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highways and roads by state parks, and for that purpose may enter
into contracts or agreements with cities, counties, and other
political subdivisions of the State and with other state agencies or
with persons, firms or corporations for the acquisition,
construction, and maintenance of suitable roads, trails, and
pathways.
When application is received by the department, other than under
Section 5012, from any person, firm or corporation for right-of-way
across a state park for ingress and egress to a highway or road from
their lands separated from such highway or road by the state park,
the department shall determine whether any reasonable access exists
outside the boundaries of the park, or could be economically
constructed. Where reasonable access does not exist or cannot be
economically constructed outside the boundaries of the park, the
department shall grant a permit for right-of-way across the park over
such route and subject to such conditions and construction and
maintenance specifications as the department may determine which will
cause minimum alteration to the physical features of the park and
minimum interference with the use of the park by the public. The
permittee shall at his own expense construct and maintain the means
of ingress and egress in accordance with the terms and conditions set
forth in the permit, noncompliance with which in any part shall be
due cause for revocation of such permit. The department may require
a permittee or permittees to allow the use of such means of ingress
and egress by any other applicant whose lands are similarly situated.
The department shall grant a permit for such use under terms and
conditions imposed upon existing users, upon payment of a reasonable
compensation for construction and maintenance of the road, by the
applicant to the existing permittee, or permittees.



5003.6. The planning, design, and construction of a boating
facility within the state park system shall be the responsibility of
the Department of Boating and Waterways pursuant to subdivision (c)
of Section 50 of the Harbors and Navigation Code.




5003.7. (a) For due, owing, and unpaid charges or fees for water,
sewage, gas, electricity, garbage, or other utility services
furnished by the Department of Parks and Recreation or the Department
of General Services to real property, the department shall have a
lien on that real property upon filing a notice of lien with the
county recorder.
(b) The notice of lien shall contain all of the following:
(1) A description of the subject real property.
(2) The total amount of the lien.
(3) The type of service furnished.
(4) The period during which service was furnished, the amount
owing for the period of service, and the date upon which the amount
became due.
(5) A verified statement that notice of the delinquent charges or
fees was mailed, postage prepaid, to the owner of record, to any
other known owner, and to the person in possession of the subject
real property at their last known address at least 30 days prior to
the filing of the notice of lien with the county recorder.
(c) The lien shall not extend to delinquent charges or fees
incurred more than four years prior to the filing of the notice of
lien. The lien shall, except as provided in subdivision (e),
continue in effect for four years after the filing of the notice of
lien, unless sooner extinguished by payment, satisfaction, or merger
in judgment of foreclosure.
(d) Within four years after the notice of lien is filed of record,
an action to foreclose the lien may, notwithstanding any other
provision of law, be brought in the name of the people in any court
having jurisdiction to hear and dispose of actions to foreclose
mechanics' liens for like amounts. If the action is commenced in a
court of competent jurisdiction in Sacramento County, the court is
the proper court for trial, without regard to the residence of the
defendants.
(e) Upon recording of lis pendens, the notice of lien shall
continue in effect until the recording of the abstract of judgment
thereon, unless the lien be otherwise extinguished, but not in any
event in excess of 10 years from the date of recording of the notice
of lien. The lien of abstract shall take priority from the date of
recordation of the notice of lien.
(f) The Director of Parks and Recreation or the Director of
General Services, as the case may be, or the Attorney General may
execute and file those notices, releases, and satisfaction, as may be
necessary or convenient in carrying out this section.




5003.8. Notwithstanding any other provision of this code or of law
and except as provided in the State Building Standards Law (Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code), the director, the department, or the State Park and
Recreation Commission shall not adopt nor publish a building
standard, as defined in Section 18909 of the Health and Safety Code,
unless Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945
of the Health and Safety Code are expressly excepted in the statute
under which the authority to adopt rules, regulations, or orders is
delegated. Any building standard adopted in violation of this
section has no force or effect. Any building standard adopted before
January 1, 1980, pursuant to this code and not expressly excepted by
statute from those provisions of the State Building Standards Law
shall remain in effect only until January 1, 1985, or until adopted,
amended, or superseded by provisions published in the State Building
Standards Code, whichever occurs sooner.



5004. The department shall gather, digest, and summarize, in its
annual reports to the Governor, information concerning the State Park
System and the relation to it of other available means for
conserving, developing, and utilizing the scenic and recreational
resources of the State.



