye" dog used to guide a blind person there present, provided that the dog remains under the immediate control of the blind person and is not disturbing to other persons. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4955. Dangerous Weapons. No person shall carry or transport, in any manner, dangerous weapons or articles in or upon the buildings or grounds of Cal Expo. Such weapons or articles shall include, but not be limited to, any instrument commonly known as a blackjack, sling shot, billy, sandclub, sandbag, metal knuckles, any dirk, dagger, a pistol, revolver, or any other firearm, any knife having a blade longer than four inches, any razor with an unguarded blade and any metal pipe or bar, and any substance which can be exploded or burned in a manner which might produce bodily injury or damage to Cal Expo properties. The prohibitions of this section do not apply to persons carrying or transporting such items in connection with their duties as State employees or to persons conducting any other legitimate business, or service on Cal Expo premises. All such items shall be confiscated and shall not be returned until the person carrying or transporting such items leaves the buildings and grounds of Cal Expo. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4956. Assembly. No person shall conduct or attend an assembly or public demonstration unless approved by the General Manager upon a finding that such activity would not substantially interfere with the use of the Cal Expo facilities by the general public. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4957. Closing. No person shall enter or be present in any portion of Cal Expo after closing hours or in any area designated closed, unless authorized by the General Manager. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4958. Alcoholic Beverages. No person shall possess or consume any alcoholic beverage on the premises of Cal Expo which was not obtained from an authorized concessionaire located at Cal Expo unless authorized in writing by the General Manager. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4959. Soliciting. No person shall solicit, sell, hawk, or peddle any goods, wares, merchandise, liquids, or edibles for human consumption or distribute circulars on the premises of Cal Expo, unless authorized in writing by the General Manager. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4960. Speed Limit. No person shall drive a vehicle within the grounds of Cal Expo at a speed greater than is reasonable or prudent, having due regard for the traffic on, and the surface and width of, the road, and in no event at a speed which endangers the safety of persons, property, or animals, provided however, that in no event shall a vehicle be driven at a speed greater than 15 miles per hour. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4961. Vehicles -Operation, Stopping, Parking, Removal by Peace Officers. (a) No person shall operate any vehicle, negligently or willfully in such a manner as to harass, endanger, or injure any person or animal. (b) No person shall operate, stop or park a vehicle, except on a designated road or parking area, nor operate or park a vehicle on the premises of Cal Expo after closing hours. (c) Any peace officer with concurrent jurisdiction on the premises of Cal Expo or any member of the California Highway Patrol or any Cal Expo peace officer is authorized to cause the removal of a vehicle from the premises of Cal Expo under the provision of the Vehicle Code including, but not limited to, Section 22659, or Cal Expo regulations contained herein. (d) All individuals operating vehicles on the grounds of Cal Expo shall be properly licensed to operate such vehicles in accordance with the California Vehicle Code. The General Manager may authorize certain types of vehicles to be operated on the grounds of Cal Expo by other than licensed operators. (e) No person shall operate or ride a bicycle, scooter, skateboard or other operator-propelled device on the grounds of Cal Expo unless authorized in writing by the General Manager. Note: Authority cited: Food and Agricultural Code, Section 3324. s 4970. Application of Chapter 15. Chapter 15 applies only to grant and cooperative agreement applications received by the Off-Highway Motor Vehicle Recreation Division before January 1, 2006. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.64(1) and (2), 5090.04, 5090.05, 5090.10 and 5090.11, Public Resources Code. s 4970.00. Definitions. The words used in this chapter have the following meanings: (a) "Administrative Costs" means those costs and/or functions performed outside the direct scope of the project such as personnel, time keeping, accounting, fiscal management, records and purchasing. (b) "Allocation" means a distribution of funds, or an expenditure limit established for an organizational unit or function. (c) "All-Terrain Vehicle (ATV)" means any vehicle as defined by California Vehicle Code Section 111. (d) "Application" means a compilation of required documents to support a request for funding under the OHMVR Division's grants and cooperative agreements program for proposed project(s). (e) "Application Instructions" means directions for completing an application for an OHV grant or cooperative agreement found in Chapters 1, 2 and 3 of the Manual for Off-Highway Motor Vehicle Recreation Local Assistance Grants, Grants to Nonprofit Organizations and Educational Institutions, and Cooperative Agreements Program, dated April 2005. (f) "Appropriate District" means one that has clear legal responsibility for open space, recreation, parks, and resource related activities that are land based. (g) "Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose. (h) "Audits and Annual Performance Review" means elements to be reviewed by the Department of Parks and Recreation staff as part of a comprehensive program review conducted of grantees. (i) "Buffer" refers to lands or physical barriers acquired or established contiguous to, or in the vicinity of, existing or proposed off-highway motor vehicle recreational activities to protect plant and wildlife habitat, soils, view sheds, or reduce noise and other effects on development in the surrounding area for the purpose of sustaining off-highway motor vehicle recreation use. (j) "C&E" means a specific account that includes conservation, restoration, and enforcement activities as defined in PRC Sections 5090.64(a) and (b)(1) & (2). (k) "CEQA" means the California Environmental Quality Act, Public Resources Code (PRC) Section 21000 et seq.; Title 14, California Code of Regulations (CCR) Division 6, Chapter 3. (l) "Casual" means non-competitive OHV recreation. (m) "Certified" means a document that has been reviewed, approved, and signed by both the grantee and the Division. (n) "Commission" means the Off-Highway Motor Vehicle Recreation (OHMVR) Commission. (o) "Conservation" means activities, practices, and programs that sustain soil, plants, wildlife, and their habitat, and natural and cultural resources as referenced in PRC Sections 5090.10, 5090.35 and 5090.50. (p) "Construction" means the act of building or assembling using different parts, materials, or elements in an ordered manner including, but not limited to physical barriers, trail building, roads, facilities, hardening of stream crossings, fencing, sediment control structures, and facilities landscaping. (q) "Cooperative Agreement" means an agreement between the Division and a federal agency, or a federally recognized Native American tribe. (r) "Cultural Resources" are associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; are associated with the lives of persons important in our past; embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or has yielded, or may be likely to yield, information important in prehistory or history. Cultural resources also include Historical Resources. A resource shall be considered by the lead agency to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources (PRC Section 5024.1, Title 14 CCR, Section 4852). (s) "Deliverables" means the specific proposed tasks, activities to be performed, or accomplishments contained within each application. (t) "Deputy Director" means the manager of the California Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Division. (u) "Development" means the construction of new, and/or improvement of, existing facilities, trails, or areas to provide additional opportunity, experiences, or services. (v) "Director" means Director of the California Department of Parks and Recreation. (w) "Division" means the Division of Off-Highway Motor Vehicle Recreation (OHMVR) of the California Department of Parks and Recreation. (x) "Educational Institution" means a public or private preschool, elementary, or secondary school, college or university, or institution; the governing board of a school district; or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools in accordance with Section 210.1 of the Education Code. (y) "Environmental Document" means a document prepared in accordance with NEPA or CEQA. (z) "Federal Agency" means a unit of the federal government. (aa) "Federally Recognized Native American Tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village pursuant to Title 25, Code of Federal Regulations (CFR) Section 83.5(a). (bb) "Fiscal Audit" means elements to be reviewed by the Department of Parks and Recreation Audit Office staff as part of a comprehensive project agreement review conducted of grantees. (cc) "Fund" means the Off-Highway Vehicle Trust Fund as created by subdivision (c) of Section 38225, CVC. (dd) "Grant" means an agreement between a local agency, educational institution, or nonprofit organization. (ee) "Grantee" means any city, county, appropriate district, nonprofit organization, educational institution, federal agency, or federally recognized Native American tribe receiving OHV grant or cooperative agreement funds. (ff) "Law Enforcement" means the employing, equipping, and supervising of law enforcement personnel for the purpose of protecting natural, cultural, and human resources; enforcement of Division 16.5 (commencing with Section 38000) of the California Vehicle Code (CVC); enforcement of PRC Sections 4442 and 4442.5, off-highway vehicle related search and rescue; and the enforcement of other laws regulating the equipment and use of off-highway motor vehicles. (gg) "Law Enforcement Personnel" include officers or employees of the grantee who have the authority and duty to enforce statutes or ordinances, issue citations, or arrest persons for violations. For purposes of this section, "ordinance" includes an order, rule, or regulation enforceable under the authority of the grantee. (hh) "Local Agency" means a city, county, or appropriate district. (ii) "Long Term" means at a minimum, 25 years. (jj) "Maintenance" means the work required to ensure effective and efficient use of physical facilities, OHV recreation opportunities, and the protection of natural and cultural resources. (kk) "Monitoring" means data collection used by a land-management agency and/or the Division to make appropriate decisions. (ll) "NEPA" means the National Environmental Policy Act pursuant to United States Code (U.S.C.) Title 42, Section 4371; 40 Code of Federal Regulations (CFR) part 1500.1 et seq. (mm) "Nonprofit" means an organization having tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code. (nn) "Off-Highway Motorcycle" means any vehicle as defined in CVC 400 or 436, when such motor vehicle is operated on land to which this Division (CVC 38001) has jurisdiction. (oo) "Off-highway Vehicle Operation" means the operation of motorized vehicles on lands, roads, trails, areas, or private property that is approved for OHV use, that is open, and accessible to the public, and has been designated for motor vehicle use. (pp) "OHV" means an off-highway motor vehicle as specified in CVC Section 38006 and street-licensed motor vehicles while being used off-highway. (qq) "OHV Opportunities" means providing areas that allow legal OHV recreation. (rr) "Operation" means the staff and equipment required for site administration, visitor services, supervision, and assistance. (ss) "Project" means the work to be accomplished, either proposed or approved, with funding through an OHV grant or cooperative agreement. (tt) "Project Agreement" means a contract executed to formally implement an approved project. (uu) "Regional OHV Facility" means a facility, primarily for casual use, providing a wide variety of OHV opportunities for a wide range of OHV interests, that is 500 or more acres with a population of 500,000 within a 150- mile radius or three-hour travel time, and with the potential to become financially self-sustaining in accordance with criteria adopted by the Commission pursuant PRC Section 5090.51(b). (vv) "Repair" means to fix, mend, make new, or revitalize to sound condition after being damaged. (ww) "Reroute" means the closure of an existing segment of a trail or road and replacement with a new alignment that is superior from an environmental, maintenance, and/or visitor safety standpoint. (xx) "Restoration" means, upon closure of an OHV unit or any portion thereof, the restoration of land to the contours, the plant communities, and plant covers comparable to those on surrounding lands or at least those that existed prior to off-highway motor vehicle use. (yy) "Roads" include: logging roads, service roads, and other roughly graded roads upon which vehicular travel is permitted (CVC 38000). (zz) "Scientific Research" means research into questions posed by scientific theories and hypotheses and defined by measurable steps or operations (e.g., sample design, methodology, statistical inferences). (aaa) "Snowmobile" means any vehicle as defined in CVC 557. (bbb) "Unique" means the proposed project meets a need that stands out or differs from routine situations encountered and/or services routinely provided. (ccc) "Website" means the internet page of the Department of Parks and Recreation, OHMVR Division at (www.ohv.parks.ca.gov). (ddd) "Wildlife Habitat Protection Program (WHPP)/Habitat Management Program (HMP) are defined in Section 4970.16(c) of these regulations. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 4442, 4442.5, 5024.1, 5090.04, 5090.05, 5090.06, 5090.07, 5090.10, 5090.11, 5090.32, 5090.35, 5090.50, 5090.51(b) and 5090.64(b)(1) and (2), Public Resources Code; Sections 111, 400, 436, 38000, 38001, 38006, 38012 and 38225(c), Vehicle Code; 42 U.S.C. 4371; 43 U.S.C. 1601-1624; 40 CFR part 1500.1 et seq.; and Section 501(c)(3), U.S. Internal Revenue Code. s 4970.01. Program Purpose. The purpose of the Off-Highway Motor Vehicle Recreation (OHMVR) Division grants and cooperative agreements program is to provide financial assistance to agencies and organizations to develop, maintain, expand, and manage high quality OHV recreation areas and trails, and to responsibly maintain the wildlife, soils, and habitat of areas in a manner that will sustain long term OHV recreation in accordance with the legislative intent of Public Resources Code (PRC) Section 5090.02. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.02 and 5090.32(d), Public Resources Code. s 4970.02. Commission's Annual Program Review Meeting. Prior to the start of each grant cycle, the Commission shall conduct one public meeting to collect: 1) public input concerning the OHV grants and cooperative agreements program, 2) recommendations for program improvements, 3) public input for specific project needs for grants and cooperative agreements program areas. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.24(f) and 5090.32, Public Resources Code. s 4970.03. General Application Requirements. (a) The Manual for Off-Highway Motor Vehicle Recreation Local Assistance Grants, Grants to Nonprofit Organizations and Educational Institutions, and Cooperative Agreements Program (April 2005), which includes the Application Instructions for completing a grant or cooperative agreement application for OHV Trust Funds, is hereby incorporated by reference. (b) All single applications, or applications with multiple project types, that do not meet the deadline set by the Division for the grant cycle shall be returned to the applicant without consideration. (c) Applications, whether for single or multiple project types, shall include an application face sheet and application summary sheet in addition to meeting all of the requirements contained in the Application Instructions. Applications that do not meet these requirements shall be returned to the applicant without consideration. (d) The Division shall establish a timeline for the submission of applications and post the timeline on the Division website at a minimum of 45 days after the Commission's annual program review meeting. (e) The Division may request additional information of an applicant in order to clarify the application, project, or information submitted. (f) Questions concerning the application process and the interpretation of these regulations shall be submitted in writing to the Division. Responses to these questions will be made in writing via the Division website. The cutoff for questions to the Division will be five days prior to the final application deadline. (g) All applications shall include documentation of the public review process. The process shall include: (1) Public notice. Not later than 30 days prior to submitting the final application, applicants shall notice to the public of the opportunity to submit comments on the draft application. The notice shall be placed at a minimum in a local newspaper with additional notification in the applicant's newsletter and/or website. (2) Public review. Draft applications shall be made available for public review and comment prior to the submission of the final application to the Division for consideration. At a minimum, applicants shall make available to the public for the purpose of this review, the application face sheet, project description, project costs and deliverables, and if applicable, past project accomplishments. (3) Public comments. All public comments received by an applicant up to five days prior to the application deadline shall be included in the final application. In addition, all responses to comments made five days prior to the deadline shall be included in the application. An applicant shall also include a brief statement of how the public's comments were incorporated into the development of the application. (4) Late public comments. The applicant shall not be required to include public comments received less than five days prior to the final application deadline. All comments received less than five days prior to the final application deadline shall be forwarded to the Division by the applicant. (h) All local agency, educational institution, and nonprofit organization grant applications, and any federally recognized Native American tribe cooperative agreement applications shall include a completed Governing Body Resolution certified by the clerk of the governing body. The Division shall provide a sample form in the Application Instructions. (i) If a project will require more than one year to complete, an explanation of the timeline for completing the project shall be provided in the application. (j) All applications shall contain certification that the project is not in conflict with applicable planning documents. (k) Administrative costs may be requested as indicated in the Application Instructions not to exceed 10% of the total amount requested. (l) Grantees shall, if applicable, fill out a Project Accomplishment Report (PAR) regardless of project type in accordance with the Application Instructions. (m) All applications shall include a map of California identifying the general agency location. (n) All applications shall meet the applicable requirements of Sections 4970.15, 4970.16, and 4970.17. (o) For all projects, with the exception of education projects, each piece of equipment or tool in excess of $500 and up to $5,000 shall be identified as a line item within each application project type in the OHV grant or cooperative agreement application, as applicable. For all education projects, each piece of equipment or tool in excess of $250 and up to $5,000 shall be identified as a line item in the grant application as applicable. (p) All applicants shall identify the match to be used, if applicable, in accordance with Section 4970.18. (q) Awarding a grant or cooperative agreement does not guarantee ongoing or future OHV funding in any project category. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50, 5090.51 and 5090.53, Public Resources Code. s 4970.04. Acquisition Projects. (a) Acquisition projects expand and sustain adequate OHV recreation access, opportunities, eliminate trespass, and/or provide appropriate buffers. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for acquisition projects. (c) Examples of acquisition projects include, but are not limited to the following: (1) Purchase of right-of-way or easement. (2) Long-term lease. (3) Purchase of land in fee title. (4) Purchase of an option. (5) Other interests in real property, such as permits or licenses. (d) Eligible costs attributable to acquisition projects may include, but are not limited to the following: (1) Purchase price. (2) Appraisal. (3) Escrow fees. (4) Title insurance. (5) Title report. (6) Land survey. (e) Applications for acquisition projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description that identifies the total acreage involved, average cost per acre, easements, the number of parcels, project costs, and activities to be performed ( "deliverables"). (2) A description and location(s) of existing OHV use in and around the acquisition property. (3) Due diligence to determine if the property is usable for its intended purpose. (4) Project specific map(s). (5) An acquisition plan, including ability to accomplish projects. (6) Assessor parcel maps. (7) A needs description that shall include the following: (A) How the project is designed to provide for efficient use of funds. (B) The applicant's ability to implement the program, cover future operational costs, and provide staffing. (C) Implications of not funding the project. (D) How the acquisition improves existing, future, or unique OHV use in the region. (E) How the acquisition will meet visitor needs. (8) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. (f) All acquisitions shall be acquired in compliance with Chapter 16 (commencing with Section 7260), Division 7, Title 1, Government Code, "Relocation Assistance." Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32 and 5090.50, Public Resources Code; Title 1, Division 7, Chapter 16, Section 7260 et seq., Government Code. s 4970.05. Development Projects. (a) Development projects provide new OHV recreation opportunity or experience in the form of new facilities, trails, or areas. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for development projects. (c) Examples of development projects include, but are not limited to the following: (1) Trail construction. (2) Trailhead/staging area construction. (3) Restroom construction. (4) Access road and parking lot construction. (5) Picnic and camping facilities construction. (6) Construction projects to reduce use conflicts. (7) Competition and spectator facilities. (8) Other related improvements such as visitor centers, kiosks, facility fencing, greenhouses, utilities installation (i.e., water, electrical, sewer), and storage buildings. (d) Public casual use of facilities shall not be less than 60% of the total use in areas funded with OHV grant funds. (e) Applications for development projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) At a minimum, conceptual drawings and site plans for the project. (3) Land tenure certification to the Division as indicated in the Application Instructions. (4) Project specific map(s) and, if applicable, trails map(s). (5) A needs description that shall include the following: (A) How the project is designed to provide for efficient use of funds. (B) An estimate of recurring maintenance costs associated with the project and the applicant's ability to cover those costs. (C) Implications of not funding the project. (D) How the project supports a unique opportunity or experience. (E) How the project will meet visitor needs. (F) How volunteer participation enhances the project. (6) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. (f) Grantees are required to meet all appropriate access requirements under State or Federal law as applicable, including, without limitation, the Americans with Disabilities Act of 1990 (Public Law 101-336, July 26, 1990, 104 Stat 327). Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code; Public Law 101-336, July 26, 1990, 104 Stat. 327. s 4970.06. Equipment Projects. (a) Equipment projects are for purchase or repair of single or multiple items exceeding $5,000 (excluding tax). (b) Projects for repair shall be due to normal wear and tear. (c) Cities, counties, appropriate districts, federal agencies, federally recognized Native American tribes, educational institutions, and nonprofit organizations are eligible to apply for equipment purchases. (d) Examples of equipment purchase or repair include, but are not limited to the following: (1) Motorcycles. (2) All-terrain vehicles. (3) Four-wheel drive vehicles. (4) Snowmobiles. (5) Traildozers. (6) Mini excavators. (7) Sound testing equipment. (8) Engine replacement. (9) Track replacement. (10) Major mechanical overhaul if it is determined that repairs are more cost effective than the purchase of a new piece of equipment. (e) Applications for equipment shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) A brief description of how the equipment will be maintained and stored. (3) A needs description that shall include the following: (A) How the equipment purchase or repair provides for efficient use of funds. (B) Implications of not funding the equipment purchase or repair. (C) How the equipment to be purchased addresses a unique need. (4) When applicable, nonprofit organization and educational institution applicants shall have a written agreement with the land management agency or landowner to use the equipment on the land. (5) An equipment inventory list identifying all equipment previously purchased (over $5,000) using OHV Trust Funds, and any items to be replaced or repaired. The list shall include the item, model number, vehicle identification number (VIN/ID), registration number, and mileage or hours. (6) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. (f) Equipment purchased exclusively with OHV Trust Funds shall be used only on OHV projects. (g) The applicant shall have written approval from the Division prior to purchase of tools or equipment exceeding $500 which are not identified in a certified project agreement. (h) Applicants applying for one single off-highway motorcycle, ATV, or snowmobile may list that purchase, regardless of purchase price, as a single line item in one application project type. (i) Applicants applying for multiple equipment purchases exceeding $5,000 (excluding tax) shall submit an equipment application. (j) Any single equipment purchase having a total cost equal to or greater than $30,000, with at least half of the purchased costs paid from OHV Trust Funds, shall be registered in the Division's name, used in the grantee's OHV program for the normal life of the equipment, and then returned at the discretion of the Division for disposal or sale. Notification to the Division that an equipment item is eligible for surplus is the responsibility of the grantee. The Division shall respond to the grantee within 60 days of receipt of the notice of eligibility for the surplus and shall provide guidance to the grantee for the sale or disposition of the equipment item. (k) Grantees shall keep tools and equipment purchased with OHV Trust Funds maintained and in safe working order. (l) For one time purchases, applicants shall consult with the Division to determine the most cost effective method of acquiring equipment for the proposed project or activity; whether rent, lease, or purchase. The Division retains the right to require the grantee to return purchased equipment to the Division at the end of the contract or project for reuse in the program. (m) All equipment purchased with OHV Trust Funds must display an approved version of the OHMVR Division "OHV Trust Funds at Work" insignia. Grantees may obtain insignias free of charge from the Division. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.07. Facilities Operation and Maintenance (FO&M) Projects. (a) Facilities operation and maintenance projects are for routine work directed toward facilities, visitor assistance, and health and safety attributable to OHV recreation. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for facilities operation and maintenance projects. Educational institutions and nonprofit organizations are not eligible to apply for facilities operation and maintenance projects. (c) Examples of facilities operation and maintenance activities include, but are not limited to the following: (1) Facility servicing, including, but not limited to painting, cleaning restrooms, and maintaining kiosks. (2) Volunteer support and coordination. (3) Visitor services (excluding law enforcement). (4) Snow plowing. (5) Trash collection. (6) Purchase of first aid equipment and supplies. (7) Map/brochure design and printing. (8) Physical barriers and other means of traffic control. (9) Purchase of tools and equipment, totaling up to $5,000 (excluding tax). (10) Sign boards, regulatory, and directional signs. (11) Water system maintenance and testing. (12) OHV site management. (13) OHV program management. (14) Repaving existing parking lots or roads. (15) Repairs to staging areas or structures. (16) Re-roofing. (17) Electrical repairs. (d) Applications for facilities operation and maintenance projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s). (3) A needs description that shall include the following: (A) How the project is designed to provide for efficient use of funds. (B) Implications of not funding the project. (C) How the level of service will be adequate to meet visitor needs. (D) How the work helps to extend the useful life of the facilities subject to recurring maintenance. (E) How volunteer participation enhances the project. (4) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resource Code. s 4970.08. Law Enforcement Projects. (a) Law enforcement projects provide assistance to local and federal agencies for enforcement of OHV laws, public safety, OHV related search and rescue, personnel support, placement of barriers and other means of traffic control, and training. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for law enforcement projects. (c) Examples of law enforcement projects include, but are not limited to the following: (1) Personnel for OHV related law enforcement patrol and search and rescue. (2) Training and equipment for OHV related law enforcement and search and rescue. (3) Contracts for OHV related law enforcement patrol, including air support. (4) Fuel and maintenance for off-highway or dual purpose OHV patrol vehicles. (5) Placement of physical barriers and other means to control illegal access. (6) Purchase and installation of signs related to OHV law enforcement. (7) OHV law enforcement outreach, including personnel and educational materials. (d) Applications for law enforcement projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s) and trails map(s) containing: 1) all areas to be patrolled, 2) areas of special concern, and 3) areas with recurring law enforcement issues. (3) A law enforcement plan as described in the Application Instructions. (4) A needs description that shall include the following: (A) How the project is designed to provide for efficient use of funds. (B) Implications of not funding the project. (C) How the project addresses a unique enforcement issue. (D) How the level of law enforcement will be adequate to address the issue(s). (E) How the project protects and improves the recreational experience, the environment, safety, or the recreation opportunity. (F) How volunteer participation enhances the project. (5) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.50 and 5090.64(b)(2), Public Resources Code; and Section 38000, Vehicle Code. s 4970.09. OHV Safety or Education Program Projects. (a) OHV safety or education program projects teach safe and environmentally responsible operation of OHVs. (b) Cities, counties, appropriate districts, federal agencies, federally recognized Native American tribes, educational institutions, and nonprofit organizations are eligible to apply for safety education or education program projects. (c) OHV safety or education program projects include, but are not limited to the following: (1) Safety orientation and training. (2) Site rental and insurance. (3) Program and school outreach, including noise restrictions, responsible riding, public service announcements, ATV safety, etc. (4) Curriculum development. (5) OHV safety or educational handbooks, including vehicle operations, towing, environmental education, etc. (6) Website development and other electronic media supporting safety and educational program projects. (d) Applications for OHV safety or education program projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) A general description of the purpose and specific content of the educational material to be developed for the project including training locations. (3) Describe how the deliverables will contribute to the instruction of safe and/or environmentally responsible operation of OHVs. (4) If site specific, project specific map(s). (5) A needs description that shall include the following: (A) How the project is designed to provide for efficient use of funds. (B) Implications of not funding the project. (C) How the project provides unique or required OHV training, orientation, or education. (D) How the project serves the targeted population. (E) How the project improves the recreational experience, the environment, safety, or the opportunity. (F) How volunteer participation enhances the project. (6) When applicable, nonprofit organization and educational institution applicants shall have a written agreement with the land management agency or landowner to perform the project. (7) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.10. Planning Projects. (a) Planning projects are intended to determine the viability of an area and/or project, and design solutions for effected areas and/or projects prior to the commitment of acquisition, development, or other funds. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for planning projects. (c) Examples of planning projects include, but are not limited to the following: (1) A plan to complete route designations, including, but limited to: (A) Existing uses. (B) Plants. (C) Animals. (D) Cultural resources. (E) Roads. (F) Inventories of roads, trails, and routes. (2) A WHPP/HMP (PRC Section 5090.35). (3) A plan to address toxic or hazardous waste within an area and adjacent property that may impact the site. (4) A plan to address the potential effects of OHV recreation on: (A) Adjacent lands. (B) Residents. (C) Potential conflict with other recreational users. (5) A plan to address OHV recreation activity as it effects air and water quality, including a strategy for resolution. (6) Environmental documents, including CEQA or NEPA, for potential OHV projects prepared in accordance with the requirements of Section 4970.15 of these regulations. (7) The preparation of a Recreation Management Plan, OHV Plan, or the OHV portion of a General Plan. (d) Applications for planning projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s) and trails map(s) (if applicable). (3) Anticipated timeline for implementation of projects based on the completed plan (if applicable). (4) A needs description that shall include the following: (A) Implications of not funding the project. (B) How volunteer participation enhances the project. (C) How the project will result in or sustain OHV opportunity. (D) The connection between the project and the OHV issue or problem the plan proposes to address, and the expected outcomes of the plan. (5) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code. s 4970.11. Resource Management Projects. (a) Resource management projects conserve, protect, or repair natural or cultural resources affected by OHV activities, including monitoring those activities to provide data that will allow for appropriate management decisions related to the project. (b) Cities, counties, appropriate districts, federal agencies, federally recognized Native American tribes, educational institutions and nonprofit organizations are eligible to apply for resource management projects. (c) Examples of resource management projects include, but are not limited to the following: (1) Conservation or repair of areas. (2) NEPA or CEQA for resource management projects. (3) Construction projects related to conservation such as: (A) Habitat or cultural resource protection. (B) Habitat or cultural resource mitigation. (C) Habitat improvement. (D) Signing. (E) Implementation of best management practices, including sediment control structures and stream crossing improvements. (4) WHPP/HMP implementation. (5) Monitoring. (6) Surveys. (d) Applications for resource management projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s) and, if applicable, trails map(s). (3) A needs description that shall include the following: (A) How the project is designed to provide for efficient use of funds. (B) Implications of not funding the project. (C) Innovative aspects of the project. (D) How the project adequately addresses the resource concerns. (E) How volunteer participation enhances the project. (4) When applicable, nonprofit organization and educational institution applicants shall have a written agreement with the land management agency or landowner to perform the project. (5) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.12. Restoration Projects. (a) Restoration projects restore land, plant communities, and plant covers comparable to those of surrounding lands or at least those that existed prior to OHV use, upon closure of a unit or portion of a unit. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for restoration projects. (c) Examples of restoration include, but are not limited to the following: (1) Restoring and stabilizing land contours. (2) Planting and/or reintroduction of native plants, shrubs, trees, or groundcovers. (3) Construction of physical barriers and other means of traffic control to prevent use of the area by off-highway motor vehicles in order to achieve restoration. (d) Eligible costs attributable to restoration projects may include, but are not limited to the following: (1) Restoration of areas and routes damaged by OHV use. (2) The closed portions of reroutes. (3) Monitoring to assure success of closures, vegetation, and soils work. (4) Signing associated with closures. (5) Fencing or barriers used to close an area, trail, or road. (6) CEQA or NEPA for the restoration project. (7) Project engineering and project-level ( "on the ground") administration (not overhead) for the project. (8) Public information and/or education directly tied to the specific restoration project. (e) Applications for restoration projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s) and representative photographs of restoration sites. (3) An explanation of what law enforcement efforts will be performed to support the restoration sites/projects. (4) Descriptions of the success criteria that will be used and the monitoring that will be implemented to measure, to the extent possible, the successful outcome of the restoration project. Where applicable, include an anticipated timeline for implementation of projects based on the completed plan. (5) A needs description that shall include the following: (A) How the project is designed to provide for efficient use of funds. (B) Implications of not funding the project. (C) How the project helps to protect, restore, or conserve resources. (D) Innovative aspects of the project. (E) How volunteer participation enhances the project. (6) A restoration environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.50 and 5090.64(a), Public Resources Code. s 4970.13. Studies And Scientific Research Projects. (a) Studies and scientific research projects evaluate, estimate, analyze, and address the possible impact on, or of, OHV recreation and develop responsive management recommendations. (b) Cities, counties, appropriate districts, federal agencies, federally recognized Native American tribes, educational institutions, and nonprofit organizations are all eligible to apply for studies and scientific research projects. (c) Studies and scientific research projects on OHV recreation may include, but are not limited to those that address: (1) Potential effects of OHV recreation on natural and cultural resources. (2) Potential effects of OHV recreation on other recreation uses. (3) Potential effects of OHV recreation on adjacent lands. (4) Potential impact on relationships between OHV recreation and local residents. (5) Further technological advances to reduce noise, air, and water pollution from OHVs. (6) Geologic survey and slope maps or topographic maps. (7) Site surveys for toxic or hazardous waste within an area and adjacent property that may impact the site. (8) Study of potential acquisitions to determine the need to buffer the effects of OHV activities, and/or to provide future opportunity. (d) Applications for studies and scientific research projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s) and, if applicable, trails map(s). (3) Study design and/or plan listing a description of the study goals, objectives, and methodologies. (4) A timeline for completion of the study or scientific research project. (5) For scientific research projects, include documentation of peer review of the study plan. The peer review shall be conducted by at least three qualified experts from the scientific discipline or related fields. (6) A needs description that shall include the following: (A) How the project is designed to provide for efficient use of funds. (B) Implications of not funding the project. (7) A history of past performance and experience conducting studies and scientific research projects. (8) When applicable, nonprofit organization and educational institution applicants shall have a written agreement with the land management agency or landowner to perform the study or scientific research. (9) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, and 5090.50, Public Resources Code. s 4970.14. Trail Maintenance, Trail Conservation, and Trail Reroute Projects. (a) These projects are made up of three components: trail maintenance, trail conservation, and trail reroute. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for trail maintenance, trail conservation, and trail reroute projects. Educational institutions and nonprofit organizations are only eligible to apply for trail conservation and conservation work related to trail reroute projects. (c) Trail maintenance related work is routine work on trails or areas, including, but not limited to the following: (1) Brushing. (2) Trail signing. (3) Fallen tree removal. (4) Tread work related to safety or ease of passage. (5) Grooming (rock rakes). (d) Trail conservation related work involves repair tied directly to natural or cultural resource conservation activities, such as: (1) Erosion and/or sediment control. (2) Vegetation protection. (3) Cultural resource protection. (4) Habitat protection. (e) Trail reroute work includes: (1) Closing the existing trail or trail segment, including restoration activities. (2) Replacement of the closed trail segment with superior alignment. (f) Applications for trail maintenance, trail conservation, and trail reroute projects shall include all the information required under Section 4970.03 plus the following: (1) All applications shall include a general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s) and trails map(s). (3) A needs description that shall include the following: (A) How the project is designed to provide for efficient use of funds. (B) Implications of not funding the project. (C) How the project supports a unique opportunity or experience. (D) How the project helps to extend the useful life of the trail system. (E) How volunteer participation enhances the project. (4) For trail maintenance, include a proposed maintenance plan. (5) When applicable, nonprofit organization and educational institution applicants shall have a written agreement with the land management agency or landowner to perform the project. (6) An environmental review data sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.15. CEQA Requirements. (a) The Division is required to comply with the California Environmental Quality Act (CEQA) (PRC Section 21000 et seq.) prior to the approval of all grants and cooperative agreements under the OHMVR grants and cooperative agreements program. (b) All city, county, appropriate district, educational institution and nonprofit organization applicant projects shall provide the required documentation for the Division to determine that final CEQA compliance has been met. Compliance shall be determined by one of the following: (1) A Categorical Exemption (CE) or equivalent information that follows a project evaluation form and Notice of Exemption consistent with the Application Instructions, or (2) An Initial Study/Negative Declaration (IS/ND) or an Initial Study/Mitigated Negative Declaration (IS/MND) for activities that are not categorically exempt, but fit within the definition of activities that may be covered by a ND under CEQA, or (3) An Environmental Impact Report (EIR) or focused EIR if the proposed activity poses a potentially significant impact as defined in an IS/ND checklist, or meets any of the tests for mandatory findings of significance in an IS/ND checklist provided in the Application Instructions, or (4) Other documentation that satisfies the requirements of CEQA. (c) All federal agency and federally recognized Native American tribe applicants shall submit completed project-related NEPA compliance documentation, and the responses to questions required by Section VI of the Application Instructions, to allow the Division to make a sufficient project review to determine the appropriate level of CEQA compliance and any additional environmental documentation required. (d) Within forty-five days (45) of receipt, the Division will review all applications for environmental compliance and return those applications that do not comply with the Application Requirements. (e) Within forty-five days (45) of determining that Applications have complied with the Application Requirements, the Division will review those cooperative agreements that comply with the Application Requirements and determine what additional documentation or information is required for the Division to complete the requirements for CEQA, together with an assessment of the amount of further CEQA analysis and compliance that may be required. The Division cannot promise to complete the added CEQA work needed if the time and resources required exceed the time and resources available to complete the grant program selection process. If the Division determines that it cannot complete the necessary additional CEQA work, it reserves the right to inform the applicant in writing and return the application and supporting materials. (f) If the Division determines that additional information is required for the cooperative agreement applications to comply with CEQA and that such work may be completed with existing resources and within the timeframe for the grant process, it will request such additional documentation from the applicant be returned within ten (10) days of the written data request. (g) Applicants for cooperative agreements who do not return the requested additional information within the ten-day time limit will have their applications returned without further processing. (h) For those applications for cooperative agreements that are accepted for further CEQA compliance by the Division, the Division will use its best efforts to cause the CEQA compliance work to be completed in sufficient time for final Commission allocation of funds and approval of the activities to be funded ( "deliverables") for the project(s). However, the Division cannot guarantee the project will be certified as CEQA compliant. Also, the Division reserves the right to cease CEQA compliance work if it determines the project may not be funded in light of the project evaluation and scoring process and submission of the project to the Commission grant subcommittee for preliminary review and funding allocations. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50(g), Public Resources Code. s 4970.16. Wildlife Habitat Protection Program (WHPP) / Habitat Management Program (HMP). (a) A Wildlife Habitat Protection Program (WHPP) is an animal and plant Habitat Management Program (HMP) designed to sustain a viable species composition for the project area, pursuant to PRC Sections 5090.35 (b) and 5090.50. (b) All federal agency and federally recognized Native American tribe applications for acquisition, development, equipment, facilities operation and maintenance, OHV safety or education program, planning, resource management, restoration, studies and scientific research, and trail maintenance, trail conservation, trail reroute projects shall submit a WHPP/HMP to sustain a viable species composition for the project area. (c) Prior to approval of a grant, all city, county, and appropriate district applicants for acquisition and development projects shall develop, pursuant to PRC Section 5090.53, a WHPP/HMP to sustain a viable species composition for the project area. (d) Law enforcement is exempt from a WHPP/HMP pursuant to PRC Sections 5090.50(i) and 5090.53(b). (e) A WHPP/HMP shall follow the Application Instructions, and include the following components as applicable: (1) Species or habitats of concern related to OHV use. (2) Risk factors associated with OHV use. (3) Management objectives and actions, including success criteria. (4) Monitoring. (5) Management review and response. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. s 4970.17. Soil Conservation Program. (a) All federal agency and federally recognized Native American tribe applications for acquisition, development, equipment, facilities operation and maintenance, OHV safety or education program, planning, resource management, restoration, studies and scientific research, and trail maintenance, trail conservation, and trail reroute projects shall submit evidence showing that a soil conservation program for the project area has been met. (b) Prior to approval of a grant, all city, county, and appropriate district applicants for acquisition and development projects shall develop, pursuant to PRC Section 5090.53, a soil conservation program for the project area. (c) Law enforcement is exempt from soil conservation program requirements pursuant to PRC Sections 5090.50 (i) and 5090.53 (b). (d) The soil conservation program shall comply with PRC 5090.35, 5090.50, and 5090.53, and the Application Instructions; and shall also comply with the Soil Conservation Guidelines/Standards for Off-Highway Vehicle Recreation Management (11/14/91), herein incorporated by reference. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. s 4970.18. Match Requirements. (a) Cities, counties, and appropriate districts, nonprofit organizations, and educational institutions shall provide matching funds or the equivalent value of services, material, or property used, in an amount of not less than 25 percent of the total expense of the off-highway motor vehicle facility to be funded by the grant. (b) All federal agencies and federally recognized Native American tribes are exempt from the matching funds requirement in accordance with PRC Section 5090.51(a). (c) There shall be no matching fund requirement for grant applications that request funding for the planning, acquisition, development, or construction of a regional off-highway motor vehicle facility as defined in Section 4970.00(uu). (d) Cities, counties, and appropriate districts must provide a match as follows: (1) For acquisition projects, in non-regional facilities only. (2) For development projects, in non-regional facilities only. (3) For equipment projects, in all facilities. (4) For facilities operation and maintenance projects, in all facilities with the exception of construction activities in regional facilities. (5) For law enforcement projects, in all facilities. (6) For OHV safety or education program projects, in all facilities. (7) For planning projects, in non-regional facilities only. (8) For resource management projects, in all facilities with the exception of construction activities in regional facilities. (9) For restoration projects, in all facilities with the exception of construction activities in regional facilities. (10) For studies and scientific research projects, in all facilities. (11) For trail maintenance, trail conservation, and trail reroute projects, in all facilities with the exception of construction activities in regional facilities. (e) Nonprofit organizations and educational institutions must provide a match as follows: (1) For equipment projects, in all facilities. (2) For OHV safety or education program projects, in all facilities. (3) For resource management projects, in all facilities with the exception of construction activities in regional facilities. (4) For studies and scientific research projects, in all facilities. (5) For trail conservation projects and conservation work related to trail reroute projects, in all facilities with the exception of construction activities in regional facilities. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.51, Public Resources Code. s 4970.19. Application Evaluation System. (a) OHMVR grants and cooperative agreements shall be awarded on a competitive basis. An evaluation system will be used to evaluate each type of project within an application. (b) The application evaluation system to be used by the Division for each single or multiple project application will consist of evaluation criteria, scoring, ranking and funding determinations as indicated in the Application Instructions, Chapter 2. (c) Division staff shall ensure that all grant and cooperative agreement applications forwarded to the Commission shall comply with the Application Instructions and the following sections: (1) Acquisition projects, Section 4970.04(e). (2) Development projects, Section 4970.05(e). (3) Equipment projects, Section 4970.06(e). (4) Facilities operation and maintenance (FO&M) projects, Section 4970.07(d). (5) Law enforcement projects, Section 4970.08(d). (6) OHV safety or education program projects, Section 4970.09(d). (7) Planning projects, Section 4970.10(d) (8) Resource management projects, Sections 4970.11(d). (9) Restoration projects, Section 4970.12(e). (10) Studies and scientific research projects, Section 4970.13(d). (11) Trail maintenance, trail conservation, and trail reroute projects, Section 4970.14(f). (d) For those grants and cooperative agreements program applications that are complete as submitted, an evaluation panel of not less than five Division staff members shall use the evaluation system to evaluate, score, rank and provide funding determinations for each single or multiple project application. Applications determined to be incomplete shall be returned to the applicant without being processed through the evaluation system and will not be forwarded to the Commission for consideration. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.24 and 5090.32, Public Resources Code. s 4970.20. Commission Allocation of Funds and Approval of Grants and Cooperative Agreements Program Applications. (a) Applications shall be considered once annually as long as OHV Trust Funds are available. (b) Applications that have undergone the application evaluation system shall be considered complete thereby meeting all required application standards outlined in section 4970.03, as well as individual project sections, and be presented to the Commission for consideration at duly scheduled Commission meetings. (c) Division staff shall ensure that all grant and cooperative agreement applications forwarded to the Commission subcommittee or Commission as a whole include the following: (1) Application face sheet in compliance with the Application Instructions; (2) General project description of the OHV program in compliance with the Application Instructions; (3) Needs description; (4) Description of public involvement in compliance with Section 4970.03(g)(1) through (4) of these regulations; (5) Project description and project costs and deliverables in compliance with the Application Instructions. (d) The Commission may designate a grants and cooperative agreements program subcommittee to hold public meetings for preliminary consideration of the grant or cooperative agreement applications that have been evaluated, scored, ranked, and have received funding determinations by the Division. The subcommittee may make funding recommendations to be used as the basis for the consent calendar at the Commission's final annual grant program allocation meeting(s). (e) The Commission shall allocate grants and cooperative agreement program funds and approve the activities to be performed ( "deliverables") of the grants or cooperative agreement applications and/or project(s) after hearing public and applicant testimony, Division input, and considering any other written comments. The Division shall prepare and execute project agreements to implement the funding allocations and approved activities ( "deliverables") for the approved project agreements. (f) The Division shall send to the Resources Agency and to the applicants a copy of the Commission's funding allocations. Other organizations and interested parties may receive a copy of the Commission's funding allocations upon written request to the Division or view the allocations on the Division website. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.61, Public Resources Code. s 4970.21. Accounting, Annual Audits and Performance Reviews, and Site Visits. (a) The grantee shall maintain financial accounts, documents, and records for all projects and shall make them available to the Department of Parks and Recreation's auditor. (b) The Division shall have the right to inspect and/or make copies of any books, records, or reports of the grantee pertaining to all projects. (c) The grantee shall use generally accepted accounting methods. (d) The grantee shall retain all financial accounts, documents, and records until a project has been audited including the performance of expenditures of the grantee by the Department of Parks and Recreation, to determine compliance with the project agreement and deliverables. (e) Upon completion of the Department of Parks and Recreation audit, the grant recipient shall be provided with a copy of the final audit report that shall contain the results of the audit including performance review. (f) If the audit results identify an overpayment to the grantee, the grantee shall have sixty (60) days to refund the overpayment to the State. (g) The Division may at anytime, with a minimum of fourteen days notice, conduct site visits to review the grantee's program, taking into consideration past and current performance. (h) The Division, based on the site visit, shall develop a report containing comments and recommendations designed to improve the grantee's program. (i) All comments and recommendations identified in the site visit report by Division staff and received by the applicant 60 days prior to the application filing deadline, shall be incorporated into the grant application for the upcoming grant cycle. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code. s 4970.22. Operation and Maintenance of OHV-Funded Facilities. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.51, Public Resources Code. s 4970.23. Use of OHV-Funded Facilities. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.50 and 5090.51, Public Resources Code. s 4970.24. Project Agreement. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.50 and 5090.53, Public Resources Code. s 4970.25. Amendment to Project Agreement. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code. s 4970.26. Re-Scope of Project Agreement. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code. s 4970.27. Annual Application Review Meetings. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.24 and 5090.32, Public Resources Code. s 4970.28. Application Guide - General. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code. s 4970.29. Accounting, Audits, and Annual Performance Review - General. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.30. Project Termination. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.31. Conservation and Enforcement Services Account. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50, 5090.53 and 5090.64, Public Resources Code; Section 8352.8, Revenue and Taxation Code; and Sections 38000 and 38370, Vehicle Code. s 4970.32. Evaluation Criteria. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.23, 5090.24(f), 5090.32 and 5090.50, Public Resources Code. s 4970.49. Application of Chapter. Chapter15.5 applies only to grant and cooperative agreement applications received by the Off-Highway Motor Vehicle Recreation Division on or after January 1, 2006 s 4970.50. Definitions. The words used in this chapter have the following meanings: (a) "Act" means the Off-Highway Motor Vehicle Recreation Act of 2003, commencing at Public Resources Code Section 5090.01, or any subsequent amended versions. (b) "Administrative Costs" means costs of functions or activities directly performed in support of the scope of work or activities on the project. Examples of administrative costs include, but are not limited to, costs of such activities as personnel, time keeping, accounting, fiscal management, record keeping and/or purchasing. (c) "Allocation" means a determination of funds to be made available for, or an expenditure limit established for, an organizational unit or function, a project or work activity or deliverable. (d) "All-Terrain Vehicle (ATV)" means any vehicle as defined by California Vehicle Code Section 111. (e) "Application" means a compilation of required documents in conformance with these regulations to support a request for funding from the Off-Highway Motor Vehicle Recreation (OHMVR) Division's grants and cooperative agreements program for proposed project(s). (f) "Application Instructions" means directions for completing an application for an OHV grant or cooperative agreement found in Chapter 1 of the Off-Highway Motor Vehicle Recreation Division Manual for Grants and Cooperative Agreements dated March 2006. (g) "Appropriate District" means one that has clear legal responsibility for open space, recreation, parks, and resource related activities that are land based. (h) "Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose and usually for a specific period of time. (i) "Audits" means a comprehensive review in accordance with Generally Accepted Auditing Standards of all expenditures or other fiscal and/or programmatic elements of expired project agreements funded pursuant to PRC Section 5090.50 for compliance with law, program objectives, and fiscal and/or programmatic soundness of contract, grant and/or cooperative agreement. (j) "Buffer" refers to lands or physical barriers acquired or established contiguous to, or in the vicinity of, existing or proposed off-highway motor vehicle recreational activities to protect plant and wildlife habitat, soils, view sheds, or reduce noise and other effects on real estate development in the surrounding area for the purpose of sustaining OHV recreation. (k) "CEQA" means the California Environmental Quality Act, Public Resources Code (PRC) Section 21000 et seq.; Title 14, California Code of Regulations (CCR), Division 6, Chapter 3, Article 20. (l) "Casual" means non-competitive OHV recreation. (m) "Certified" means a document that has been reviewed, approved, and signed by both the grantee and the Division. (n) "Commission" means the Off-Highway Motor Vehicle Recreation (OHMVR) Commission. (o) "Conservation" means activities, practices, and programs developed and/or implemented in connection with ongoing OHV recreation that sustain and preserve soils, plants, wildlife and their habitat, and natural and cultural resources as referenced in or required by PRC Sections 5090.10, 5090.35, 5090.50, and 5090.53. (p) "Construction" means the act of building or assembling using different parts, materials, or elements in an ordered manner including, but not limited to, physical barriers, trails, roads, facilities, hardening of stream crossings, fencing, sediment control structures, and facilities landscaping. (q) "Cooperative Agreement" means an agreement between the Division and a federal agency, or a federally recognized Native American tribe for the purposes authorized and defined in PRC 5090.50 and these regulations. (r) "Cultural Resources" are associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; are associated with the lives of persons important in our past; embody the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or have yielded, or may be likely to yield, information important in prehistory or history. Cultural resources also include Historical Resources. Historical Resources include, but are not limited to, any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. A resource shall be considered by the lead agency to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources (PRC Section 5024.1, Title 14 CCR, Section 4852). (s) "Deliverables" means the specific proposed tasks, activities to be performed, or accomplishments to be funded as defined within each project application and any resulting approved project agreement. (t) "Deputy Director" means the manager of the California Department of Parks and Recreation, OHMVR Division. (u) "Development Project" means the construction of new, and/or improvement of existing, facilities, roads, trails, or areas to improve existing or provide additional opportunity, experiences, or services for OHV recreation. (v) "Director" means Director of the California Department of Parks and Recreation. (w) "Division" means the Division of OHMVR of the California Department of Parks and Recreation. (x) "Division Website" means the internet page of the Department of Parks and Recreation, OHMVR Division at (www.ohv.parks.ca.gov). (y) "Due Diligence" means to conduct or cause to be conducted an investigation of all aspects of property proposed to be acquired and/or developed using grants funds, including but not limited to: availability of utilities, waste disposal facilities, suitability of the property/project for intended use including applicable permits and other governmental approvals, presence or absence of any hazardous wastes on or under the property/project, presence of improvements on the property, environmental compliance, access easements, and all critical facts and assumptions used in developing the proposed project that would assist in evaluating the success of the project in providing OHV recreational opportunities and to avoid and/or minimize potential risks which could impair the future sustainability of OHV recreation. (z) "Educational Institution" means a public or private preschool, elementary, or secondary school, college or university, or institution; the governing board of a school district; or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools in accordance with Section 210.1 of the Education Code. (aa) "Environmental Document" means a document prepared in accordance with National Environmental Policy Act (NEPA), or California Environmental Quality Act (CEQA). (bb) "Federal Agency" means a unit of the federal government. (cc) "Federally Recognized Native American Tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village pursuant to Title 25, Code of Federal Regulations (CFR) Section 83.5(a). (dd) "Fiscal Audit" means a review of the grantee's relevant financial records by the Department of Parks and Recreation Audit Office staff or other Department designee. (ee) "Fund" means the Off-Highway Vehicle Trust Fund as created by subdivision (c) of Section 38225, CVC. (ff) "Grant" means an agreement between the Division and a city, county, appropriate district, educational institution, or nonprofit organization for the purposes as authorized and defined in PRC Section 5090.50 and these regulations. (gg) "Grantee" means any city, county, appropriate district, nonprofit organization, educational institution, federal agency, or federally recognized Native American tribe receiving OHV grant or cooperative agreement funds. (hh) "Law Enforcement Personnel" include officers or employees of, or who are under contract with, the grantee that have the authority and duty under applicable law to enforce statutes or ordinances, issue citations, or arrest persons for violations. For purposes of this section, "ordinance" includes an order, rule, or regulation enforceable under the authority of the grantee. (ii) "Maintenance" means the routine, ongoing work required to ensure roads, trails, areas, related facilities used for OHV recreation and conservation features (e.g., water bars, culverts, sediment basins, etc.) for the protection of natural and cultural resources that are impacted by OHV recreation activities, continue to function as intended. (jj) "Monitoring" means the periodic data collection and review to determine if the OHV funded project is in compliance with the statutory requirements and program or project objectives. (kk) "NEPA" means the National Environmental Policy Act pursuant to United States Code (U.S.C.) Title 42, Section 4371; 40 Code of Federal Regulations (CFR) part 1500.1 et seq. (ll) "Nonprofit" means an organization having tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code. (mm) "Off-Highway Motorcycle" means any vehicle as defined in CVC 400 or 436, when such motor vehicle is operated on land to which CVC 38001 has application. (nn) "Off-Highway Vehicle Operation" means the activity of driving or riding motorized vehicles on public lands and/or private property approved for OHV recreation, which is open and accessible to the public, and has been identified for recreational motor vehicle use. (oo) "OHV" means an off-highway motor vehicle as specified in CVC Section 38006 and/or street licensed motor vehicle while being used off-highway. (pp) "OHV Opportunities" means trails, roads, areas and/or other facilities on areas of land that allow legal OHV recreation. (qq) "Operation" means the staff, supervision, and equipment assigned to facilitate the proper functioning of an OHV recreation road, trail, area or lands and any related visitor or user facilities or services, including the protection of persons, life and property. (rr) "Performance Review" means ongoing review of an open project to determine progress toward the accomplishment of deliverables including, but not limited to, desk reviews of project activity reports, questionnaires and other methods of inquiry, and/or site visits. (ss) "Project" means the work to be accomplished with funding through an OHV grant or cooperative agreement. (tt) "Project Agreement" means a contract executed to formally implement a project through an approved grant or cooperative agreement. (uu) "Regional OHV Facility" means a facility, primarily for casual OHV recreation, providing a wide variety of OHV opportunities for a wide range of OHV interests, that is 500 or more acres, and with a population of 500,000 or more within a 150-mile radius or three-hour travel time, and with the potential to become financially self-sustaining in accordance with criteria adopted by the Commission pursuant to PRC Section 5090.51(b). (vv) "Repair" means to fix, mend, make new, or revitalize to sound condition or condition prior to the damage, after being damaged. (ww) "Reroute" means the closure, (if not retained for other non-motorized recreation), and restoration of an existing segment of a trail or road and replacement with a new alignment. (xx) "Restoration" means the return of land, plant communities, and plant covers to conditions comparable to those of surrounding lands, or at least those that existed prior to OHV recreation. (yy) "Roads" include: fire trails, logging roads, service roads regardless of surface composition, or other roughly graded trails and roads upon which vehicular travel by the public is permitted (CVC 38001). (zz) "Scientific Research" means study and exploration into questions posed by theories and hypotheses, and defined by measurable steps or operations (e.g., sample design, methodology, statistical inferences). (aaa) "Snowmobile" means any vehicle as defined in CVC 557. (bbb) "Soil Conservation Program" means a plan containing a process or processes to anticipate and prevent accelerated and unnatural erosion, and restore lands damaged by erosion to the extent possible. The Soil Conservation Program complies with the "Soil Conservation Guidelines/Standards for Off-Highway Vehicle Recreation Management (11/14/91)" until that document is replaced by the 2006 soil conservation standards. (ccc) "Viable Species Composition" means that species found in the project area have populations with the estimated numbers and distribution of reproductive individuals to enable their continued existence. (ddd) "Website" means the internet page of the applicant. (eee) "Wildlife Habitat Protection Program (WHPP)" means an animal and plant Habitat Management Program (HMP) designed to sustain a viable species composition for the project area, pursuant to PRC Sections 5090.35, 5090.50, and 5090.53. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 4442, 4442.5, 5020.1(j), 5024.1, 5090.04, 5090.05, 5090.06, 5090.07, 5090.10, 5090.11, 5090.32, 5090.35, 5090.50, 5090.51(b), 5090.53, 5090.64(b)(1) and (2) and 21000 et seq., Public Resources Code; Sections 111, 400, 436, 557, 38001, 38006, 38012 and 38225(c) Vehicle Code; USC, Title 42, Section 4371; USC, Title 43 Sections 1601 et seq.; 40 CFR part 1500.1 et seq.; 25 CFR Section 83.5(a); Section 210.1, Education Code; and U.S. Internal Revenue Code, Section 501(c)(3). s 4970.51. Program Purpose. The purpose of the OHMVR Grants and Cooperative Agreements Program is to provide financial assistance to agencies and organizations to develop, maintain, expand, and manage high-quality OHV recreation areas, roads, and trails, and to responsibly maintain the wildlife, soils, and habitat of areas in a manner that will sustain long-term OHV recreation in accordance with the legislative provisions and intent of the Act commencing at Public Resources Code (PRC) Section 5090.01. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.01-5090.70, Public Resources Code. s 4970.52. Commission's Annual Program Review Meeting. Prior to the start of each application cycle, the Commission shall conduct one public meeting to collect: 1) public input concerning the OHV grants and cooperative agreements program, 2) recommendations for program improvements, and 3) public input for specific project needs for grants and cooperative agreements program areas. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.24(f), Public Resources Code. s 4970.53. General Application Requirements. (a) The Off-Highway Motor Vehicle Recreation Division Manual for Grants and Cooperative Agreements (March 2006), herein after referred to as the OHMVR Division Manual, and all its contents and subsequent revisions submitted through the rulemaking process is hereby incorporated by reference. (b) Awarding a grant or cooperative agreement does not guarantee ongoing or future OHV funding in any project category. (c) General application requirements are as follows: (1) Applications for funding shall not be less than $5,000. (2) For projects requiring more than one year to complete or for projects not exceeding $15,000 per year, funding may be requested for expenditure over a three (3) year period. The applicant making such a request shall include an explanation of the reasons for the extended timeline for completing the project and expending the funds. (3) Equipment requests for purchase or repair of single or multiple pieces of equipment or tools totaling $15,000 (excluding tax) or less may be included in any project application category. Requests exceeding $15,000 (excluding tax) must be applied for as a stand-alone equipment project. (4) Each piece of equipment or tool with a purchase price (excluding tax) in excess of $500 purchased with OHV Trust Funds shall be identified as a line item within each application project type in the OHV grant or cooperative agreement application, as applicable. (5) Requests for administrative costs as indicated in the OHMVR Division Manual, Chapter 1; Application Instructions, (herein after referred to as "Application Instructions"), may not exceed 10% of the total project amount requested in the application. (6) All applicants shall undertake a public review process of their application(s). The process shall include the following minimum steps: (A) Public notice. Not later than thirty (30) calendar days prior to submitting the final application, applicants shall notice to the public of the opportunity to submit comments on the draft application. The notice shall be published at a minimum in the applicant's newsletter and/or website and mailed to those persons the agency or organization determines most likely to have an interest in or be affected by the project. (B) Public review. Draft applications shall be made available for public review and comment not later than the date of publication of the public notice. At a minimum, applicants shall make available to the public for the purpose of this review, the application face sheet, project description, project costs and deliverables and past project accomplishments required by the application instructions. (d) The application submission process shall consist of the following: (1) The Division shall establish a timeline for the submission of applications and post the timeline on the Division website. (2) Applications that are not in the possession of the Division by the application submission deadline, set by the Division for the application cycle, shall be returned to the applicant without consideration. (3) Questions concerning the application process and the interpretation of these regulations shall be submitted in writing to the Division website, Questions and Answers section. Responses to these questions will be made in writing via the Division website within five (5) calendar days of submission of the questions. The last date for submitting questions to the Division will be fifteen (15) calendar days prior to the final application deadline. The Division shall provide any such interpretation to all applicants on the Division website not later than ten (10) calendar days