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(continued) ncing with
Section 30915) of Division 20.4 of the Public Resources Code.
(b) The conservancy may undertake a project or award a grant for a
project under this section only if the project does one or more of
the following:
(1) Reduces contamination of waters within the coastal zone or
marine waters.
(2) Protects or restores fish and wildlife habitat within coastal
and marine waters and coastal watersheds, including, but not limited
to, permit coordination projects for watershed restoration.
(3) Reduces threats to coastal and marine fish and wildlife.
(4) Reduces unnatural erosion and sedimentation of coastal
watersheds or contributes to the reestablishment of natural erosion
and sediment cycles.
(5) Provides for monitoring and mapping of coastal currents,
marine habitats, and marine wildlife, in order to facilitate the
protection and enhancement of resources within the coastal zone. A
project considered under this paragraph shall be implemented in
consultation with the Department of Fish and Game.
(6) Acquires, protects, and restores coastal wetlands, riparian
areas, floodplains, and other sensitive watershed lands, including
watershed lands draining to sensitive coastal or marine areas.
(7) Reduces the impact of population and economic pressures on
coastal and marine resources.
(8) Provides for public access compatible with resource protection
and restoration objectives.
(9) Provides for the construction or expansion of nature centers
or research facilities that emphasize conservation education or
research activities focusing on the marine portion of the coastal
zone or the land and ocean interface.
(10) Provides for projects and activities consistent with Division
26.5 (commencing with Section 35500).
(c) Projects funded pursuant to this section shall include a
monitoring and evaluation component and shall be consistent with the
following, if available and relevant to the project:
(1) Integrated Watershed Management Program established pursuant
to Section 30947.
(2) Local watershed management plans.
(3) Water quality control plans adopted by the State Water
Resources Control Board and regional water quality control boards.

31251. The conservancy may award grants to public agencies and
nonprofit organizations for the purpose of enhancement of coastal
resources that, because of indiscriminate dredging or filling,
improper location of improvements, natural or human-induced events,
or incompatible land uses, have suffered loss of natural and scenic
values. Grants under this chapter shall be utilized for the assembly
of parcels of land within coastal resource enhancement areas to
improve resource management, for relocation of improperly located or
designed improvements, and for other corrective measures that will
enhance the natural and scenic character of the areas. As provided
in this chapter, the cost of acquisition of certain lands within
coastal resource enhancement areas may be funded through the
conservancy. Grants under this section may not be utilized as a
method of acquisition of public park, wildlife, or natural areas,
except as those uses may be incidental to a coastal resource
enhancement project.



31251.2. (a) In order to enhance the natural or scenic character of
coastal resources within the coastal zone, the conservancy may
undertake a project or award a grant, consistent with subdivision (a)
of Section 30200 and pursuant to this chapter, to enhance a
watershed resource that is partly outside of the coastal zone. Any
of these projects or grants which involve the management of fish
shall be approved by the Department of Fish and Game.
Neither the conservancy nor any other state agency shall undertake
a project affecting an area partly inside and partly outside the
coastal zone under this chapter, except at the request of the local
public agency or agencies having jurisdiction over the entire project
area.
(b) Any enhancement activity carried out pursuant to this section
shall not be subject to any commission review, as set forth in
Section 31258, for that portion of the activity located outside the
coastal zone. However, the commission through its executive director
and the Department of Fish and Game may review and comment on the
enhancement plan's consistency with the policies and objectives of
Division 20 (commencing with Section 30000).
(c) No funds set forth in subdivision (c) of Section 5096.151 of
the Public Resources Code, shall be expended on enhancement
activities that are outside the coastal zone.
(d) This section shall not apply to any portion of the Santa
Monica Mountains Zone as set forth in Division 23 (commencing with
Section 33000).