5004.5. (a) The California Youth Soccer and Recreation Development
Program is hereby created in the department. The department shall
administer the program, which is intended to provide assistance to
local agencies and community-based organizations with regard to
funding, and fostering the development of, new youth soccer,
baseball, softball, and basketball recreation opportunities in the
state.
(b) After all grants authorized under this program have been
awarded, the department shall report to the Budget Committee of the
Assembly and the Budget and Fiscal Review Committee of the Senate on
the number of grant applications received, the total amount of funds
sought by applicants, and the number of eligible applications that
were not funded.
(c) The California Youth Soccer and Recreation Development Fund is
hereby created in the State Treasury, to be used as a repository of
funds derived from federal, state, and private sources to be used for
the program.
(d) The department shall award grants, on a competitive basis, to
local agencies and community-based organizations for the purposes of
the program, subject to an appropriation therefor. The department
shall also develop eligibility guidelines for the award of grants
that give preference to those communities that provide matching funds
for grants, and that are heavily populated, low-income urban areas
with a high youth crime and unemployment rate. The guidelines shall
also require that preference be given to those inner city properties
that may be leased for periods of at least five years or more for
recreational purposes. The department shall conduct public hearings
throughout the state prior to final adoption of eligibility
guidelines.
(e) Any regulation, guideline, or procedural guide adopted or
developed pursuant to this section is not subject to the review or
approval of the Office of Administrative Law or to any other
requirement of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(f) For purposes of this section, the following terms have the
following meanings:
(1) "Community-based organization" means an organization that
enters into a cooperative agreement with the department pursuant to
Section 513, a nonprofit group or organization, or a friends of parks
group or organization of a city, county, city and county, and
regional park. All community-based organizations shall have a
current tax-exempt status as a nonprofit organization under Section
501(c)(3) of the federal Internal Revenue Code.
(2) "Local agency" means a city, county, city and county, park and
recreation district, open-space district, or school district.
(g) This section shall be implemented only upon appropriation of
sufficient funds to the department for that purpose.
(h) All funds received by the department pursuant to this section
shall be encumbered within three years of the date of the
appropriation and expended within eight years from the date of the
appropriation.
(i) Nothing in this section is intended to prohibit
community-based organizations from acting in partnership with
organizations that do not have tax-exempt status as a nonprofit
organization under Section 501(c)(3) of the federal Internal Revenue
Code.



5005. (a) The department may receive and accept in the name of the
people of the state any gift, dedication, devise, grant, or other
conveyance of title to or any interest in real property, including
water rights, roads, trails, and rights-of-way, to be added to or
used in connection with the park system. It may receive and accept
gifts, donations, contributions, or bequests of money to be used in
acquiring title to or any interest in real property, or in improving
it as a part of or in connection with the State Park System, or to be
used for any of the purposes for which the department is created.
It may also receive and accept personal property for any purpose
connected with the park system.
(b) Subdivision (a) is subject to the requirements and exceptions
set forth in Section 11005 of the Government Code.



5005.01. (a) The Department of Parks and Recreation shall, after
consultation with appropriate Native American groups, receive and
accept a donation of Indian artifacts found in the vicinity of the
Los Encinos State Historic Park. The donation shall consist of a
representative sample of artifacts determined by the department to be
of historic or cultural interest to the residents of the San
Fernando Valley.
(b) The department shall, after consultation with appropriate
Native American groups, house and display the donated artifacts at
the Los Encinos State Historic Park.
(c) Artifacts not received and accepted pursuant to subdivision
(a) may be donated to colleges, universities, museums, appropriate
Native American groups, or nonprofit organizations in California.



5005.1. The Department of Parks and Recreation may with approval of
the Department of General Services transfer, sell or otherwise
dispose of personal property under its jurisdiction and may contract
with other public agencies for its custody.




5005.3. The department shall identify a site on its lands at the
head of Bodega Bay, which shall be mutually agreed upon by the
department and the Board of Directors of the Pacific Coast Federation
of Fishermen's Association, for the Bodega Bay Fisherman's Memorial.
The memorial shall be constructed and maintained solely through
private contributions of funds, materials, and labor. The department
shall be responsible for the interpretation, in consultation with
the Pacific Coast Federation of Fishermen's Association, of the
memorial after its completion.



5005.6. The department has exclusive jurisdiction with respect to
property salvage and recovery operations in and upon the lands of the
state park system. The department may grant the privilege of
conducting salvage and recovery operations in and upon those lands by
the issuance of permits. The director may adopt rules and
regulations in connection with applications for the permits and the
operations to be conducted thereunder, as he or she deems necessary
to protect the state park system and the interests of the public in
the recovered property. The regulations may include, but may not be
limited to, regulations on the percentage of recovered property to be
retained by the state, authorization for retention by the state of
any items of historical, cultural, or other value, authorized
methods, and recordkeeping requirements for conduct of salvage
operations.
The terms and conditions of any permit issued pursuant to this
section shall be subject to the approval of the Director of Finance.



