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(continued) ceeding 66 years. Any land or interest in land received
in an exchange shall have a value that is equal to or greater than
the value of the property interest conveyed by the State Lands
Commission. In furtherance of the foregoing:
(1) The State Lands Commission may enter into agreements,
including agreements providing for termination of the public trust or
the termination of any trust imposed by Chapter 1333 of the Statutes
of 1968, as amended, or both, for the exchange of trust land within
the project area whereby any of the lands that are subject to the
trust may be exchanged for other land inside or outside the project
area that is at least equal or greater in value, which is useful for
trust purposes, and that is in a location approved by the State Lands
Commission, if the findings set forth in Section 5 of Chapter 310 of
the Statutes of 1987 are made, or, for those lands that are not
included in Chapter 1333 of the Statutes of 1968, as amended, if the
requirements of Section 6307 are satisfied.
(2) For purposes of Section 3 of Article X of the California
Constitution, the Legislature hereby finds and declares that
tidelands within the project area that were reserved to the state
solely for street purposes and that, as found by the State Lands
Commission, meet each of the criteria set forth in subparagraphs (A)
to (E), inclusive, are no longer useful for navigation purposes and
are not necessary for those purposes, and may be sold by the State
Lands Commission, to the city, free of the public trust or any trust
imposed by Chapter 1333 of the Statutes of 1968, as amended, or both.
Before any reserved street areas within the project area may be
sold, the State Lands Commission shall make all of the following
findings regarding reserved street areas proposed for sale:
(A) The area has been filled and reclaimed.
(B) The area is located within the outer circumference of the ring
road for the project, as shown on the site diagram.
(C) The area is no longer needed or required for promotion of the
public trust for commerce, navigation, and fisheries.
(D) The state will receive consideration for the sale of the
street area that is equal to or greater in value than the value of
the street areas sold.
(3) In any case in which the state, pursuant to this section,
conveys filled tidelands or submerged lands to the city, the state
shall reserve all minerals and all mineral rights in the lands of
every kind and character now known to exist or hereafter discovered,
including, but not limited to, oil and gas and rights thereto,
together with the sole, exclusive, and perpetual right to explore
for, remove, and dispose of those minerals by any means or methods
suitable to the state or to its successors and assignees, except
that, notwithstanding Chapter 1333 of the Statutes of 1968, as
amended, or Section 6401, this reservation shall not include the
right of the state or its successors or assignees in connection with
any mineral exploration, removal, or disposal activity, to do either
of the following:
(A) Enter upon, use, or damage the surface of the lands or
interfere with the use of the surface by any grantee or by the
grantee's successors or assignees.
(B) Conduct any mining activities of any nature whatsoever above a
plane located 500 feet below the surface of the lands without the
prior written permission of any grantee of the lands or the grantee's
successors or assignees.
(4) With respect to any filled tidelands or submerged lands
conveyed to the city pursuant to Chapter 2 of the Statutes of 1958,
First Extraordinary Session, the state shall comply with the
limitations on any mineral rights reservations provided for in
paragraph (3), and shall modify the instruments reserving those
mineral rights reservations, as appropriate, to memorialize those
limitations.
(d) The property interests in the state property to be conveyed to
the city pursuant to the authorizations contained in subdivisions
(b) and (c) shall be subject to the following additional limitations:

(1) No more than 20 acres of the state property may be paved or
otherwise used as permanent parking for the project.
(2) No more than 60 acres of state property may be used for
intermittent public parking for football games and a limited number
of other special events related to the project, and for all other
days of the year, that state property shall be available to the
public for recreation purposes. Any agreements related to parking
for the project on state property north of Yosemite Slough shall
terminate no later than January 31, 2004.
(3) The consideration for those property interests may consist of
any of the following:
(A) Monetary consideration.
(B) Improvements to the recreation area that support its use as a
public park.
(C) Replacement of any portion of the recreation area conveyed to
the city with recreation benefits or facilities of equal or greater
value within the recreation area.
(D) Other nonmonetary consideration, including, but not limited
to, relinquishment by the city of its reversionary rights over
parcels conveyed to the state in 1983 for formation of the recreation
area.
(E) Any combination of the foregoing.
(e) All state agencies shall take any necessary or appropriate
action to implement this section in a timely manner.