31252. All areas proposed for resource enhancement by a state
agency, local public agency, or nonprofit organization shall be
identified in a certified local coastal plan or program as requiring
public action to resolve existing or potential resource protection
problems or shall be so identified in other local plans which the
commission determines to be consistent with the policies and
objectives of Division 20 (commencing with Section 30000). In the
case of San Francisco Bay, the lands shall be so identified in the
bay plan, the Suisun Marsh Protection Plan, or in any other local
plan which the bay commission determines to be consistent with such
plans.



31253. The conservancy may provide up to the total of the cost of
any coastal resource enhancement project, including the state or
local share of federally supported projects. The amount of funding
provided by the conservancy shall be determined by the total amount
of funding available for coastal resource enhancement projects, the
fiscal resources of the applicant, the urgency of the project
relative to other eligible coastal resource enhancement projects, and
the application of other factors prescribed by the conservancy for
the purpose of determining project eligibility and priority in order
to more effectively carry out the provisions of this division.



31254. The conservancy shall request the commission, local public
agencies, nonprofit organizations, and other public and private
groups to assist in the development of criteria and guidelines for
the submission, evaluation, and determination of priority of coastal
resource enhancement projects. After considering comments received
from such sources and ensuring that adequate opportunity for public
review and comment has been provided, the conservancy shall adopt
guidelines and criteria for the administration of the coastal program
authorized under this chapter.



31255. In accordance with procedures adopted by the conservancy,
state agencies, local public agencies, and nonprofit organizations
may submit proposed coastal resource enhancement projects for
consideration by the conservancy.


31255.1. Notwithstanding any other provision of law, the
conservancy may enter into an option to acquire an interest in real
property in connection with an enhancement project, when the
Legislature appropriates funds for purposes of carrying out the
objectives of this division. The cost of the option may not exceed
six hundred thousand dollars ($600,000).



31257. In connection with proposed coastal resource enhancement
projects, the conservancy may fund up to three hundred thousand
dollars ($300,000) of the cost of preparing coastal resource
enhancement plans.



31258. (a) Following completion of a coastal resource enhancement
plan, the conservancy shall forward the plan to the commission for
determination of conformity of the plan with the policies and
objectives of Division 20 (commencing with Section 30000). The
commission shall have 60 days to review the project and transmit the
findings on the plan to the conservancy. If no comments are received
within the period, the restoration plan shall be deemed to be in
accord with Division 20 (commencing with Section 30000).
(b) Following the certification of a local coastal program, the
city or county or city and county with jurisdiction over the
certified area, rather than the commission, shall review the coastal
resource enhancement plan where: (1) the proposed enhancement plan
will be implemented entirely within one local public agency's
jurisdiction; (2) the area proposed for enhancement is identified
pursuant to the provisions of Section 31251; and (3) implementation
of the enhancement plan does not require an amendment to the
certified local coastal program. The local public agency shall
review the enhancement plan to determine consistency with the
certified local coastal program within 60 days after transmittal of
the plan from the conservancy and shall transmit its findings to the
conservancy immediately upon completion of plan review. If no
comments are received at the end of the 60-day period, the plan shall
be deemed to be in accord with the provisions of the certified local
coastal program.
Where the enhancement plan will be implemented in whole or in part
in an area in which the commission retains coastal development
permit jurisdiction pursuant to subdivision (b) of Section 30519, or
in an area in which two or more local governments have jurisdiction,
or where a local coastal program amendment is required to implement
the plan, the commission shall be responsible for enhancement plan
review and shall conduct the review in the following manner. The
commission shall review the enhancement plan for consistency with the
policies and objectives of Division 20, as provided in subdivision
(a), for the area subject to retained coastal development permit
jurisdiction pursuant to subdivision (b) of Section 30159 and where a
local coastal program amendment is required, and shall review the
plan for consistency with certified local coastal programs for areas
under local government coastal development permit jurisdiction.