5006. (a) The department, with the consent of the Department of
Finance, and subject to Section 15853 of the Government Code, may
acquire title to or any interest in real property, including personal
property incidental to the purchase of real property and options to
purchase property, which the department deems necessary or proper for
the extension, improvement, or development of the state park system.
All real and personal property acquired by the department for the
state park system shall be under the jurisdiction of the department
immediately upon transfer of title to the state.
(b) (1) The department, pursuant to paragraph (1) of subdivision
(d) of Section 15853 of the Government Code, may appraise and select
real property for the purpose of acquiring an option to purchase the
real property for the state park system. The department may utilize
the services of the Real Estate Services Division of the Department
of General Services or may contract with independent appraisers
appropriately certified by the Office of Real Estate Appraisers, to
assist in appraising property.
(2) The department, pursuant to paragraph (1) of subdivision (d)
of Section 15853 of the Government Code, may appraise and select real
property for potential acquisition of, and addition to, the state
park system. The department may utilize the services of the Real
Estate Services Division of the Department of General Services or may
contract with independent appraisers appropriately certified by the
Office of Real Estate Appraisers, to assist in appraising the
property. Prior to appraising the property, the Department of Parks
and Recreation shall notify the owners of the real property that the
department is considering the real property for acquisition, and may
have it appraised. The department shall determine the form and
manner of giving the notice.
(3) The department, pursuant to paragraph (1) of subdivision (d)
of Section 15853 of the Government Code, may select real property it
has appraised and submit purchase offers and negotiate a purchase
agreement with the owner or owners of the property. The department
shall be responsible for implementing and processing the purchase
agreement and conveyance of title to the state. The department may
utilize the services of the Real Estate Services Division of the
Department of General Services, or may contract with other state
agencies with real estate and right-of-way acquisition programs, to
assist in negotiating purchase agreements and conveyance of title.
(c) Upon acquisition of real property for the state park system,
the department shall be responsible for providing relocation
assistance to displaced persons as provided under Chapter 16
(commencing with Section 7260) of Division 7 of Title 1 of the
Government Code. The department may utilize the services of the Real
Estate Services Division of the Department of General Services, or
may contract with other state agencies or private consultants with
real estate and right-of-way acquisition programs, to assist in
relocation planning and implementation.
(d) (1) Requests for funding to administer the department's
acquisition program shall be submitted by the department for
inclusion in the Governor's Budget for each fiscal year.
(2) Requests for funding to acquire options to purchase real and
personal property for the state park system shall be submitted by the
department for inclusion in the Governor's Budget for each fiscal
year based upon its estimate of the amount needed for that purpose.
If an option to purchase real property for the state park system has
been acquired, the funding proposed by the department shall be the
appraised value of the property less the sum expended for the
purchase of the option. The expenditure of the moneys shall be
subject to the limitation specified in paragraph (1) of subdivision
(d) of Section 15853 of the Government Code unless otherwise provided
by the Legislature.
(3) Requests for funding to acquire real property or any interest
in real property shall be submitted by the department for inclusion
in the Governor's Budget for each fiscal year. The projects shall
have been selected and appraised by the department pursuant to
subdivision (b) prior to inclusion. The Governor's Budget shall
contain a separate description of each project, or acquisition
program and its appraised value, or funding allocation.
(e) The requirements imposed by subdivision (d) are in addition to
any other provisions of law requiring the inclusion of state park
system acquisition projects in the Governor's Budget.
(f) The department shall not enter into any purchase agreements
for the acquisition of real property if the consideration to be paid
by the department is in excess of five hundred thousand dollars
($500,000), unless Section 5006.1 has been complied with.
(g) Notwithstanding any other provision of law, all appraisals
conducted by the department pursuant to this section shall be
reviewed and approved by the Department of General Services or, at
the discretion of the Department of General Services, a competent
professional appraiser approved by the Department of General
Services. Real property shall be appraised and appraisal review
completed before commencement of purchasing negotiations. All
contracts related to the acquisition of real property shall be
reviewed and approved by the Department of General Services pursuant
to Section 11005 of the Government Code.


5006.1. (a) (1) Prior to submitting a proposal pursuant to
subdivision (f) of Section 5006, for an appropriation for the
acquisition of real property in excess of five million dollars
($5,000,000) in value for any state park system project, the
department shall hold a public hearing within the county in which the
proposed project is located at which interested members of the
public may comment on the proposed project. Notice of the hearing
shall be published at least twice in a newspaper of general
circulation within that county.
(2) (A) The department shall provide written notice of its intent
to acquire the real property to the city or county, or both, having
jurisdiction over the property, to the members of the Legislature who
are the chair and vice chair of the joint legislative budget
committee, the chair of the budget subcommittee in each house having
jurisdiction over resources, the chair in each house of the
appropriate legislative policy committee, and the legislators within
whose district the property proposed for acquisition is located, as
early as possible in the acquisition process, but not less than 90
days from the date of acquisition. Within 30 days of receiving
written notice of the proposed acquisition, a member of the city
council or board of supervisors of the respective city or county, or
a Member of the Legislature who has been notified pursuant to this
subparagraph, may request that the department hold a public hearing
regarding the acquisition of the property, if the acquisition is
between five hundred thousand dollars ($500,000) and five million
dollars ($5,000,000).
(B) The written notice of intent shall describe any potential
impact that the acquisition may have on the department's efforts to
provide park and recreational opportunities.
(b) With respect to real property in excess of five million
dollars ($5,000,000) that is not proposed to be acquired pursuant to
subdivision (f) of Section 5006, the department shall hold a public
hearing within the county in which the real property is located, at
which interested members of the public may comment on the proposed
acquisition. Notice of the hearing shall be published at least twice
in a newspaper of general circulation within the county. The
department shall provide written notice of its intent to acquire the
real property to the city or county, or both, having jurisdiction
over the property, as early as possible in the acquisition process.
(c) This section does not apply to any real property to be
acquired by grant, gift, devise, or bequest.