5007.1. (a) Lands purchased or otherwise acquired by the department
at the Pan Pacific project, which are to be operated and maintained
by other public agencies under agreements entered into pursuant to
Section 5080.30, shall not be subject to Section 5002.1, 5002.2,
5002.3, or 5002.4, or Article 1.7 (commencing with Section 5019.50),
during the term of those agreements. Any facility to be developed on
those lands shall only be constructed in accordance with a
development plan approved by the director.
(b) The Legislature hereby finds and declares that public use
facilities are being contemplated as one of the alternatives for the
Pan Pacific project in the aftermath of the recent fire, and that the
standard 20-year term authorized by law is insufficient to enable
any concessionaire to amortize the type and scale of improvements
that may be constructed. Accordingly, pursuant to subdivision (a) of
Section 5080.18, the term of any concession contract may be for a
period not to exceed 66 years if the contract provides that the rent
shall be reviewed and adjusted at least every 10 years, but not more
often than every five years, to reflect market rates and conditions
prevailing in the area in which the concession is located.



5007.2. Notwithstanding any other provision of law, a contract for
services under the amount of fifty thousand dollars ($50,000) to
restore artifacts at the Hearst San Simeon State Historical Monument
is exempt from Part 2 (commencing with Section 10100) of the Public
Contract Code.



5007.3. (a) In planning, developing, managing, and operating lands
acquired for the Citrus Heritage Park at Mockingbird Canyon, the
department and the State Park and Recreation Commission shall adhere
to the following requirements:
(1) Vehicular and other public access shall be restricted to
Dufferin Avenue between Van Buren Boulevard and Jackson Street.
(2) Interior roads, pathways, and attractions within the park
shall be located so as to minimize opportunities for trespass onto
adjoining nonpark properties, and fencing shall be installed in areas
subject to high visitor usage.
(3) Lands within the park that are upstream of Mockingbird
Reservoir shall be managed as wildlife habitat and open space, and no
facilities for the use of the general public shall be constructed on
those lands.
(4) A program of pest management shall be immediately undertaken
in citrus groves, as they are acquired by the state, to prevent the
spread of pests to nonstate property, and the citrus groves shall be
managed so as to preserve them in a healthy and productive state.
(b) For the purposes of rationalizing the boundaries of the Citrus
Heritage Park, the City of Riverside shall offer for sale, at fair
market value, all of Parcel No. 238-050-003-5 to an adjoining
property owner. If no adjoining property owner purchases that
parcel, the city shall transfer title to that parcel to the state, as
provided in proviso (6) of Item 3790-301-721 of the Budget Act of
1982 (Chapter 326, Statutes 1982).



5007.4. Consistent with the general plan for the unit, the
department may enter into an operating agreement, at no cost to the
state, with a qualified nonprofit organization for the California
Citrus State Historic Park for purposes to include, but not be
limited to, the following:
(a) Managing and maintaining agricultural production.
(b) Leasing individual groves for the purpose of managing and
maintaining agricultural production.
(c) Selling citrus fruit and fruit products at the park.
(d) Using the proceeds of those sales for financing facilities and
programs at the park.
(e) Accepting and spending donations of money for facilities and
programs.


5007.5. Notwithstanding any other provision of law, the department
shall have the right to remove and dispose of all floating logs,
timber, lumber, and other debris deposited on public beaches,
waterways or lands within the state park system, when such deposits
create a hazard or impediment to the public safety, enjoyment, and
use of the public beach, waterway or land.
Logs, timber or lumber which are capable of being identified as
the property of another shall be held by the department for a period
of three months from the time of their removal from any public beach,
waterway or land.
The owner of such property may remove it on payment or tendering
to the department the amount of the damages which the department has
sustained by reason of the drifting of the property upon the public
beaches, waterways or lands within the state park system and which
may accrue in removal of the property.
If the property remains unclaimed after the three months period
the department may dispose of such logs, timber or lumber by
destruction, sale or use.