31258.5. In the case of San Francisco Bay projects, the conservancy
shall forward a coastal resource enhancement plan to the bay
commission for determination of conformity with the bay plan, and,
where relevant, with the Suisun Marsh Protection Plan. The bay
commission shall have 60 days to review the plan and transmit its
findings on such plan to the conservancy. If no comments are
received within such period, the resource enhancement plan shall be
deemed to be in accord with the bay plan, and, where relevant, the
Suisun Marsh Protection Plan.


31259. Following review and approval of a resource enhancement plan
as provided in Section 31258, the conservancy shall so notify the
agency and shall authorize the agency to proceed with actions
required to implement the plan.


31260. As part of an approved coastal resource enhancement project,
the conservancy may fund the costs of land acquisition.



31261. Private development may be permitted within the area of the
coastal resource enhancement projects, where such development is
compatible with the primary objectives of resource protection and
enhancement of the coastal zone.


31262. Any funds over and above eligible project costs which remain
after completion of a resource enhancement project as provided in
this chapter shall be transmitted to the state and be deposited with
the conservancy and shall be available for expenditure when
appropriated by the Legislature for the purposes of funding the
programs specified in this division.



31263. If a local public agency or state agency is unable or
unwilling to undertake improvement of a deteriorating area, the
conservancy may undertake the coastal resource enhancement or
authorize a nonprofit organization to do so after notification to the
local public agency, if a coastal resource enhancement plan for the
area has been prepared by the conservancy and approved as provided in
Section 31258.



31263.5. In the case of San Francisco Bay, the conservancy may
undertake resource enhancement of an area only upon formal request by
resolution of a local public agency or the bay commission, except
that, with respect to lands within Contra Costa County, such resource
enhancement or other action may be undertaken only upon the formal
request by resolution of the local public agency having jurisdiction
over such lands; provided, however, that a resource enhancement plan
has been prepared and approved as provided in Section 31258.5.



31264. A resource enhancement plan prepared for a project to be
carried out directly by the conservancy as provided in Section 31263,
shall, before any lands are acquired or other implementation actions
taken, be submitted to the local public agency which exercises land
use regulation over the area of the proposed project and to any state
agency which exercises resource management responsibility in the
project area. The local public agency and state agency shall have 90
days to review and comment on the proposed coastal resource
enhancement project. If, during that period that local public
agency, a nonprofit organization, or the state agency agrees to
carry out the project within the guidelines established in the
resource enhancement plan, the conservancy may authorize the local
public agency, a nonprofit organization, or the state agency to carry
out the project, which shall then be subject to all provisions of
this division.


31265. Prior to undertaking any resource enhancement project under
the provisions of Section 31263, the project shall be included
within, and funded under, the Budget Act.



31270. Notwithstanding the geographic limitations of this division
or Division 20 (commencing with Section 30000), the conservancy may
undertake a coastal resource enhancement project in the City of San
Diego, within the area known as Famosa Slough and bounded by West
Point Loma Boulevard and the seaward side of the right-of-way of
Famosa Boulevard and the seaward side of the right-of-way of Adrian
Street.




31300. This chapter shall be known and may be cited as the "Urban
Waterfront Restoration Act of 1981".



31301. The Legislature finds and declares that California's urban
waterfronts, being often the first part of an urban area to develop
and, thus, the first to decay, are in need of restoration in order to
be the vital economic and cultural component of the community which
they once were. The Legislature further finds and declares that
developing the state's urban waterfronts into environmentally sound
areas through, but not limited to, the creation of parks, open space,
visitor serving facilities, and housing for all income levels will
promote tourism, public access, and private sector development in
these areas. The Legislature further finds and declares that the
encouragement of tourism, public access to the coast, and planned
private sector development to be a benefit to the citizens of the
state, as well as the local citizenry in affected urban waterfront
areas. It is, therefore, the intent of this chapter to promote the
restoration of the state's vital urban waterfronts.