5006.2. The Director of Parks and Recreation with the consent of
the Director of Finance may acquire by gift, purchase or condemnation
any interest, including options, in those properties known as Aptos
Forest, Santa Cruz County, more particularly described in that deed
from Agnes K. Marks, et al., to the Nature Conservancy, a nonprofit
corporation of District of Columbia, recorded August 3, 1962 in Book
1487, page 11, Official Records of Santa Cruz County, upon such terms
and conditions he may see fit for proper development, use and
control of the area as a state park.
When such properties are so acquired, they shall be included in
the state park system under the exclusive control of the officers
administering the state park system, provided that the Director of
Parks and Recreation shall have no authority, under other provisions
of law except by permission of the Legislature, to grant, give, or
suffer easements, permits, leases, rights, or rights-of-way therein
other than those necessary for the orderly development, use, and
control of the park. Where under other provisions of law park
property may be taken by eminent domain, it shall not be deemed to
include any part or interest in the above-described property except
by specific permission of the Legislature.
Because of the uniqueness of the proposed park and the very
generous gifts of the grantor in establishing this large state park
to be preserved for posterity and notwithstanding restrictions
hereinabove enumerated the Director of Parks and Recreation, with the
consent of the Director of Finance, may within the Hinkley Basin
Unit, some 2,500 acres, more or less, more particularly described as
those lands deeded by the Santa Cruz County Title Company, a
corporation, and Alzoe K. Marks, wife of Andrew P. Marks, to Agnes K.
Marks, Herman H. Marks, and Andrew P. Marks, recorded June 13, 1951,
Volume 827, page 66, in the Offical Records of the County of Santa
Cruz, lease to the grantor his heirs and assigns the right to explore
for, extract, and remove oil and gas and hydrocarbons including the
right to disturb the surface under such terms and conditions as he
may prescribe. He may with the consent of the Director of Finance
issue permits for access to any drill site as may be selected
including easements for power, telephone, water, and pipe lines which
are to be used exclusively by lessee in his exploration and
extraction for oil, gas, and hydrocarbons and by the State as suits
their needs for park purposes.



5006.25. The Director of Parks and Recreation is authorized to
convey and grant to the County of Santa Cruz, for a site for a dam
and reservoir in Aptos Creek, that portion hereinafter described of
those properties known as Aptos Forest, Santa Cruz County, more
particularly described in that deed from Agnes K. Marks, et al., to
the State of California recorded November 14, 1963 in Book 1579, page
60, Official Records of Santa Cruz County and those properties known
as Timothy-Hopkins, Santa Cruz County, more particularly described
in that deed from Agnes K. Marks, et al., to the State of California
recorded November 14, 1963 in Book 1579, page 35, Official Records of
Santa Cruz County, upon such terms and conditions he may determine
are in the best interest of the state; provided, however, that there
be no restriction at the time of such conveyance and grant that the
properties described herein known as Aptos Forest and
Timothy-Hopkins, or any part thereof, which will cause a reversion of
such properties to the former owners or heirs.
The property authorized to be conveyed or granted is described as
follows:
Beginning at the intersection of the Mt. Diablo Meridian and the
Southerly line of Township 10 South as shown on the United States
Geological Survey Map (USGS) entitled "Laurel, California, 1955";
thence from the said point of beginning South 46* 00' East 1050 feet;
thence North 2* 30' East 4100 feet; thence North 35* 30' West 780
feet; thence North 89* 15' East 630 feet; thence North 24* 00' East
3530 feet; thence North 5* 00' West 800 feet; thence North 85* 00'
East 130 feet; thence South 24* 45' East 970 feet; thence North 79*
00' East 1540 feet; thence South 11* 00' East 400 feet; thence South
73* 00' West 1320 feet; thence South 23* 30' West 2750 feet; thence
South 86* 00' East 500 feet; thence South 31* 45' West 1175 feet;
thence South 57* 00' East 420 feet; thence South 33* 15' West 920
feet; thence South 38* 15' East 770 feet; thence South 36* 15' West
900 feet; thence South 14* 45' East 1340 feet; thence South 85* 15'
East 490 feet; thence South 35* 00' West 1610 feet to a point on the
Southerly Grant Boundary as shown on said map; thence along said
Grant Boundary North 72* 00' West 1600 feet thence leaving said Grant
Boundary North 31* 00' West 1620 feet; thence North 64* 00' East 380
feet; thence South 46* 00' East 270 feet to the point of beginning
containing approximately 306 acres of land.