5008. (a) The department shall protect the state park system and
the state vehicular recreation area and trail system from damage and
preserve the peace therein.
(b) The director may designate any officer or employee of the
department as a peace officer. The primary duties of the peace
officer shall be the enforcement of this division, Sections 4442 and
4442.5, the rules and regulations of the department, Chapter 5
(commencing with Section 650) of Division 3 of the Harbors and
Navigation Code, the rules and regulations of the Department of
Boating and Waterways, Chapter 2 (commencing with Section 9850) of
Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with
Section 38000) of the Vehicle Code and to arrest persons for the
commission of public offenses within the property under its
jurisdiction. The authority and powers of the peace officer shall be
limited to those conferred by law upon peace officers listed in
Section 830.2 of the Penal Code.
(c) The department shall protect property included in the
California recreational trail system and the property included in the
recreational trail system under Section 6 of Chapter 1234 of the
Statutes of 1980 from damage and preserve the peace therein. The
primary duties of any officer or employee designated a peace officer
under this section shall include enforcement of the rules and
regulations established by the department under subdivision (l) of
Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of
persons for the commission of public offenses within the property
included in the recreational trail system under Section 6 of Chapter
1234 of the Statutes of 1980.
(d) Any person who violates the rules and regulations established
by the department is guilty of a misdemeanor and upon conviction
shall be punished by imprisonment in the county jail not exceeding 90
days, or by a fine not exceeding one thousand dollars ($1,000), or
by both that fine and imprisonment, except that at the time a
particular action is commenced, the judge may, considering the
recommendation of the prosecuting attorney, reduce the charged
offense from a misdemeanor to an infraction. Any person convicted of
the offense after such a reduction shall be punished by a fine of
not less than ten dollars ($10) nor more than one thousand dollars
($1,000).



5008.1. (a) When it is determined by the director to be in the
public interest, and subject to the fees, rules, and regulations of
the department, visitors to units of the state park system may bring
animals into those units.
(b) Any animal brought into a state park system unit pursuant to
subdivision (a) shall be under the immediate control of the visitor
or shall be confined, and under no circumstance shall the animal be
permitted to do any of the following:
(1) Pose a threat to public safety and welfare.
(2) Create a public nuisance.
(3) Pose a threat to the natural or cultural resources of the unit
or to the improvements at the unit.
(c) The department may require a person bringing an animal into a
state park system unit pursuant to subdivision (a) to provide proof
of appropriate immunizations and valid licenses.
(d) This section does not apply to dogs used to lawfully pursue
game in season at units of the state park system where hunting is
allowed.



5008.2. (a) Peace officers and other designated employees of the
department may capture any animal (1) which is not confined or under
the immediate control of a person visiting the unit, (2) which poses
a threat to public safety and welfare, to the natural or cultural
resources of the unit, or to the improvements at the unit, or (3)
which is a public nuisance.
(b) Peace officers may dispatch any animal which poses an
immediate or continuing threat (1) to public safety and welfare or
(2) to wildlife at the unit.
(c) Owners of animals with identification that have been captured
or dispatched pursuant to this section shall be notified within 72
hours after capture or dispatch.
(d) This section does not apply to dogs used to lawfully pursue
game in season at units of the State Park System where hunting is
permitted.
(e) The authority conferred by this section on peace officers or
designated employees of the department may only be exercised on or
about property owned, operated, controlled, or administered by the
department.



5008.4. Moneys deposited in the State Parks and Recreation Fund
pursuant to Section 1463.02 of the Penal Code are available, when
appropriated by the Legislature, only for the following purposes:
(a) The payment of refunds of fines and forfeitures determined by
the Controller to have been erroneously deposited in the fund.
(b) The training of department employees in the Ranger/Lifeguard
classification, including, but not limited to, resource management
and protection, law enforcement, interpretation, first aid,
cardiopulmonary resuscitation and medical technical training, subject
to all of the following:
(1) Reimbursement for training under the section shall not exceed
the reimbursement rates of the Commission on Peace Officer Standards
and Training, but reimbursements for salaries may be up to 100
percent of actual costs.
(2) Reimbursements for salaries shall be allocated to the assigned
work locations of the employees receiving training to be used for
salary or overtime payments for rangers and lifeguards assigned to
those work locations.
(3) Expenditures under this subdivision in any fiscal year shall
not exceed 90 percent of the moneys on deposit on June 30 of the
preceding fiscal year.