31302. The conservancy shall administer the provisions of this
chapter. The conservancy shall coordinate the activities of all other
state agencies and all federal agencies that have programs affecting
California's urban waterfronts in order to increase the efficiency
and minimize duplication of those programs.



31303. The conservancy shall request the commission, public
agencies, nonprofit organizations, and other public and private
groups to assist in the development of criteria and guidelines for
the submission, evaluation, and determination of priority of
projects. After considering comments received from those sources and
ensuring that adequate opportunity for public review and comment has
been provided, the conservancy shall adopt guidelines and criteria
for the administration of the urban waterfront restoration program
authorized under this chapter.
In accordance with procedures adopted by the conservancy, public
agencies and nonprofit organizations may submit proposed urban
waterfront projects for consideration by the conservancy for state or
federal funding.


31305. In reviewing grant applications and urban waterfront
restoration plans, the conservancy shall seek to promote excellence
of design and shall stimulate projects which exhibit innovation in
sensitively integrating man-made features into the natural coastal
environment.



31306. (a) The conservancy shall propose capital projects and
capital programs, generated by the conservancy, local public
agencies, or state agencies for grants available under Section 306A
of the federal Coastal Zone Management Improvement Act (Public Law
96-464). The commission shall not forward any application unless it
has been proposed by the conservancy.
(b) Nothing in this chapter shall diminish the commission's
authority pursuant to Section 30330 of the Public Resources Code,
which shall include determination of the allocation of federal
financial assistance among the coastal management activities, coastal
research activities, coastal energy impact activities, living marine
resource activities, and natural resources enhancement and
management activities, eligible for federal financial assistance
under the Coastal Zone Management Improvement Act, or any amendment
thereto, or any other federal act enacted up to this time or in the
future, that relates to the planning and management of the coastal
zone, except as provided in this section.
(c) (1) Prior to the commission's determination of allocations
under subdivision (b), the commission and the conservancy shall
concur on the allocation for capital projects and capital programs
generated by the conservancy, local public agencies, or state
agencies for public access, agricultural preservation, enhancement of
coastal resources, coastal restoration, urban waterfront
restoration, reservation of significant coastal resource areas, and
commercial fishing facilities. No allocation for these capital
projects and capital programs shall be made unless they are proposed
by the conservancy.
(2) Prior to the commission's determination of allocations under
subdivision (b), the commission and the San Francisco Bay
Conservation and Development Commission shall concur on the
allocation for the San Francisco Bay Conservation and Development
Commission to carry out its responsibilities under the federally
approved California Coastal Management Program.
(3) In determining the allocations under subdivision (b), the
commission shall consult with the conservancy, the San Francisco Bay
Conservation and Development Commission, and the Department of
Finance, and shall ensure that agencies eligible for federal
financial assistance under the Coastal Zone Management Improvement
Act are allocated sufficient assistance to carry out their required
responsibilities under the federally approved California Coastal
Management Program.



31307. The conservancy may award grants to public agencies and
nonprofit organizations for the restoration of urban coastal
waterfront areas.


31308. The conservancy may provide up to the total cost of any
urban waterfront project, including the local share of federally
supported projects. The conservancy may also require local funding
participation in urban waterfront projects. The amount of funding
provided by the conservancy and the degree of local participation
shall be determined by the total amount of funding available for
urban waterfront projects, the fiscal resources of the applicant, the
urgency of the project relative to other eligible urban waterfront
projects, the degree to which the project meets the objectives set
forth in Section 31305, and the application of other factors
prescribed by the conservancy for the purpose of determining project
eligibility and priority in order to more effectively carry out the
provisions of this division.



31309. (a) Following approval of a proposed urban waterfront
project by the conservancy, the conservancy may provide up to one
hundred thousand dollars ($100,000) of the cost of preparing urban
waterfront restoration plans. In addition, the conservancy may make
loans to public agencies or nonprofit organizations, or any
combination thereof, for the full cost of preparing an urban
waterfront restoration plan, if both of the following are satisfied:

(1) Funding for those loans is provided for in the Budget Act.
(2) The cost of preparation of a plan is included in the cost of a
project approved for funding pursuant to Division 22 (commencing
with Section 32000).
(b) The loans shall be repaid when the bonds funding the project
are sold and upon terms and at a rate of interest which recovers the
costs of the funds to the state.