5006.3. The department shall acquire sites for wayside campgrounds
adjacent to the Westside Freeway, State Highway Route 5. The
following general vicinities shall be given first consideration:
(a) Kern River.
(b) South of Kettleman City.
(c) Mercy Springs Road.
(d) Orestimba Creek.
(e) San Joaquin River near Mossdale.



5006.4. (a) The department may acquire, on behalf of the state, a
fee or lesser interest in real and personal property located near
Hollister in San Benito County for the state park system. If the
property is leased, the lease shall be for such term and for such
consideration as is mutually agreed upon by and between the director
and the lessor, and with the rental to be paid by the department.
Any interest acquired pursuant to this section shall be subject to
the provisions of the Property Acquisition Law (Part 11 (commencing
with Section 15850) of Division 3 of Title 2 of the Government Code).
With respect to lands subject to the grantor's reservation of oil
and gas and mineral rights, the proviso contained in Section 5019
shall not apply.
(b) The department shall carry out a program in that unit of
development, maintenance, administration, and conservation of trails
and areas for the recreational use of off-highway vehicles and for
other related state park system purposes. Areas for the recreational
use of off-highway vehicles shall be administered pursuant to
Chapter 1.25 (commencing with Section 5090.01).
Any fees, rentals, or other returns collected by the department in
its administration of the unit shall be paid into the State Treasury
to the credit of the Off-Highway Vehicle Fund.



5006.41. The department may enter into agreements with the
Department of Water Resources and the Department of Fish and Game to
plan, develop, and administer real and personal property located in
the vicinity of Oroville. The department shall carry out a program
in that unit of development, maintenance, administration, and
conservation of trails and areas for the recreational use of
off-highway vehicles. Areas for the recreational use of off-highway
vehicles shall be administered pursuant to Chapter 1.25 (commencing
with Section 5090.01).
Any fees, rentals, or other returns collected by the department in
its administration of the unit shall be paid into the State Treasury
to the credit of the Off-Highway Vehicle Fund.



5006.42. (a) On or before February 1, 2002, the director shall
establish the Cornfield State Park Advisory Committee, which shall be
responsible for assisting the department, in an advisory capacity,
to plan for interim and permanent land uses and facilities through
the general planning process for the Cornfield site. The director
shall terminate the advisory committee after the adoption of a
general plan for the state park.
(b) The director shall convene and appoint the advisory committee.
The members of the committee shall be selected by the director, who
shall include, in the advisory committee, representatives from
entities, including, but not limited to, local, state, and federal
agencies, environmental, historic preservation, and cultural
organizations, museums, educational institutions and organizations,
individuals and private sector entities, and community-based
organizations, including Asian-Pacific Americans, Chinese Americans,
Latino community organizations, and other interested ethnic groups.
(c) The department shall take all of the following actions with
respect to the development of a state park at the Cornfield site:
(1) Coordinate the implementation of the Cornfield rail yards
project, considering recommendations for uses and development from
the advisory committee.
(2) Survey statewide and community preferences in a range of park
services appropriate for urban state park settings, as assisted by
the advisory committee.
(3) Seek input and cooperate with local, state, and federal
agencies, environmental, recreational, historic preservation and
cultural organizations, museums, educational institutions and
organizations, individuals and private sector entities, and
community-based organizations, as appropriate, that are interested in
the use or development of park and recreational facilities and
programs for public benefit at the state park proposed to be located
at the "Cornfield" rail yards, including the special needs of
children, youths, senior citizens, and persons with disabilities.
(d) The advisory committee shall identify and recommend to the
director, not later than 12 months after the date of acquisition of a
fee title to the Cornfield site, priorities for long-range plans for
the site that meet the needs of Californians and the general public,
including park and recreational facilities and programs serving
residents within communities surrounding the Cornfield rail yards in
central Los Angeles.



5006.45. (a) Notwithstanding any other provision of law, the
Director of General Services may acquire, on behalf of the state, a
fee or lesser interest in such real and personal property located in
the vicinity of Ocotillo Wells in San Diego County as is designated
in writing to the Director of General Services by the Director of
Parks and Recreation. If the property is leased, the lease shall be
for such term and for such consideration as is mutually agreed upon
by and between the Director of General Services and the lessor, and
with the rental to be paid by the Department of Parks and Recreation.