before the application deadline, in order for the interpretation to be applicable. Applicants shall not rely on answers to questions unless placed on the Division website, Questions and Answers section, by the Division. (4) The Division may, but has no obligation, to waive or correct inconsequential defects in the application. "Inconsequential", for the purpose of this subsection (d)(4), shall mean a situation where correction of an application or waiver of a defect will not give the applicant an unfair advantage over other applicants or applications. (5) The Division may request additional information of an applicant in order to clarify information submitted in the applications. (e) The applications shall contain the following: (1) Applications, whether for single or multiple project types, shall include an application face sheet and application summary sheet fully completed with all required information in addition to meeting all of the requirements contained in the Application Instructions. Subject only to the discretion of the Division as specified in subsection (d)(4) of this Section, any applications determined by the Division to not be in conformance with these requirements shall be returned to the applicant without consideration. (2) Applications shall include documentation of the public review process. (A) Public comments. All public comments received by an applicant up to ten (10) calendar days prior to the application filing deadline shall be included in the final application. An applicant shall also include a brief statement of how the public's comments were incorporated into the development of the application or explain the reasons why not. (B) Late public comments. The applicant shall not be required to include public comments received less than ten (10) calendar days prior to the final application deadline. The applicant shall forward all comments received less than ten (10) calendar days prior to the final application deadline to the Division along with the application, if possible, but not later than ten (10) calendar days following the application submission date. (3) All city, county, and appropriate district, educational institution, and nonprofit organization grant applications, and any federally recognized Native American tribe cooperative agreement applications shall include a completed Governing Body Resolution certified by the clerk of the governing body. The Division shall provide an example of a form in the Application Instructions which may be used if the applicant does not have one. (4) All applicants shall complete a Project Activity Report (PAR) in accordance with the Application Instructions. (5) All applications shall include a map or maps as described in the Application Instructions. (6) All applications shall meet the environmental requirements contained in Section 4970.65, including an Environmental Review Data Sheet to assist the Division in determining the appropriate use of Categorical Exemptions as provided in the Application Instructions, and which complies with Section 4970.65(b). (7) Applications shall meet the requirements of Sections 4970.66 (WHPP/HMP) and 4970.67 (Soil Conservation Program) and related requirements contained in the Application Instructions. (8) An analysis of project needs and benefits that addresses the evaluation requirements and criteria contained in the OHMVR Division Manual, Chapter 2; Application Evaluation System. (9) If applicable, applications shall include identification of the match to be applied to the project in accordance with Section 4970.68. (10) Other information required to be included as specified in Article 2 under the application content requirements for the specific project type. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50, 5090.51 and 5090.53, Public Resources Code; and Section 11343, Government Code. s 4970.54. Acquisition Projects. (a) Acquisition projects secure interests in land to: expand and/or sustain OHV recreation access and opportunities; provide buffers; and/or eliminate trespass. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for acquisition projects. Educational institutions and nonprofit organizations are not eligible to apply for acquisition projects. (c) Examples of acquisition projects include, but are not limited to the following: (1) Purchase of right-of-way or easement. (2) Lease of twenty-five (25) years or more. (3) Purchase of land in fee title. (4) Purchase of an option. (5) Other interests in real property, such as permits or licenses. (d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to acquisition projects. (e) Applications for acquisition projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description that identifies the total acreage involved, average cost per acre, easements, the number of parcels, project costs, and activities to be performed ( "deliverables"). (2) A description and the location(s) of existing OHV recreation in and around the acquisition property. (3) Due diligence to determine if the property is usable for its intended purpose. (4) Project specific map(s). (5) An acquisition plan, which shows the steps and timelines for acquiring the project and a discussion of the applicant's ability to accomplish the project. (6) Assessor parcel maps. (f) All acquisitions shall, if applicable, comply with Chapter 16 (commencing with Section 7260), Division 7, Title 1, Government Code, "Relocation Assistance." Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code; Title 1, Division 7, Chapter 16, Section 7260 et seq., Government Code. s 4970.55. Conservation Projects. (a) Conservation projects, which are implemented in connection with ongoing OHV recreation, protect natural and cultural resources and develop and/or implement soil conservation standards and wildlife habitat protection programs as required by the Act, including monitoring those practices, activities, or projects to provide data for management decisions. (b) Cities, counties, appropriate districts, federal agencies, federally recognized Native American tribes, educational institutions, and nonprofit organizations are eligible to apply for conservation projects. (c) Examples of conservation projects include, but are not limited to the following: (1) Erosion and/or sediment control. (2) Vegetation protection. (3) Habitat, cultural, and/or species protection and mitigation. (4) Rerouting of roads or trails to comply with soil standards and wildlife habitat protection programs. (5) A WHPP/HMP development and/or implementation (PRC Section 5090.35, Section 4970.66 of these regulations). (6) Signing. (7) Storm water protection plans, sediment control structures, and stream crossing improvements. (8) Monitoring of the effectiveness of prior and ongoing conservation projects. (9) Wildlife and soil erosion surveys necessary for preparation of WHPP/HMPs or Soil Conservation Programs. (d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to conservation projects. (e) Applications for conservation projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s). (3) When applicable, nonprofit organization and educational institution applicants shall have a written agreement with the property manager, land management agency or landowner to perform the project. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. s 4970.56. Development Projects. (a) Development projects provide OHV recreation opportunity, experience, or related visitor services in the form of new, improved, or upgraded facilities, roads, trails, or areas. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for development projects. Educational institutions and nonprofit organizations are not eligible to apply for development projects. (c) Examples of development projects include, but are not limited to the following: (1) Trail construction. (2) Trailhead/staging area construction. (3) Restroom construction. (4) Access road and parking lot construction. (5) Picnic and camping facilities construction. (6) Construction projects to reduce use conflicts. (7) Competition and spectator facilities. (8) Other related improvements such as visitor centers, kiosks with a unit cost of $5,000 or more, facility fencing, greenhouses, utilities installation (i.e., water, electrical, sewer), and storage buildings. (d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to development projects. (e) Public casual use of facilities shall not be less than 60% of the total use in areas funded with OHV grant funds. (f) Applications for development projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, anticipated timelines, and activities to be performed ( "deliverables"). (2) At a minimum, conceptual drawings and site plans for the project. (3) Land tenure certification to the Division as indicated in the Application Instructions. (4) Project specific map(s) and, if available, trails map(s). Trails map(s) should show existing roads, trails, or areas available for OHV recreation. Trails map(s) should also show trails proposed to be made available in the future as part of this project or other existing plans. (g) Grantees are required to meet all access requirements under State or Federal law as applicable, including, without limitation, the Americans with Disabilities Act of 1990 (Public Law 101-336, July 26, 1990, 104 Stat 327). Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code; and Public Law 101-336, July 26, 1990, 104 Stat. 327. s 4970.57. Equipment Projects. (a) Equipment projects for purchase or repair of single or multiple items totaling $15,000 or less may be included as part of another project application category. Requests exceeding $15,000 (excluding tax) must be applied for as a stand-alone equipment project. (b) Projects for equipment repair shall be due to normal wear and tear. (c) Cities, counties, appropriate districts, federal agencies, federally recognized Native American tribes, educational institutions, and nonprofit organizations are eligible to apply for equipment purchases. (d) Examples of equipment purchase or repair include, but are not limited to the following: (1) Motorcycles. (2) All-terrain vehicles. (3) Four-wheel drive vehicles. (4) Snowmobiles. (5) Trail dozers. (6) Mini excavators. (7) Sound testing equipment. (8) Engine replacement. (9) Track replacement and associated costs. (10) Major mechanical overhaul if it is determined that repairs are more cost effective than the purchase of a new piece of equipment. (e) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to equipment projects. (f) Applications for equipment shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, and activities to be performed ( "deliverables"). (2) A brief description of how the equipment will be used and maintained and where it will be stored. (3) When applicable, nonprofit organization and educational institution applicants shall have a written agreement with the property manager, land management agency, or landowner to use the equipment on the land. (4) An equipment inventory list identifying all equipment previously purchased (over $5,000) using OHV Trust Funds, and any items to be replaced or repaired. The list shall include the item, year, make and model number, original purchase price, vehicle identification number (VIN/ID), registration number, and mileage or hours. (g) Equipment purchased with OHV Trust Funds shall be used primarily (60% or more of the time) on OHV projects. (h) The applicant shall have written approval from the Division prior to purchase of tools or equipment exceeding $500, which are not identified in a certified project agreement. (i) Any single equipment purchase having a total cost equal to or greater than $50,000, with at least half of the purchased costs paid from OHV Trust Funds, shall be registered in the Division's name, used in the grantee's OHV program for the normal life of the equipment, and then returned at the discretion of the Division for disposal or sale. Notification to the Division that an equipment item is eligible for surplus is the responsibility of the grantee. The Division shall respond to the grantee within sixty (60) calendar days of receipt of the notice of eligibility for the surplus and shall provide guidance to the grantee for the sale or disposition of the equipment item. (1) For one-time purchases, applicants shall consult with the Division to determine the most cost effective method of acquiring equipment for the proposed project or activity; whether rent, lease, or purchase. The Division retains the right to require the grantee to return purchased equipment to the Division at the end of the contract or project for reuse in the program. (j) Grantees shall keep tools and equipment purchased with OHV Trust Funds maintained and in safe working order. (k) All equipment purchased with OHV Trust Funds must display an approved version of the OHMVR Division "OHV Trust Funds at Work" insignia. Grantees may obtain insignias free of charge from the Division. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.58. Facilities Operation and Maintenance (FO&M) Projects. (a) Facilities operation and maintenance projects are for program management and/or routine work directed to maintain existing facilities, other than roads, trails, or areas, and provide visitor assistance, health and safety attributable or related to OHV recreation being provided by the applicant. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for facilities operation and maintenance projects. Educational institutions and nonprofit organizations are not eligible to apply for facilities operation and maintenance projects. (c) Examples of facilities operation and maintenance activities include, but are not limited to the following: (1) Facility servicing, including, but not limited to painting, cleaning restrooms, and maintaining kiosks. (2) Volunteer support and coordination. (3) Visitor services (excluding law enforcement). (4) Snow plowing of parking areas and access roads to these areas. (5) Trash collection. (6) Purchase of first aid equipment and supplies. (7) Map/brochure design and printing. (8) Physical barriers and other means of traffic control. (9) Purchase of tools and equipment, totaling up to $15,000 (excluding tax). (10) Sign boards, information kiosks with a unit cost of up to $5,000 (excluding tax), and regulatory and directional signs. (11) Water and /or sewage treatment system maintenance and testing. (12) OHV site management. (13) OHV program management. (14) Repaving existing parking lots or access roads to these areas. (15) Repairs to trailheads, staging areas, or structures. (16) Re-roofing. (17) Electrical repairs. (d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to facilities operation and maintenance projects. (e) Applications for facilities operation and maintenance projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s) showing the location of the facilities along with related OHV recreation roads, trails, areas, or other lands being served by the facilities. Note: Authority cited: Sections 5001.5, and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.59. Law Enforcement Projects. (a) Law enforcement projects provide assistance to local and federal agencies for protection of life and property, including natural and cultural resources; enforcement of laws, public safety, OHV related search and rescue, personnel support, placement of barriers and other means of traffic control, and training. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for law enforcement projects. Educational institutions and nonprofit organizations are not eligible to apply for law enforcement projects. (c) Examples of law enforcement projects include, but are not limited to the following: (1) Personnel for OHV related law enforcement patrol and search and rescue. (2) Training and equipment for OHV related law enforcement and search and rescue. (3) Contracts for OHV related law enforcement patrol, including air support. (4) Fuel and maintenance for vehicles used with law enforcement associated with OHV recreation. (5) Placement of physical barriers and other means to control illegal access. (6) Purchase and installation of signs related to OHV law enforcement. (7) OHV law enforcement outreach, including personnel, educational materials, and maps. (d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to law enforcement projects. (e) Applications for law enforcement projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s), which include and specifically identify and mark: (A) All roads, trails, and areas to be patrolled. (B) Areas of special concern. (C) Areas with recurring law enforcement issues. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.50 and 5090.64(b)(2), Public Resources Code; and Section 38000, Vehicle Code. s 4970.60. Off-Highway Vehicle (OHV) Safety and/or Education Program Projects. (a) OHV safety and/or education program projects address: (1) OHV safety activities, and/or (2) Teaching safe and environmentally responsible operation of OHVs. (b) Cities, counties, appropriate districts, federal agencies, federally recognized Native American tribes, educational institutions, and nonprofit organizations are eligible to apply for safety and/or education program projects. (c) OHV safety and/or education program projects include, but are not limited to the following: (1) Safety orientation and training. (2) Site rental and insurance. (3) Program and school outreach, including, but not limited to: (A) Noise restrictions. (B) Signs, maps, and brochures design and production. (C) Responsible riding. (D) Public service announcements. (E) ATV safety. (4) Curriculum development. (5) OHV safety or educational handbooks, including but not limited to vehicle operations, towing, and environmental education. (6) Internet site development and other electronic media supporting safety and/or educational program projects. (7) First aid stations. (8) OHV safety-related equipment loan program, including but not limited to helmets and chest protective gear. (9) OHV search and rescue. (10) Spark arrester inspections. (d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to OHV safety and/or education program projects. (e) Applications for OHV safety and/or education program projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, and activities to be performed ( "deliverables"). (2) A general description of material to be developed for the project including training locations. (3) If site specific, project specific map(s). (4) When applicable, nonprofit organization and educational institution applicants shall submit a written agreement with the property manager, land management agency, or landowner to perform the project, or provide documentation from the property manager, land management agency, or land owner stating that no such agreement will be required. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.61. Planning Projects. (a) Planning projects are intended to determine the feasibility of an area and/or project, and design solutions for affected areas, and/or projects prior to the commitment of acquisition, development, or other funds. Planning projects may also be used to fund the preparation of environmental documentation. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for planning projects. Educational institutions and nonprofit organizations are not eligible to apply for planning projects. (c) Examples of planning projects include, but are not limited to activities associated with preparation of the following: (1) A plan or plans designating authorized roads, trails, areas for OHV recreation use, including, but not limited to: (A) Documenting existing and projected uses and OHV recreation demand. (B) Documenting the existence of soils, water, plants, animals, and/or cultural or other natural resources affected by OHV recreation and requiring protective measures in accordance with the Act or other law. (C) Inventories and mapping of roads, trails, and areas. (2) A plan to address toxic or hazardous waste within an area and adjacent property that may impact the site. (3) A plan to address the potential effects of OHV recreation on: (A) Adjacent lands. (B) Residents. (C) Potential conflict with other recreation. (4) A plan to address OHV recreation activity as it affects air and water quality, including a strategy for resolution. (5) Environmental documents, including CEQA or NEPA, for potential OHV projects prepared in accordance with the requirements of Section 4970.65 of these regulations. (6) The preparation of a Recreation Management Plan, OHV Plan, or the OHV portion of a General Plan. (7) Due diligence of potential acquisitions to determine the need to buffer the effects of OHV activities, and/or to provide future opportunity. (d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to planning projects. (e) Applications for planning projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, activities to be performed and a list of all reports, (interim and/or final) or other documents to be produced. ( "deliverables"). (2) Project specific map(s) and, if applicable, a trails map(s). (3) Include the anticipated timelines to develop the project plan and for implementation of projects based on the completed plan (if applicable). Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. s 4970.62. Restoration Projects. (a) Restoration projects return land, plant communities, and plant covers to conditions comparable to those of surrounding lands or at least those that existed prior to OHV recreation, upon closure to OHV recreation: (1) Upon a determination that best available maintenance and conservation practices are not sufficient to meet established soil standards and/or wildlife habitat protection program requirements, or (2) Upon determination that a repair project is necessary to mend damage to property caused by illegal OHV recreation on property where such use is prohibited by federal, state, or local law, or (3) Upon lands that have been closed by the administrative agency to recreational motorized use. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for restoration and/or repair projects. Educational institutions and nonprofit organizations are not eligible to apply for restoration projects. (c) Examples of restoration projects include, but are not limited to the following: (1) Restoring and stabilizing land contours. (2) Planting and/or reintroduction of native plants, shrubs, trees, or groundcovers. (3) Construction of physical barriers and other means of traffic control devices to prevent use of the area by off-highway motor vehicles in order to achieve restoration. (4) Eradicating evidence of illegal OHV recreation and returning the land to the condition that existed prior to the illegal OHV recreation, to the extent practical, including the planting of plants, shrubs, trees, or groundcovers. (d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to restoration projects. (e) Applications for restoration projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, activities to be performed ( "deliverables"). (2) An explanation of any legal recreational OHV activity being displaced and what maintenance and conservation efforts were taken and why they were not successful. (3) Project specific map(s) and representative photographs of restoration sites. (4) An explanation of what law enforcement efforts and follow up activities will be performed to support the restoration sites/projects. (5) Descriptions of the success criteria and monitoring that will be used to determine project success. (6) An anticipated timeline for implementation of project(s). Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.50 and 5090.64(a), Public Resources Code. s 4970.63. Scientific Research Projects. (a) Scientific research projects implement scientific research to evaluate, estimate, analyze, and address the possible impact on, or of, OHV recreation and develop responsive management recommendations. (b) Cities, counties, appropriate districts, federal agencies, federally recognized Native American tribes, educational institutions, and nonprofit organizations are all eligible to apply for scientific research projects. (c) Scientific research projects on OHV recreation may include, but are not limited to those that address the following objectives: (1) Determine the best management practices, including maintenance and conservation practices, available or designed to provide for sustainable long-term OHV recreational use of roads, trails, areas, or lands. (2) Determine current and future unmet needs for roads, trails, areas, and related facilities to meet the need for sustainable long-term OHV recreation use. (3) Document potential effects of OHV recreation on natural and cultural resources. (4) Document potential effects of OHV recreation on other recreation uses. (5) Document potential effects of OHV recreation on adjacent lands. (6) Document potential impact on relationships between OHV recreation and local residents. (7) Identify and/or further technological advances to reduce noise, air, and water pollution from OHVs. (8) Document lands subject to OHV recreation use through geologic survey and slope maps or topographic maps. (9) Document toxic or hazardous waste within an area and adjacent property that may impact the site. (d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to scientific research projects. (e) Applications for scientific research projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s) and, if applicable, trails map(s). (3) Research project design listing a description of the goals, objectives, and methodologies. (4) A timeline for completion of the scientific research project. (5) Documentation of peer review of the research plan. The peer review shall be conducted by at least three qualified experts from the scientific discipline or related fields. (6) A history of the organization's past performance and experience conducting scientific research projects as well as the curriculum vitae of the primary researcher(s). (7) Nonprofit organization and educational institution applicants shall provide the approval of the property manager, land management agency, or landowner to perform the scientific research. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code. s 4970.64. Trail Maintenance Projects. (a) These projects consist of two types: trail maintenance and trail reroute necessitated by safety and/or destruction by natural disaster. (b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for trail maintenance projects. Educational institutions and nonprofit organizations are not eligible to apply for trail maintenance projects (c) Trail maintenance is routine work on roads, trails, or areas, including, but not limited to the following: (1) Brushing. (2) Trail signing. (3) Fallen tree removal. (4) Tread work related to safety or ease of passage. (5) Snow or trail grooming (e.g. rock rakes, tractor work). (d) Trail reroute work includes closing the existing trail or trail segment, including restoration activities and replacement of the closed trail segment with superior alignment. (e) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to trail maintenance projects. (f) Applications for trail maintenance projects shall include all the information required under Section 4970.53 plus the following: (1) A general project description, project costs, and activities to be performed ( "deliverables"). (2) Project specific map(s) and trails map(s). (3) A maintenance plan. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. s 4970.65. California Environmental Quality Act (CEQA) Requirements. (a) The Division is required to comply with CEQA (PRC Section 21000 et seq.) in order to approve all grants and cooperative agreements under the OHMVR grants and cooperative agreements program. (b) FOR CITY, COUNTY, APPROPRIATE DISTRICT, EDUCATIONAL INSTITUTION, AND NONPROFIT ORGANIZATION APPLICANTS ONLY (1) All city, county, appropriate district, educational institution and nonprofit organization applicants shall provide the required documentation for the Division to determine that CEQA compliance has been met. All such applicants applying for a restoration grant or relying on a Categorical Exemption for CEQA compliance shall also provide responses to questions required by Section VI of the Application Instructions. CEQA compliance shall be determined by one of the following: (A) A Notice of Exemption (NOE) finding that the project is exempt from CEQA that has been filed for the project consistent with CEQA Guidelines Section 15062, or (B) An Initial Study/Negative Declaration (IS/ND) or an Initial Study/Mitigated Negative Declaration (IS/MND) for activities that are not categorically exempt, but fit within the definition of activities that may be covered by a ND under CEQA, together with a copy of the Notice of Determination filed for the project (NOD), or (C) An Environmental Impact Report (EIR) if the proposed activity poses a potentially significant impact as defined in an IS/ND checklist, or meets any of the tests for mandatory findings of significance under CEQA (PRC Section 21083; CEQA Guidelines Section 15065), or (D) Other documentation indicating that the requirements of CEQA have been satisfied in the discretion of the applicant or the reasons the applicant believes the project is categorically exempt or not subject to the CEQA requirements. (2) Notwithstanding subdivision (b)(1), where the applicant is not a lead agency and CEQA compliance has not otherwise been met, the applicant shall provide responses to questions required by Section VI of the Application Instructions and shall also provide adequate information to the Division to make a sufficient project review to determine the appropriate level of CEQA compliance and any additional environmental documentation required. (A) Within forty-five (45) calendar days of determining the application has complied with the Application Instructions, the Division will determine what additional documentation or information is required for the Division to complete the requirements for CEQA, with an assessment of the amount of further CEQA analysis and compliance that may be required. The Division cannot promise to complete the added CEQA work needed if the time and resources required exceed the time and resources available to complete the application selection process. If the Division determines that it cannot complete the necessary additional CEQA work, it reserves the right to inform the applicant in writing and return the application and supporting materials. (B) If the Division determines that additional information is required for the grant application to comply with CEQA and that such work may be completed with existing resources and within the timeframe for the application process, it will request such additional documentation from the applicant be returned within ten (10) calendar days of the written request. (1) Applicants who do not return the requested additional information within the ten-day time limit will have their applications returned without further processing. (2) For those applications that are accepted for further CEQA compliance, the Division will use its best efforts to cause the CEQA compliance work to be completed in sufficient time for final Commission allocation of funds and approval of the activities to be funded ( "deliverables") for the project(s). However, the Division cannot guarantee the project will be certified as CEQA compliant. Also, the Division reserves the right to cease CEQA compliance work if it determines the project may not be funded in light of the project evaluation and scoring process and submission of the project to the Commission grant subcommittee for preliminary review and funding allocations. Within forty-five (45) calendar days