5008.5. In any prosecution charging a violation within any unit of
the state park system of the rules and regulations of the department,
Section 655.2 or Chapter 5 (commencing with Section 650) of Division
3 of the Harbors and Navigation Code, or the rules and regulations
of the Department of Boating and Waterways, proof by the people of
the State of California that the vehicle or vessel described in the
complaint was parked or placed in violation of any provision of these
statutes or rules and regulations together with proof that the
defendant named in the complaint was, at the time of the parking or
placing, the registered owner of the vehicle or vessel, shall
constitute prima facie evidence that the registered owner of the
vehicle or vessel was the person who parked or placed the vehicle or
vessel at the point where, and for the time during which, the
violation occurred, but the proof that a person is the registered
owner of a vehicle or vessel is not prima facie evidence that the
person has violated any other provision of law. The above provisions
shall apply only when there has been compliance with the procedure
required by Article 3 (commencing with Section 40200) of Chapter 1 of
Division 17 of the Vehicle Code. Proof of a written lease of, or
rental agreement for, a particular vehicle or vessel described in the
complaint, on the date and time of the violation, which lease or
rental agreement includes the name and address of the person to whom
the vehicle or vessel is leased or rented, shall rebut the prima
facie evidence that the registered owner was the person who parked or
placed the vehicle at the time and place where the violation
occurred.
Any charge under this section shall be dismissed when the person
charged has made a bona fide sale or transfer of the vehicle or
vessel and has delivered possession thereof to the purchaser and has
complied with the requirements of subdivision (a) or (b) of Section
5602 of the Vehicle Code or with Section 710 of the Harbors and
Navigation Code prior to the date of the alleged violation and has
advised the court of the name and address of the purchaser.



5008.6. Notwithstanding any other provision of law, the judge
before whom any person is tried for a violation of any provision of
this code within the jurisdiction of the department, or regulation
adopted pursuant thereto, may, upon the conviction of the accused,
order the forfeiture of any device or apparatus which is designed to
and capable of injuring or killing any person or animal or capturing
any animal and which was used in committing the offense charged. The
department shall either sell or destroy any device or apparatus so
forfeited. The proceeds from all sales shall be paid into the State
Parks and Recreation Fund, segregated with the money deposited
pursuant to Section 5008.4, and available only for the purposes of
Section 5008.4. For purposes of this section, forfeiture of bail is
a conviction.



5008.7. Every person convicted of a violation of any rule or
regulation adopted by the department pursuant to this division
prohibiting the leaving, depositing, dropping, or scattering of
bottles, broken glass, ashes, wastepaper, cans, or other rubbish in
any unit of the state park system shall be punished by a mandatory
fine of not less than one hundred dollars ($100) nor more than one
thousand dollars ($1,000) upon a first conviction, by a mandatory
fine of not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000) upon a second conviction, and by a
mandatory fine of not less than seven hundred fifty dollars ($750)
nor more than one thousand dollars ($1,000) upon a third or
subsequent conviction.
The court may, in addition to the fine imposed upon a conviction,
require as a condition of probation, in addition to any other
condition of probation, that any person convicted of a violation of
this section pick up litter at a time and place within the
jurisdiction of the court for not less than eight hours.




5008.8. After January 1, 1989, every peace officer authorized
pursuant to Section 5008, shall have satisfactorily completed, prior
to the date he or she is first designated a peace officer, the basic
training course established by the Commission on Peace Officer
Standards and Training.



5009. The State park contingent fund is continued in existence.
All moneys collected or received from gifts or bequests, or from
municipal or county appropriations or donations for improvements or
additions to the State park system shall be deposited in the State
treasury to the credit of the contingent fund. All moneys so
deposited shall be used for the improvement or administration of
State parks, or the acquisition of additional lands and properties
for the State park system, in accordance with the terms of the gift,
bequest or municipal or county appropriation or donation from which
the moneys are derived.


5009.1. (a) The department may enter into an agreement to accept
funds from any person, corporation or other business entity, or
organization for the maintenance or operation, on a nonprofit basis,
of a designated state park system unit or facility. Any funds so
received shall be deposited in a separate account in the State Park
Contingent Fund. The funds received shall supplement existing
resources for the purpose of enhancing the maintenance or operation
of the unit or facility, with priority given to preventing closure or
reduced hours of service to the public. The department and the
sponsoring person, entity, or organization shall specify in the
agreement the level of service which is to be performed.
(b) The department may enter into an agreement to accept services
from any person, corporation or other business entity, or
organization for the cleanup, repair, or enhancement of any
designated state park system unit or facility. Under the direction
of the department, these services shall supplement existing staff
resources for the purpose of enhancing the maintenance and operation
of the unit or facility.
(c) The director may authorize the erection of an appropriate sign
in recognition of the sponsorship, consistent with existing law and
with the rules and regulations of the department regarding signs in
units of the state park system.