(b) Prior to making any acquisition:
(1) The Director of Parks and Recreation shall recommend to the
State Park and Recreation Commission his designation of lands
presently owned by the department to be included in the vehicular
recreation area provided in subdivision (d), and no acquisition may
be made unless and until the commission has concurred in that
designation.
(2) The director shall conduct at least one public hearing in San
Diego County regarding the designation of lands presently owned by
the department to be included in the vehicular recreation area. The
director shall consider and be guided by testimony presented at the
hearing.
(c) Any interest acquired pursuant to this section shall be
subject to the provisions of the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code). The proviso in Section 5019 shall not apply to any
property acquired pursuant to this section that is subject to a
reservation of oil and mineral rights if the Director of Parks and
Recreation finds that the proposed prospecting or extraction of oil
and minerals will not unreasonably interfere with the use of the
property or adjoining property for recreation and if the grantor or
lessor of the surface of the property, if other than the state or the
holder of such a reservation, consents to the proposed prospecting
or extraction.
(d) Upon acquisition of the interest, the Director of General
Services shall forthwith transfer the interest to the jurisdiction of
the department, which shall administer the property as a unit of the
state park system. The department shall carry out a program in that
unit of development, maintenance, administration, and conservation
of trails and areas for the recreational use of off-highway vehicles
and for other related state park system purposes. Areas for the
recreational use of off-highway vehicles shall be administered
pursuant to Chapter 1.25 (commencing with Section 5090.01).
(e) Any fees, rentals, or other returns collected by the
department in its administration of the unit shall be paid into the
State Treasury to the credit of the Off-Highway Vehicle Fund.
(f) The Director of Parks and Recreation shall review, and report
annually to the State Park and Recreation Commission regarding, the
development, maintenance, administration, and public usage of the
vehicular recreation area and its success, effects on the
environment, and appropriateness as a unit of the state park system.




5006.47. (a) Notwithstanding any other provision of law, the
Director of General Services may acquire, on behalf of the state, a
fee or lesser right or interest in such real and personal property in
the Counties of Los Angeles and Ventura located in the vicinity of
Gorman and commonly known as Hungry Valley as is designated in
writing by the Director of Parks and Recreation to the Director of
General Services. If the property is leased, the lease shall be for
such term and for such consideration as is mutually agreed upon by
and between the Director of General Services and the lessor, and
consented to by the Director of Parks and Recreation, and with rent
to be paid by the Department of Parks and Recreation.
(b) Any interest in property acquired pursuant to this section
shall be subject to the provisions of the Property Acquisition Law
(Part 11 (commencing with Section 15850) of Division 3 of Title 2 of
the Government Code). The proviso in Section 5019 shall not apply to
any property acquired pursuant to this section that is subject to a
reservation of oil and mineral rights if the Director of Parks and
Recreation finds that the proposed prospecting or extraction of oil
and minerals will not unreasonably interfere with the use of the
property or adjoining property for recreation and if the grantor or
lessor of the surface of the property, if other than the state or the
holder of such a reservation, consents to the proposed prospecting
or extraction.
(c) Upon acquisition of the property, the Director of General
Services shall transfer jurisdiction over the property to the
Department of Parks and Recreation, which shall administer the
property as a unit of the state park system. The 51st District
Agricultural Association may propose a name for the unit. The
department shall carry out a program in that unit of planning,
development, construction, maintenance, administration, and
conservation of trails and areas for the recreational use of
off-highway vehicles and for other related purposes of the state park
system. Areas for the recreational use of off-highway vehicles
shall be administered pursuant to Chapter 1.25 (commencing with
Section 5090.01). The 51st District Agricultural Association may use
the land and facilities within the unit for a fair oriented to
off-highway vehicles for not more than 10 days each year if the
Director of Parks and Recreation approves that use. The director may
impose such terms and conditions upon such use as the director deems
necessary and proper. The dates of that use shall be selected each
year prior to January 1 and shall be subject to the approval of the
Director of Parks and Recreation.
(d) If the Director of General Services determines that it is
necessary, in order to purchase the property, to offer to the person
from whom it is being purchased an option to lease back all or part
of the property, the director may make such an offer if the Director
of Parks and Recreation determines at the time of the purchase that
the property is not then needed for the purposes of the state park
system and will not be needed for the term of the lease thus offered.
At any time after the option expires, the Director of General
Services may offer, under competitive bidding procedures, all or part
of the property for lease if the Director of Parks and Recreation
determines at that time it is not then needed for the purposes of the
state park system and will not be needed for the term of the lease
to be offered. Any lease entered into pursuant to this section shall
be subject to Section 15862 of the Government Code. Notwithstanding
the provisions of Section 15863 of the Government Code, all rent
accruing from any such lease after jurisdiction over the property is
transferred to the Department of Parks and Recreation pursuant to
subdivision (c) shall be paid into the State Treasury to the credit
of the Off-Highway Vehicle Fund and shall be available for
expenditure only for the purposes specified in subdivision (b) of
Section 5090.61.
(e) Any fees or other returns collected by the department in its
administration of the unit shall be paid into the State Treasury to
the credit of the Off-Highway Vehicle Fund and shall be available for
expenditure only for the purposes specified in subdivision (b) of
Section 5090.61.