of receipt of the applications, the Division shall review the application for environmental compliance. (c) Within forty-five (45) calendar days of receipt of the applications, the Division shall review the application for environmental compliance. (1) Any application not addressing (b) above shall be returned to the applicant without further processing. (2) If (b) above is addressed and the Division needs to clarify information provided, the Division shall submit in writing a request for such information from the applicant within the 45-day review period. The Division shall request that the applicant provide the additional information in writing to the Division within ten (10) calendar days of receipt of the request. (3) Applicants that do not return the requested additional information within the ten (10) calendar day limit shall have their applications returned without further processing. (d) FOR FEDERAL AGENCIES OR FEDERALLY RECOGNIZED NATIVE AMERICAN TRIBE APPLICANTS ONLY (1) All federal agency and federally recognized Native American tribe applicants shall submit completed project-related NEPA compliance documentation with their applications together with the responses to questions required by Section VI of the Application Instructions, to allow the Division to make a sufficient project review to determine the appropriate level of CEQA compliance and any additional environmental documentation required. (2) Within forty-five (45) calendar days of determining an application has complied with the Application Instructions, the Division will determine what additional documentation or information is required for the Division to complete the requirements for CEQA, with an assessment of the amount of further CEQA analysis and compliance that may be required. The Division cannot promise to complete the added CEQA work needed if the time and resources required exceed the time and resources available to complete the application selection process. If the Division determines that it cannot complete the necessary additional CEQA work, it reserves the right to inform the applicant in writing and return the application and supporting materials. (A) If the Division determines that additional information is required for the cooperative agreement applications to comply with CEQA and that such work may be completed with existing resources and within the timeframe for the application process, it will request such additional documentation from the applicant be returned within ten (10) calendar days of the written request. (B) Applicants who do not return the requested additional information within the ten-day time limit will have their applications returned without further processing. (C) For those applications that are accepted for further CEQA compliance, the Division will use its best efforts to cause the CEQA compliance work to be completed in sufficient time for final Commission allocation of funds and approval of the activities to be funded ( "deliverables") for the project(s). However, the Division cannot guarantee the project will be certified as CEQA compliant. Also, the Division reserves the right to cease CEQA compliance work if it determines the project may not be funded in light of the project evaluation and scoring process and submission of the project to the Commission grant subcommittee for preliminary review and funding allocations. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50(g), 15000 et seq., and 21000 et seq., Public Resources Code; USC Title 42, Section 4371; and 40 CFR part 1500.1, et seq. s 4970.66. Wildlife Habitat Protection Program (WHPP) / Habitat Management Program (HMP). (a) A Wildlife Habitat Protection Program (WHPP) is an animal and plant Habitat Management Program (HMP) designed to sustain a viable species composition for the project area, pursuant to PRC Sections 5090.35(b) and 5090.50. (b) All federal agency and federally recognized Native American tribe applications for funding, with the exception of law enforcement shall submit a WHPP/HMP designed to sustain a viable species composition for the project area. (c) All city, county, and appropriate district applicants for acquisition and development projects shall develop and submit with their application, pursuant to PRC Section 5090.53, a WHPP/HMP designed to sustain a viable species composition for the project area. (d) A WHPP/HMP shall follow the Application Instructions, and include the following components as applicable: (1) Species or habitats of concern related to OHV recreation. (2) Risk factors associated with OHV recreation. (3) Management objectives and actions, including success criteria. (4) Monitoring. (5) Management review and response. (f) Within forty-five (45) calendar days of the grant application deadline, the Division shall review all applications to ensure that all required components of the WHPP/HMP are addressed. (1) Any application required to include a WHPP/HMP per (b) or (c) above and not addressing all required WHPP/HMP components as described in Section VII of the Application Instructions, shall be returned to the applicant without further processing. (2) If all required WHPP/HMP components are addressed but the Division needs to clarify information provided and has determined that such clarification may be completed within the timeframe for the application process, it shall request such additional documentation from the applicant be returned within ten (10) calendar days of the written request. (3) Applicants who do not return the requested additional information within the ten-day time limit shall have their applications returned without further processing. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. s 4970.67. Soil Conservation Program. (a) All federal agency and federally recognized Native American tribe applications for funding, with the exception of sole applications for law enforcement, pursuant to PRC Section 5090.50(i) shall submit evidence showing that a soil conservation program for the project area has been met. (b) All city, county, and appropriate district applications for acquisition and development projects shall submit evidence showing that a soil conservation program, pursuant to PRC Section 5090.53(b), for the project area has been met. (c) Law enforcement projects are exempt from soil conservation program requirements pursuant to PRC Sections 5090.50(i). (d) The soil conservation program shall comply with PRC 5090.35, 5090.50, and 5090.53, the Application Instructions and the Soil Conservation Guidelines/Standards for Off-Highway Vehicle Recreation Management (11/14/91) until replaced by the 2006 soil conservation standards. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. s 4970.68. Match Requirements. (a) Except as provided in 4970.68(c), cities, counties, and appropriate districts, nonprofit organizations, and educational institutions shall provide matching funds or the equivalent value of services, material, or property used, in an amount of not less than 25 percent of the total expense of the off-highway motor vehicle facility to be funded by the grant. (b) All federal agencies and federally recognized Native American tribes are exempt from the matching funds requirement in accordance with PRC Section 5090.51(a). (c) There shall be no matching fund requirement for grant applications that request funding for planning, acquisition, development, or construction of a regional OHV facility as defined in Section 4970.50(uu). (d) Cities, counties, and appropriate districts must provide a match as follows: (1) For acquisition projects, in non-regional facilities only. (2) For conservation projects, in all facilities with the exception of construction activities in regional facilities. (3) For development projects, in non-regional facilities only. (4) For equipment projects, in all facilities. (5) For facilities operation and maintenance projects, in all facilities with the exception of construction activities in regional facilities. (6) For law enforcement projects, in all facilities. (7) For OHV safety and/or education program projects, in all facilities. (8) For planning projects, in non-regional facilities only. (9) For restoration projects, in all facilities with the exception of construction activities in regional facilities. (10) For scientific research projects, in all facilities. (11) For trail maintenance projects in all facilities with the exception of construction activities in regional facilities. (e) Nonprofit organizations and educational institutions must provide a match as follows: (1) For conservation projects, in all facilities with the exception of construction activities in regional facilities. (2) For equipment projects, in all facilities. (3) For OHV safety and/or education program projects, in all facilities. (4) For scientific research projects, in all facilities. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.51, Public Resources Code. s 4970.69. Application Evaluation System. (a) OHMVR grants and cooperative agreements shall be evaluated, funded, and awarded on a competitive basis as provided for in these regulations. An evaluation system will be used to evaluate each type of project within an application. (b) The application evaluation system to be used by the Division for each single or multiple project application will consist of evaluation criteria, scoring, ranking and funding determinations as indicated in the OHMVR Division Manual, Chapter 2. (c) Division staff shall ensure that all grant and cooperative agreement applications forwarded to the Commission shall comply with the Application Instructions and the following sections: (1) Acquisition projects, Section 4970.54. (2) Conservation projects, Section 4970.55. (3) Development projects, Section 4970.56. (4) Equipment projects, Section 4970.57. (5) Facilities operation and maintenance (FO&M) projects, Section 4970.58. (6) Law enforcement projects, Section 4970.59. (7) OHV safety and/or education program projects, Section 4970.60. (8) Planning projects, Section 4970.61. (9) Restoration projects, Section 4970.62. (10) Scientific research projects, Section 4970.63. (11) Trail maintenance projects, Section 4970.64. (d) Grants and cooperative agreement applications that are complete as submitted will be evaluated and funding determinations made according to the provisions of the OHMVR Division Manual Chapter 2, Application Evaluation System. Applications determined to be incomplete shall be returned to the applicant without being evaluated and will not be forwarded to the Commission for consideration. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.24 and 5090.32, Public Resources Code. s 4970.70. Commission Allocation of Funds and Approval of Grants and Cooperative Agreements Program Applications. (a) Applications shall be considered once annually as long as OHV Trust Funds are available. (b) Applications that have undergone the application evaluation system shall be considered complete. (c) In accordance with the provisions of the OHMVR Division Manual, Chapter 2, the Commission Chair may designate a Grants and Cooperative Agreements Program Subcommittee ( "Subcommittee") to hold public meetings for preliminary consideration of the grant or cooperative agreement applications that have been evaluated, scored, ranked, and have received funding determinations by the Division. (d) The Commission shall allocate grants and cooperative agreement program funds and approve the activities to be performed ( "deliverables") of the grants or cooperative agreement applications and/or project(s) in accordance with these regulations and after hearing public and applicant testimony, Division input, and considering any other written comments or information submitted to the Commission for consideration during its deliberations. The Commission may accept the recommendations of the Subcommittee, if any, or make further revisions it deems appropriate in light of these regulations, the information in the applications, and any other public input or testimony relating to scoring criteria received during the Commission's public meetings. The Division shall prepare and execute project agreements to implement the approved funding allocations and project deliverables. (e) The Division shall send to the Resources Agency and to the applicants a copy of the Commission's funding allocations. Other organizations and interested parties may receive a copy of the Commission's funding allocations upon written request to the Division or view the allocations on the Division website. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.61, Public Resources Code. s 4970.71. Audits. (a) The grantee shall maintain financial accounts, documents, and records in accordance with generally accepted accounting methods for all projects and shall make them available to the Department's auditor. (b) The Department shall have the right to inspect and/or make copies of any books, records, or reports of the grantee pertaining to all projects. (c) The grantee shall retain all financial accounts, documents, and records for three (3) years from the expiration date of the project agreement, or three (3) years from the start of an audit engagement, whichever comes first, and until an audit started during the three (3) years has been completed and a report is published. (d) Upon completion of the Department audit, the grant recipient shall be provided a copy of the final audit report that shall contain the results of the audit. (e) If the audit results identify exceptions resulting in refunds due to the State, the grantee shall have sixty (60) calendar days to refund the overpayment to the State. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code. s 4970.72. Performance Reviews. (a) The Division may conduct performance reviews of the grantee's project(s) taking into consideration past and current performance. These performance reviews may include, but are not limited to, review of an open project to determine progress toward the accomplishment of deliverables including, but not limited to, desk reviews of project activity reports, questionnaires and other standards of inquiry, and/or site visits. (b) When the Division staff conducts a site visit, they shall develop a report containing any comments and recommendations with regard to the performance of the grantee's project. A copy of the report shall be provided to the grantee. (c) All comments and recommendations provided by Division staff while on a site visit and received by the applicant sixty (60) calendar days prior to an application filing deadline shall be addressed by the grantee in the project application. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code. s 4971. Department of Parks and Recreation Relocation Assistance. The regulations adopted under this chapter implement the requirements of Section 7267.8 of the Government Code for all public entities to adopt rules and regulations to implement payments and to administer relocation assistance in accordance with the rules and regulations adopted by the Department of Housing and Community Development. With respect to a federally funded project, the Department of Parks and Recreation shall make relocation assistance payments and provide relocation advisory assistance as required under federal law. The Department of Housing and Community Development Relocation Guidelines (Title 25, California Code of Regulations, Chapter 6, Subchapter 1, Articles 1 through 6, commencing with Section 6000 and concluding with Section 6198), including any subsequent amendments thereto, are hereby incorporated by reference as if fully set forth in this chapter. For purposes of this chapter, "public entity" as used in the Department of Housing and Community Development Guidelines shall mean "Department of Parks and Recreation". Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 7267.8, Government Code.