5009.2. (a) The department may enter into an agreement to accept
funds from any person, business entity, or organization for the
maintenance or operation of a state beach, any other unit of the
state park system that encompasses a beach, or any area or facility
of the state beach or other unit. Any funds so received shall be
deposited in a separate account in the State Park Contingent Fund.
The funds received shall supplement existing resources for the
purposes of enhancing the maintenance or operation of the state
beach, other unit of the state park system that encompasses a beach,
or area or facility of the state beach or other unit. The department
and the sponsoring person, business entity, or organization may
specify in the agreement the level of maintenance or operation that
will be performed.
(b) The department may also enter into an agreement to accept
services from any person, business entity, or organization for the
operation, maintenance, or enhancement of a state beach, other unit
of the state park system that encompasses a beach, or area or
facility of the state beach or other unit, on a nonprofit basis.
Under the direction of the department, those services shall
supplement existing staff resources for the purposes of operation,
maintenance, or enhancement of the state beach, area, or facility.
(c) The director may authorize the erection of an appropriate sign
in recognition of that sponsorship, in accordance with department
rules and regulations regarding signs in the state park system.
(d) The activities authorized by this section shall be implemented
as part of the department's Adopt-A-Beach program.



5009.3. Notwithstanding any other provision of law, the department
may enter into an agreement or agreements with private, nonprofit
public benefit corporations or other private entities, as may be
appropriate, to assist the department in its efforts to secure
long-term private funding sources for any and all units of the state
park system and to ensure that they are preserved and open for public
use and enjoyment. The authority to enter into those agreements
shall include, but not be limited to, securing donations,
memberships, corporate and individual sponsorships, and marketing and
licensing agreements.


5010. (a) The department may collect fees, rents, and other returns
for the use of any state park system area, the amounts to be
determined by the department. The department may accept a credit
card as a method of payment for fees collected through the department'
s reservation system. Any contract executed by the department with
credit card issuers or draft purchasers shall be consistent with
Section 6159 of the Government Code. Notwithstanding Title 1.3
(commencing with Section 1747) of Part 4 of Division 3 of the Civil
Code, the department may impose a surcharge in an amount to cover the
cost of providing the reservation service, including reimbursement
for any fee or discount charged by the credit card issuer.
(b) All revenues received by the department during each fiscal
year shall be paid into the State Treasury to the credit of the State
Parks and Recreation Fund, which is hereby created.
(c) Notwithstanding subdivision (b), all revenues received by the
department from the state vehicular recreation areas shall be paid
into the State Treasury to the credit of the Off-Highway Vehicle
Trust Fund, as required by Section 38225 of the Vehicle Code.
(d) All revenues received by the department for the entry or
launching of boats shall be paid into the State Treasury to the
credit of the State Parks and Recreation Fund and shall be used for
boating safety, enforcement, operation, and maintenance programs of
the department.
(e) On July 1, 1980, all existing balances, including
unappropriated balances and encumbered and unencumbered balances, of
the following funds and accounts shall be transferred to the State
Parks and Recreation Fund:
(1) Park and Recreation Revolving Account (Section 5098, Public
Resources Code, as added by Chapter 1222, Statutes of 1972).
(2) The Resources Protection Account (Section 8600, Public
Resources Code, as added by Chapter 1052, Statutes of 1969).
(3) Collier Park Preservation Fund (Section 5010, Public Resources
Code, as added by Chapter 1502, Statutes of 1974).
(4) San Francisco Maritime State Historic Park Account (Section 2,
Chapter 1764, Statutes of 1971).
(5) State Park Highway Account, Bagley Conservation Fund (Section
2107.7, Streets and Highways Code, as added by Chapter 1032, Statutes
of 1973).
(6) All funds received by the department pursuant to Division 21
(commencing with Section 31000).
(7) Hostel Facilities Use Fees Account (Section 2, Chapter 265,
Statutes of 1974).
(8) All funds, other than expended funds, previously appropriated
to the department from the Bagley Conservation Fund.
(f) On and after July 1, 1980, all funds, other than those
specified in subdivisions (g) and (h), in the State Parks and
Recreation Fund shall be available for expenditure for state park
planning, acquisition, and development projects, operation of the
state park system, and resource and property management and
protection, when appropriated by the Legislature.
(g) All funds in the State Parks and Recreation Fund which had
previously been appropriated and have become encumbered, may be used,
without further appropriation, for liquidation of those
encumbrances, upon the same terms and conditions as made by those
previous appropriations.
(h) The balance of any unencumbered funds in the State Park
Highway Account in the Bagley Conservation Fund shall be transferred
to the State Parks and Recreation Fund and shall be available for
expenditure as provided in subdivisions (b) and (c) of Section 2107.7
of the Streets and Highways Code.
(i) All funds received by the Department of Parks and Recreation
from the auction sales conducted pursuant to Section 2080.6 of the
Civil Code shall be paid into the State Treasury to the credit of the
State Parks and Recreation Fund and shall be used for training
department employees in the Ranger/Lifeguard classification,
including, but not limited to, resource management and protection,
law enforcement, interpretation, first aid, cardiopulmonary
resuscitation, and medical technical training.