5006.48. (a) Notwithstanding any other provision of law, the
Director of General Services may acquire, on behalf of the state, a
fee or lesser right or interest in real and personal property in the
Counties of Alameda and San Joaquin located approximately 10 miles
east of the City of Livermore and commonly known as the Carnegie
Cycle Park. If the property is leased, the lease shall be for such
term and for such consideration as is mutally agreed upon by and
between the Director of General Services and the lessor, and
consented to by the Director of Parks and Recreation, and with rent
to be paid by the Department of Parks and Recreation.
(b) Any interest in property acquired pursuant to this section
shall be subject to the provisions of the Property Acquisition Law
(Part 11 (commencing with Section 15850) of Division 3 of Title 2 of
the Government Code).
(c) Upon acquisition of the property, the Director of General
Services shall transfer jurisdiction over the property to the
Department of Parks and Recreation, which shall administer the
property as a unit of the state park system. The Department of Parks
and Recreation shall carry out a program in that unit of planning,
development, construction, maintenance, administration, and
conservation of trails and areas for the recreational use of
off-highway vehicles and for other related purposes of the state park
system. Areas for the recreational use of off-highway vehicles
shall be administered pursuant to Chapter 1.25 (commencing with
Section 5090.01).
(d) The Director of General Services may offer, under competitive
bidding procedures, all or part of the property for lease if the
Director of Parks and Recreation determines at that time it is not
then needed for the purposes of the state park system and will not be
needed for the term of the lease to be offered. Any lease entered
into pursuant to this section shall be subject to Section 15862 of
the Government Code. Notwithstanding the provisions of Section 15863
of the Government Code, all rent accruing from any such lease after
jurisdiction over the property is transferred to the Department of
Parks and Recreation pursuant to subdivision (c) shall be paid into
the State Treasury to the credit of the Off-Highway Vehicle Fund and
shall be available for expenditure only for the purposes specified in
subdivision (b) of Section 5090.61.
(e) Any fees or other returns collected by the Department of Parks
and Recreation in its administration of such unit shall be paid into
the State Treasury to the credit of the Off-Highway Vehicle Fund and
shall be available for expenditure only for the purposes specified
in subdivision (b) of Section 5090.61.


5006.49. Notwithstanding any other provision of law, the California
State Mining and Mineral Museum located in the City of Mariposa,
including all assets, exhibits, and materials, shall be transferred
from the Department of Conservation to the Department of Parks and
Recreation for ownership and operation in accordance with the
Department of Parks and Recreation's rules, regulations, and
guidelines regarding ownership of state parks. All proceeds from the
operation of the museum shall accrue to the Department of Parks and
Recreation.


5006.5. The department, with the consent of the Department of
General Services, may lease any interest in real or personal property
which the department deems necessary or proper for the extension,
improvement, or development of the state park system. No payment
from state money in excess of one thousand dollars ($1,000) a year
shall be made pursuant to any such lease unless and until money equal
to or exceeding one-half of the excess over one thousand dollars
($1,000) shall have been made available for expenditure by the state
for the purpose by some person, corporation, public district,
municipality or political subdivision other than the state, or by the
United States or an agency thereof. No lease shall be executed
under this section until the department has first consulted with the
planning commission of the county in which the department proposes to
lease lands for park or recreational purposes. The provisions of
this section shall not apply when the Department of General Services
leases land for the use of the Department of Parks and Recreation
under Section 14669 of the Government Code.