31310. Notwithstanding any other provision of law, the conservancy
may enter into an option to acquire an interest in real property in
connection with an urban waterfront project, when the Legislature
appropriates funds for purposes of carrying out the objectives of
this division. The cost of the option may not exceed six hundred
thousand dollars ($600,000).



31311. Costs of providing parks, open space, or other public areas
and facilities may be included as project costs within urban
waterfront restoration areas, if they are designed to serve the
residents of the restoration area and do not constitute a
disproportionate share of the total project cost. Costs of providing
public coastal access sites and scenic easements serving the public
may be permitted as project costs where such features are part of an
approved urban waterfront restoration plan.



31311.5. Where the conservancy awards any grant for the purpose of
providing new or expanded facilities to serve the commercial fishing
industry, the financial terms and any reimbursement provisions of
that grant shall be determined solely on the basis of protecting the
long-term economic viability of the commercial fishing industry.




31312. Local public agencies and nonprofit organizations, in
undertaking urban waterfront restoration projects as provided in this
chapter, shall be subject to the provisions of Division 24
(commencing with Section 33000) of the Health and Safety Code.




31313. Any funds over and above eligible project costs which remain
after completion of an urban waterfront project as provided in this
chapter shall be transmitted by the recipient to the state and
deposited with the conservancy and shall be available for expenditure
when appropriated by the Legislature for the purposes of funding the
programs specified in this division.



31314. Plans prepared pursuant to this chapter for the Port of San
Francisco may seek to expedite the implementation of visitor serving
commercial uses of port property not needed for maritime use,
establish a system of open spaces and public access along the
waterfront, provide for commercial fishing facilities, and provide
for the rehabilitation of existing deteriorated wharfs and piers.
Upon the approval of the State Coastal Conservancy, funding of the
Port of San Francisco pursuant to this chapter shall be given high
priority and be available to implement plans prepared pursuant to
this chapter and to increase the port's ability to establish an
ongoing land management program to encourage public access and
tourist uses of the port.



31315. The conservancy, under its mandate for urban waterfront
restoration, shall administer the distribution of state funds, when
appropriated to the conservancy, for the improvement of the
infrastructure of fishing harbors on public trust lands.




31316. Within the conservancy's jurisdiction pursuant to this
chapter and within urban coastal watershed areas, the conservancy may
undertake projects and award grants for activities that are
compatible with the preservation, restoration, or enhancement of
ocean, coastal, or watershed resources, or that facilitate
environmental education related to these resources. These projects or
activities may include, but are not limited to, exhibits or events
emphasizing coastal, watershed, or ocean resource education, or
maritime history, or the development of amenities and infrastructure
consistent with this chapter.


31350. It is the policy of the Legislature to assure that
significant coastal resource sites shall be reserved for public use
and enjoyment. To achieve this objective, it is the intent of the
Legislature to vest in the conservancy authority to acquire, hold,
protect, and use interests in key coastal resource lands, as
indicated in the chapters of this division, that otherwise would be
lost to public use.



31351. (a) The conservancy shall cooperate with the commission, bay
commission, and other public agencies and with nonprofit
organizations in ensuring the reservation of interests in real
property for purposes of this division, as well as for park,
recreation, fish and wildlife habitat, historical preservation, or
scientific study required to meet the policies and objectives of the
California Coastal Act of 1976 (commencing with Section 30000), or a
certified local coastal plan or program; or, in the case of San
Francisco Bay, the sites identified in the bay plan, the Suisun Marsh
Protection Plan, or in any other local plan that the bay commission
determines to be consistent with those plans; or, in coastal areas
not within the coastal zone or the San Francisco Bay, any other local
plans.
(b) The provisions of this division shall not diminish or
otherwise affect the authority of the bay commission to approve,
deny, or modify permits as provided in Section 66632 of the
Government Code.