5010.1. (a) All fees, rents, and other returns for the use of any
state park system area are the property of the state or the public
agency operating a state park system area pursuant to an agreement
entered into pursuant to Article 2 (commencing with Section 5080.30)
of Chapter 1.2. However, whenever significant savings can be
achieved by the department or the operating public agency, the
department or the public agency may enter into a contract with a
concessionaire, lessee, or other natural person, corporation,
partnership, or association for the collection of fees, rents, or
other returns on behalf of the state or the public agency. The
contract may provide for the retention of a portion of any fee, rent,
or other return as reimbursement for the cost of collection.
(b) Whenever significant savings can be achieved, the department
may enter into a contract with any natural person, corporation,
partnership, or association for the operation of a reservation system
for the state park system and for the collection of state park fees
in connection therewith. The contract may provide for the retention
of a portion of every fee or the imposition of a surcharge as
reimbursement for the cost of providing that service.



5010.2. The department shall not collect from any group of pupils
in kindergarten or grades 1 to 12, inclusive, or their escorts,
including, but not limited to, teachers, other supervisory personnel,
and busdrivers, any fee, rental or other return for the use of any
unit in the state park system, except Hearst San Simeon State
Historic Monument, which would otherwise be collectible pursuant to
Section 5010, when the group is visiting the area pursuant to a
school outing or field trip under the direction of school personnel
and has made prior arrangements with the department either through
reservation or contact with the department's historical unit manager.

This section shall apply to both public and private schools
located in the state.
It is the intent of the Legislature that this section applies to
the day use of units in the state park system unless the Director of
Parks and Recreation authorizes overnight camping by those groups
designated in this section.



5010.5. The director may authorize the refund of moneys received or
collected by himself or by the department illegally, or by mistake,
inadvertence, or error. Claims authorized by the director shall be
filed with the State Controller and the Controller shall draw his
warrant against the General Fund in payment of such refund from any
appropriation made for that purpose.



5011. Any person receiving aid to the aged, blind, or disabled
under Chapter 3 (commencing with Section 12000) of Part 3 of Division
9 of the Welfare and Institutions Code, any person receiving aid to
families with dependent children under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or any person over 62 years of age whose total
monthly income from all sources, including any old age assistance
payments, does not exceed the amount specified in subdivision (c) of
Section 12200 of the Welfare and Institutions Code for a single
person, or in subdivision (d) of that section for married persons, as
adjusted pursuant to Section 12201 of that code, upon application
therefor and payment of ($5) to the Department of Parks and
Recreation, shall be issued a "Golden Bear Pass" which is valid for
the specified year and which entitles the bearer and spouse to free
use on any day of the day-use facilities in units of the state park
system, except Hearst San Simeon State Historical Monument, Sutter's
Fort State Historic Park, and the California State Railroad Museum,
under limitations as may be determined by departmental regulation
regarding peak hours and contractual arrangements with vendors. The
pass shall entitle the bearer and spouse to have access only to
day-use facilities and not to the use of any other facilities.
The department shall not grant half price privileges or offer any
discount for the use of state park system facilities on the basis of
the pass authorized by this section.
Notwithstanding the preceding paragraph, the department shall
develop and implement, on or before January 1, 1986, a senior
discount program for the use of state park system facilities. The
program may be modified after January 1, 1991, to include a "Golden
Bear Senior Pass" available to any person over 62 years of age for an
annual fee fixed by the department, valid for the specified year,
and entitling the bearer and spouse to the use of day and camping
facilities as specified by the department. The department shall set
the fee for the "Golden Bear Senior Pass" and shall specify the
facilities and times for which the pass is valid so as to minimize
any loss in total annual park revenues to the department.