5006.6. The department, with the approval of the Administrator of
the Resources Agency and the Department of Finance, is authorized to
cooperate and participate with the federal government pursuant to
Public Law 89-161 in the development of recreation facilities, or
with the approval of the Department of Fish and Game, fish and
wildlife enhancement facilities, or both, at Auburn Dam and
Reservoir, Folsom Dam and Reservoir, Nimbus Dam and Lake Natomas, and
County Line Dam and Reservoir, and stream areas in the immediate
vicinity of these facilities.
The department, with the approval of the Administrator of the
Resources Agency and the Department of Finance, is authorized to
administer unit land and water areas for recreation or fish and
wildlife enhancement, or both, and to contract with the federal
government for the operation, maintenance, and replacement of unit
facilities, to assume all costs of such operation, maintenance, and
replacement, and to accept transfer of unit lands or facilities by
lease or exchange upon such terms and conditions as will best promote
the development and operation of such lands or facilities in the
public interest for recreation or fish and wildlife enhancement
purposes, or both. Any such contract entered into by the department
which affects the operation, maintenance or replacement of fish and
wildlife enhancement features is subject to approval by the
Department of Fish and Game.
The State of California, acting by and through the department,
with the approval of the Administrator of the Resources Agency and
the Department of Finance, is authorized to enter into a contract or
contracts with the federal government to pay or repay one-half of the
separable capital costs involved in the development of the
recreation or fish and wildlife enhancement features, or both, at the
Auburn Dam and Reservoir, Folsom Dam and Reservoir, Nimbus Dam and
Lake Natomas, and County Line Dam and Reservoir, and stream areas in
the immediate vicinity of these facilities, pursuant to the
provisions of Public Law 89-161. The agreement for the payment or
repayment of the separable capital costs shall be limited to those
recreation or fish and wildlife enhancement facilities, or both,
specified in the contract. Such payments or repayments may be made
by any or all of the following methods: by legislative appropriation;
by provision of lands, interests therein, or facilities for the
unit; or by a contract or contracts for repayment, with interest,
within 50 years of first use of unit recreation or fish and wildlife
enhancement facilities specified in the contract or contracts. The
source of repayment may be limited to entrance and user fees or
charges collected at the unit by the department if such fees or
charges dedicated to repayment are established on a basis calculated
to achieve repayment and are made subject to review and renegotiation
at intervals of not more than five years. If the source of
repayment is so limited, revenues derived from such fees or charges
shall be deposited in a special account in the Special Deposit Fund
in the State Treasury and used for the purpose of such repayment. If
not so limited, the source of repayment shall be such appropriations
of funds as may from time to time be made for such purpose by the
Legislature.
The department shall cooperate with any local public body
authorized to contract with the federal government pursuant to Public
Law 89-161, including, but not limited to, the Counties of El
Dorado, Placer, and Sacramento, in planning of any proposed
participation with the federal government. The state may contract
with any or all of such counties or other local public bodies for the
operation, maintenance, and replacement of unit facilities, or any
portion thereof, if requested by any or all such counties or other
local public bodies.



5006.7. Pursuant to the provisions of Chapter 1.5 (commencing with
Section 5094) of this division, the Administrator of the Resources
Agency may indicate in writing the state's intent to agree to
administer the project land and water areas at the Marysville Dam and
Reservoir Project on the Yuba River for recreation or fish and
wildlife enhancement, or both of these purposes, as provided in
Public Law 89-72.



5006.8. (a) For purposes of this section, the following definitions
shall apply:
(1) "City" means the City and County of San Francisco.
(2) "Project" means the development of a combination of uses, such
as a stadium, retail and entertainment center, and associated
support uses, including parking, approved by the voters of the city
by Propositions D and F at the June 3, 1997, special election.
(3) "Project area" means the total area necessary for the project
as shown on the site diagram.
(4) "Recreation area" means the Candlestick State Recreation Area.

(5) "Site diagram" means that certain preliminary conceptual site
drawing, dated July 22, 1998, on file with the Department of City
Planning of the city, showing, for reference purposes only, the
project area, including the proposed location of the new ring road,
the area within the inner circumference of the new ring road for
permanent public parking use, and the area outside the outer
circumference of the new ring road for temporary or intermittent
public parking use on state property. For purposes of this section,
the final site diagram for the project area, which shall supersede
any preliminary site diagrams, shall be subject to the approval of
the department and the State Lands Commission.
(6) "State property" means the property or interests in property
owned by the state located within the project area. A portion of the
state property is proprietary land under the jurisdiction of the
Department of Parks and Recreation and the remainder of the state
property is sovereign land under the jurisdiction of the State Lands
Commission.
(b) Notwithstanding any other provision of law, the director may
enter into agreements, on those terms and conditions that the
director determines to be in the best interests of the state,
concerning the development and operation of the project. The
agreements may provide for, without limitation, easements, exchanges,
quit claims, leases, operating agreements, special use permits, or
agreements for the conveyance of fee title of any property interests
of the department within the recreation area. The department shall
receive at least fair market value for the property interests
conveyed by the department. The department may execute leases,
operating agreements, and special use permits regarding proprietary
lands within the state property for terms not exceeding 66 years.
The director may change the boundaries of the recreation area as
necessary to reflect the agreements contemplated by this section.
(c) Notwithstanding any other provision of law, the State Lands
Commission may enter into agreements regarding any sovereign lands
within the state property, on those terms and conditions that the
State Lands Commission determines to be in the best interests of the
state, concerning the development and operation of the project.
Subject to applicable requirements of the public trust for commerce,
navigation, and fisheries, the agreements may provide, without
limitation, for leases, operating agreements, and, to the extent
permitted under paragraph (1) or (2), sale or exchange agreements of
all or any portion of state property. Those leases shall be for a
term not exceeding 66 years. Any land or interest in land received (continued)