31352. (a) If a public agency or nonprofit organization is unable,
due to limited financial resources or other circumstances, to
acquire, hold, protect, or use an interest in real property for a
purpose provided in Section 31351, the conservancy may do either of
the following:
(1) Award a grant to the public agency or nonprofit organization
for a purpose provided in Section 31351.
(2) Acquire and hold the interest for subsequent conveyance to an
appropriate public agency or nonprofit organization.
(b) The conservancy may provide the technical assistance required
to aid a public agency or nonprofit organization in completing the
acquisition or related functions described in subdivision (a).



31352.5. Where a nonprofit organization is better situated than the
conservancy to acquire temporarily an interest in real property for
later acquisition by a public agency or nonprofit organization, the
conservancy may loan the nonprofit organization the necessary funds
to accomplish the acquisition. As a condition of that loan, the
nonprofit organization shall adhere to the procedures and
restrictions of this chapter in accomplishing the acquisition.



31353. Notwithstanding any other provision of law, the conservancy
may enter into an option to acquire an interest in real property in
connection with a site-reservation project, when the Legislature
appropriates funds for purposes of carrying out the objectives of
this division. The cost of the option may not exceed six hundred
thousand dollars ($600,000).



31354. The conservancy may not hold fee interests acquired in
accordance with this chapter for more than 10 years from the time of
acquisition. A public agency shall have the right to acquire the fee
interest at any time during this period for the public purposes
indicated in this chapter. At any time during this period, a
nonprofit organization may acquire the fee interest if the city or
county where the lands are located approves the acquisition. The
acquisition shall be deemed approved thirty days after the
conservancy has mailed written notice, unless the city or county
objects in writing within that time. When deemed appropriate by the
conservancy, the instrument conveying an interest in real property to
a nonprofit organization may include a restriction permanently
limiting the use of those lands to the acquisition purposes. The
price to public agencies or to nonprofit organizations that acquire
interests in real property from the conservancy may include the cost
of acquisition or the conservancy's administrative and management
costs in reserving and managing the land, or both. The payment of
this acquisition price shall be either monetary or conservancy
approved property of an equivalent value, or a combination thereof.
The lands acquired under this section shall not be disposed of under
Section 11011.1 of the Government Code. If, at the expiration of
this 10-year period, no public agency or nonprofit organization is
willing or able to acquire the lands, the conservancy shall request
the Department of General Services to dispose of those lands at fair
market value without restriction on subsequent land use under this
division.
Any funds received by the state upon disposition of lands acquired
in accordance with Section 31352 shall be deposited with the
conservancy and shall be available for expenditure when appropriated
by the Legislature for the purposes of funding the programs specified
in this division.



31355. The conservancy is authorized to lease interest in real
property acquired in accordance with this chapter. When the leases
are made to private individuals or groups, the conservancy shall
annually, upon appropriation of the amounts by the Legislature,
transfer 24 percent of the gross income of the leases to the county
where the interests in real property are situated.
The county shall distribute any payment received by it pursuant to
this section to itself, to each revenue district for which the
county assesses and collects real property taxes or assessments, and
to every other taxing agency within the county where the property is
situated. The amount distributable to the county and each revenue
district or other taxing agency shall be proportionate to the ratio
that the amount of the taxes and assessments of each on similar real
property similarly situated within that part of the county embracing
the smallest in area of the revenue districts or other taxing
agencies other than the county, levied for the fiscal year next
preceding, bears to the combined amount of the taxes and assessments
of all those districts and agencies, including the county, on the
property levied for that year. The county auditor shall determine
and certify the amounts distributable to the board of supervisors,
that shall thereupon order the making of the distribution.
Any money distributed pursuant to this section to any county,
revenue district, or other taxing agency shall be deposited to the
credit of the same fund as any taxes or assessments on any taxable
similar real property similarly situated.
Where a county receives a payment pursuant to this section in an
amount of twenty-five dollars ($25) or less in respect to any parcel
of leased property, all of that payment shall be distributed to the
county for deposit in the county general fund.