5011.5. (a) A veteran of any war in which the United States has
been, or may be engaged, who is a resident of this state, upon
presentation to the department of proof of disability or proof of
being held captive as a prisoner of war and of an honorable discharge
from service, upon application therefor and payment of three dollars
and fifty cents ($3.50), shall be issued a pass entitling the bearer
to the use of all facilities, including boat launching facilities,
in units of the state park system.
(b) As used in this section:
(1) "Veteran" means any former member of the Armed Forces of the
United States who has a 50 percent or greater service-connected
disability, or who was held as a prisoner of war by forces hostile to
the United States, as certified by the United States Department of
Veterans Affairs, and who was honorably discharged from service.
(2) "War" means that period of time commencing when Congress
declares war or when the Armed Forces of the United States are
engaged in active military operations against any foreign power,
whether or not war has been formally declared, and ending upon the
termination of hostilities as proclaimed by the President of the
United States.



5012. The department may, upon application by the proper
authorities, grant permits and easements for the following purposes
and upon such terms as the department may prescribe:
(a) To a public agency for public roads.
(b) To a public agency for utility lines.
(c) For electric, gas, water, sewer, telephone, telegraph and
utility lines, and pipelines and structures incidental thereto, to
perform a public service or oil or gas pipelines.
(d) To a public agency for channels or facilities for the
development of small craft harbors and recreational areas.
(e) To any oil and gas lessee of the State for pipeline right of
way purposes.
No permit, easement, or right of way for oil or gas pipelines
shall be granted pursuant to this section as to any land acquired by
the State for beach or park purposes by condemnation after September
18, 1959, unless and until a period of 12 calendar months has elapsed
following the date of acquisition of such land.



5012.1. In any lease, easement, right-of-way, license, or permit
entered into whereby the department leases real property, obtains a
license, permit, or a grant of easement or right-of-way to enter upon
the property, the department may agree to indemnify and hold
harmless the grantor, lessor, licensor, or permittor by reason of the
uses or entry authorized by such lease, easement, right-of-way,
license, or permit, and may agree to pay for any damages caused by
such authorized use or entry. Insurance may be purchased by the
Department of General Services, upon request of the department, to
protect the department against loss or expense arising out of such a
lease, license, permit, easement or right-of-way.



5012.2. (a) Notwithstanding any other provision of law, subsequent
to the creation of an easement for a roadway connecting to Mulholland
Drive through the Mulholland Scenic Corridor and Topanga State Park
or other state-owned parkland, the department may impose conditions
and restrictions on the development of the roadway thereon and upon
contiguous portions of Mulholland Drive if the director finds that
geologic or other circumstances exist which cause or may cause
substantial damage to state-owned park resources.
(b) Notwithstanding any other provision of law, these conditions
and restrictions, including the imposition of, and compliance with,
these conditions and restrictions, shall not constitute a new project
or otherwise affect the validity of recorded tract maps or other
entitlements, shall supersede, preempt, and replace any conditions,
restrictions, or other requirements imposed on, or in connection with
those tract maps and other entitlements to the extent inconsistent
with these conditions and restrictions, and shall not in any way
jeopardize previously approved projects or cause a reopening of a
previously completed environmental review process. This subdivision
shall not be of any legal effect, for the purpose of superseding and
preempting any locally imposed conditions, unless the owner of the
property subject to locally imposed conditions shall pay the amount
of the estimated cost savings as a result of superseding the locally
imposed conditions to the Los Angeles County Transportation
Commission for traffic mitigation within the San Fernando Valley
Statistical Area, as defined in Section 11093 of the Government Code,
on or before December 31, 1991.



5013. The department may acquire, purchase, and obtain objects of
historical interest, and it may purchase sites for and establish and
maintain museums for such objects.



5014. The Director of Parks and Recreation shall convey to the
Hussey Ranch Corporation, upon such terms and conditions as he
determines are in the best interests of the State, all of the right,
title, and interest of the State of California in and to the
right-of-way for a term of 100 years from September 11, 1905,
acquired by the State by deed dated June 1, 1943, recorded in Book 61
of Deeds, page 147, Records of Del Norte County, California, and
described in a conveyance by Frank Hussey to the Del Norte Company, a
corporation, by deed dated September 11, 1905, recorded in Book B of
Agreements, page 156, Records of Del Norte County, California, to be
"* * * a right of way 30 feet in width on the lands of said Hussey
bordering the edge of the timber sold by said Hussey to said Del
Norte Company * * * solely for the purpose of removing the logs and
other timber from the tract of land belonging to the said Del Norte
Company and such other lands adjoining as it may hereafter acquire
and for the purpose of doing such other things as may be necessary or
convenient in the removing of said timber of various sorts and
shapes."



5015. (a) In recognition of the late Robert H. Meyer's many
contributions to the growth and improvement of the state park system,
the El Matador, El Pescador, and La Piedra State Beaches are hereby
designated and shall be known collectively as the Robert H. Meyer
Memorial State Beaches.
(b) Not later than January 15, 1984, the department shall erect
appropriate signs at, and in the vicinity of, the state beaches to
reflect the designation made by this section. Thereafter, the
department shall cause all directories and other publications
concerning the state park system to reflect that designation as the
publications are periodically revised.



5015.5. The Baldwin Hills State Recreation Area is hereby
designated and shall be known as the Kenneth Hahn State Recreation
Area.
The department shall erect appropriate signs to reflect the
designation made by this section and shall cause all directories and
other publications concerning the state park system to reflect the
designation as the publications are periodically revised.



5015.6. In recognition of the late Ed Z'berg's many contributions
to the growth and improvement of the state park system, Sugar Pine
Point State Park is hereby designated and shall be known as the Ed Z'
berg Sugar Pine Point State Park.


5016. In order to eliminate or acquire privately owned lands
situated within the exterior boundaries of the Anza-Borrego Desert
State Park, the department is authorized to exchange for such lands
other lands of approximately equal value which have been or may
hereafter be patented to the state for park purposes by the federal
government. In making the exchanges the department may comply with
all rules prescribed by the Secretary of the Interior relating
thereto.


5016.1. In order to exchange certain lands patented to the State of
California for park purposes situated outside and within 10 miles of
the exterior boundaries of the Anza-Borrego Desert State Park for
the purpose of acquisition of other public domain lands needed for
park purposes still within these boundaries as well as elsewhere in
the state, the department is authorized to exchange such lands for
lands of approximate equal value which may be made available for park
purposes by the federal government. In making the exchanges the
department may comply with all rules prescribed by the Secretary of
Interior relating thereto.


5018. Whenever, after the receipt of a report submitted pursuant to
Section 5017 with respect to a state beach or park or recreational
area, the Legislature appropriates money for the acquisition,
development, or construction of such state beach or park or
recreational area, the department shall forthwith commence with such
acquisition, development, or construction.



5018.1. (a) Notwithstanding any other provision of law, the
Department of Finance may delegate to the department the right to
exercise the same authority granted to the Division of the State
Architect and the Real Estate Services Division in the Department of
General Services, to plan, design, construct, and administer
contracts and professional services for legislatively approved
capital outlay projects.
(b) Any right afforded to the department pursuant to subdivision
(a) to exercise project planning, design, construction, and
administration of contracts and professional services may be revoked,
in whole or in part, by the Department of Finance at any time prior
to January 1, 2009.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.



5019. When property is deeded to the State for park or beach
purposes, oil and mineral rights in such property may be reserved in
such deeds by the grantor; provided, that any prospecting or
extracting of oil and minerals shall in no manner disturb the surface
of such property or any improvements placed in or upon the property
in pursuit of its use for recreation.



5019.5. Before any park or recreational area developmental plan is
made, the department shall cause to be made a land carrying capacity
survey of the proposed park or recreational area, including in such
survey such factors as soil, moisture, and natural cover.