31356. All remaining revenue derived from leases, after allocation
to counties as specified in Section 31355, shall be deposited
annually with the conservancy and shall be available for expenditure
when appropriated by the Legislature for the purposes of funding the
programs specified in this division.



31400. The Legislature finds and declares that it is the policy of
the state that the right of the public to access and enjoyment of the
coastal resources should be effectively guaranteed. To achieve such
objective, it is the intent of the Legislature that the State
Coastal Conservancy have a principal role in the implementation of a
system of public accessways to and along the state's coastline,
including San Francisco Bay and Suisun Marsh.



31400.1. The conservancy may award grants to any public agency or
nonprofit organization to acquire land, or any interest therein, or
to develop, operate, or manage lands for public access purposes to
and along the coast. No grants may be awarded to any local agency
unless the conservancy has first determined that the subject
accessway will serve more than local public needs.



31400.2. The conservancy may provide up to the total cost of the
acquisition of interests in lands and the initial development of
public accessways by any public agency or nonprofit organization, as
provided in Section 31400.1. The amount of funding provided by the
conservancy shall be determined by the total amount of funding
available for coastal public accessway projects, the fiscal resources
of the applicant, the urgency of the project relative to other
eligible projects, and the application of factors prescribed by the
conservancy for the purpose of determining project eligibility and
priority in order to more effectively carry out the provisions of the
division.



31400.3. The conservancy may provide such assistance as is required
to aid public agencies and nonprofit organizations in establishing a
system of public coastal accessways, and related functions necessary
to meet the objectives of this division.



31401. The conservancy shall develop and adopt standards to guide
state and local public agencies and federal agencies to the extent
permitted by federal law or regulations or the United States
Constitution in acquiring and developing public access to coastal
resources. Such standards shall be incorporated within an integrated
system of public accessways to and along the state's coastline which
shall become an element of the California Outdoor Recreation
Resources Plan required by Section 5099.2.



31402. In order to assure that an adequate system of public
accessways is provided along the entire coastline, the department or
the conservancy may acquire fee title or lesser interests in areas
required for public access to significant coastal resources. The
department may develop and maintain such areas.



31402.1. (a) It is the intent of the Legislature to provide for
timely acceptance of offers to dedicate interests in property,
recorded pursuant to Division 20 (commencing with Section 30000) and
needed to provide public access to and along the ocean shoreline.
(b) The Legislature finds and declares all of the following:
(1) In order to prevent the potential loss of public accessways to
and along the state's coastline, it is in the best interest of the
state to accept all offers to dedicate real property that protect
open space or have the potential to provide access to public
tidelands, including any beach, shoreline, or view area, or that
provide a connection to other easements or public properties
providing this access.
(2) Offers to dedicate interests in property that are required and
recorded pursuant to Division 20 (commencing with Section 30000)
provide mitigation necessary for approved development to occur
consistent with the policies and objectives of that division and are
not gifts to the state or acquisitions of property interests within
the meaning of Section 31105.


31402.2. The conservancy shall accept any outstanding offer to
dedicate a public accessway, described in Section 31402.1, that has
not been accepted by another public agency or nonprofit organization
within 90 days of its expiration date.




31402.3. (a) To the extent that funds are available in the Coastal
Access Account in the State Coastal Conservancy Fund, the conservancy
shall open at least three public accessways each year either
directly or by awarding grants to public agencies or nonprofit
organizations.
(b) The conservancy may transfer public access easements or other
less-than-fee interests in property to an appropriate public agency
or nonprofit organization for development, management, or public use,
or may enter into agreements with public agencies and nonprofit
organizations for the development, management, or public use of the
accessway. Transfer under this section is not subject to approval by
the Department of General Services pursuant to Section 11005.2 of
the Government Code. The conservancy shall retain the right to
reclaim the easements or other interests in the event that the public
agency or nonprofit organization ceases to exist, is no longer able
to manage the accessway, or violates the terms of the agreement.
(c) Before a nonprofit organization may accept an offer to
dedicate an interest in real property under Division 20 (commencing
with Section 30000), the nonprofit organization shall do all of the
following:
(1) Submit satisfactory proof to the executive director of the
commission that the nonprofit organization has been approved as a tax
exempt public benefit corporation under Section 501(c)(3) of the
Internal Revenue Code, and has filed a Form 990 with the Internal
Revenue Service.
(2) Submit a management plan to the executive director of the
commission and the executive officer of the conservancy that
describes the nonprofit organization's planned management and
operation of the interest.
(3) Grant a right of entry that permits the conservancy to reclaim
or assign the interest to another public agency or nonprofit
organization, if the conservancy and the commission determine that
the nonprofit organization is not managing or operating the interest
consistent with the management plan developed pursuant to paragraph
(2).
(d) A public accessway accepted pursuant to Section 31402.2 may
not be developed, improved, or formally opened for public use until
its transfer, development, or public use has been authorized by the
conservancy.
(e) The conservancy may not use moneys appropriated from the
General Fund for the purposes of this section.



31403. The department or the conservancy may not acquire any public
access site under the power of eminent domain unless such
acquisition is approved by the Legislature as part of its annual
approval of the Budget Act.


31404. When another local public agency is unable or unwilling to
take title to an area required for public access to and along the
coastline, the department or the conservancy may accept title to such
an area. The department or the conservancy, however, shall not be
required to open any area for public use when, in its estimation, the
benefits of public use would be outweighed by the costs of
development and maintenance. The department or the conservancy shall
make a determined effort to identify local public agencies and
nonprofit organizations which will accept responsibility for
maintenance and liability for public accessways which are located
outside of the state park system. The department or the conservancy
may lease any public access site to a public agency or nonprofit
organization; provided, however, that the conditions of such transfer
guarantee public use of the site for access to coastal resources.



31405. The department or the conservancy may accept, from any
public agency or nonprofit organization, fees collected for purposes
of providing public access to coastal resources. Any funds collected
from such source shall be expended by the department or the
conservancy for the sole purpose of acquisition, development, and
maintenance of public accessways to the coastline. To the maximum
extent possible, such fees shall be expended in the general area
where they are collected or in areas where public access to and along
the coastline is clearly deficient. The department or the
conservancy may transfer funds, including such fees, to a local
public agency or nonprofit organization for the purposes of
acquisition of sites for public access to and along the coastline.



31406. Notwithstanding any other provision of law, the conservancy
may enter into an option to acquire an interest in real property in
connection with a public access project, when the Legislature
appropriates funds for purposes of carrying out the objectives of
this division. The cost of the option may not exceed six hundred
thousand dollars ($600,000).



31408. (a) The conservancy shall, in consultation with the
Department of Parks and Recreation, and the California Coastal
Commission, coordinate the development of the California Coastal
Trail.
(b) To the extent feasible, and consistent with their individual
mandates, each agency, board, department, or commission of the state
with property interests or regulatory authority in coastal areas
shall cooperate with the conservancy with respect to planning and
making lands available for completion of the trail, including
constructing trail links, placing signs and managing the trail.



31409. Consistent with the conservancy's authority under this
chapter to develop a system of public accessways to, and along, the
state's coastline, the conservancy may award grants and provide
assistance to public agencies and nonprofit organizations to
establish and expand those inland trail systems that may be linked to
the California Coastal Trail.