CCLME.ORG - NELEDLY-HART STATE URBAN AND COASTAL PARK BOND ACT OF 1976 (PRC Chapter 1.68 (commencing with PRC 5096.111) Div. 5)
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PRC Sec 5096.111-5096.139 NEJEDLY-HART STATE, URBAN, AND COASTAL PARK BOND ACT OF 1976 (PARKS AND MONUMENTS)

PUBLIC RESOURCES CODE
SECTION 5096.111-5096.139





5096.111. This chapter shall be known and may be cited as the
Nejedly-Hart State, Urban, and Coastal Park Bond Act of 1976.



5096.112. The Legislature hereby finds and declares that:
(a) It is the responsibility of this state to provide and to
encourage the provision of recreational opportunities for the
citizens of California.
(b) It is the policy of the state to preserve, protect, and, where
possible, to restore coastal resources which are of significant
recreational or environmental importance for the enjoyment of present
and future generations of persons of all income levels, all ages,
and all social groups.
(c) When there is proper planning and development, parks, beaches,
recreation areas and recreational facilities, and historical
resources preservation projects contribute not only to a healthy
physical and moral environment, but also contribute to the economic
betterment of the state, and, therefore, it is in the public interest
for the state to acquire, develop, and restore areas for recreation,
conservation, and preservation and to aid local governments of the
state in acquiring, developing, and restoring such areas as will
contribute to the realization of the policy declared in this chapter.



5096.113. The Legislature further finds and declares that:
(a) The demand for parks, beaches, recreation areas and
recreational facilities, and historical resources preservation
projects in California is far greater than what is presently
available, with the number of people who cannot be accommodated at
the area of their choice or any comparable area increasing rapidly.
(b) The demand for parks, beaches, recreation areas and
recreational facilities, and historical resources preservation
projects in the urban areas of our state are even greater: over 90
percent of the present population of California reside in urban
areas; there continues to be approximately a 30 percent deficiency in
open space and recreation areas in the metropolitan areas of the
state; less urban land is available, costs are escalating, and
competition for land is increasing.
(c) There is a high concentration of urban social problems in
California's major metropolitan areas which can be partially
alleviated by increased recreational opportunities.
(d) California's coast provides a great variety of recreational
opportunities not found at inland sites; it is heavily used because
the state's major urban areas lie, and 85 percent of the state's
population lives, within 30 miles of the Pacific Ocean; a shortage of
facilities for almost every popular coastal recreation activity
exists; and there will be a continuing high demand for popular
coastal activities such as fishing, swimming, sightseeing, general
beach use, camping, and day use. Funding for the acquisition of a
number of key coastal sites is critical at this time, particularly in
metropolitan areas where both the demand for and the deficiency of
recreational facilities is greatest. Current development pressures
in urbanized areas threaten to preclude public acquisition of these
key remaining undeveloped coastal parcels unless these sites are
acquired in the near future.
(e) Increasing and often conflicting pressures on limited coastal
land and water areas, escalating costs for coastal land, and growing
coastal recreational demand requires, as soon as possible, funding
for, and the acquisition of, land and water areas needed to meet
demands for coastal recreational opportunities and to implement
recommendations for acquisitions of the Coastal Plan prepared and
adopted in accordance with the requirements of the California Coastal
Zone Conservation Act of 1972.
(f) By 1980, the need for local parks, beaches, and recreation
areas and recreational facilities will be nearly twice as great as
presently required.
(g) By 1980, unless the lands and waters that hold recreation
potential today are acquired or reserved for recreation as soon as
possible, there will be a marked shortage of recreation lands and
waters on a local and regional basis.
(h) Cities, counties, and districts must exercise constant
vigilance to see that the parks, beaches, recreation lands and
recreational facilities, and historical resources they now have are
not lost to other uses; they should acquire additional lands as such
lands become available; they should take steps to improve the
facilities they now have.
(i) Past and current funding programs have not and cannot meet
present deficiencies.
(j) There is a pressing need to provide statutory authority and
funding for a coordinated state program designed to provide expanded
public access to the coast, to preserve prime coastal agricultural
lands, and to restore and enhance natural and man-made coastal
environments.
(k) In view of the foregoing, the Legislature declares that an
aggressive, coordinated, funded program for meeting existing and
projected recreational demands must be implemented without delay.




5096.114. Bonds in the total amount of two hundred eighty million
dollars ($280,000,000), or so much thereof as is necessary, may be
issued and sold to provide a fund to be used for carrying out the
purposes expressed hereinafter, and to be used to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. Said bonds shall, when sold, be and
constitute a valid and binding obligation of the State of California,
and the full faith and credit of the State of California are hereby
pledged for the punctual payment of both principal and interest on
said bonds as said principal and interest become due and payable.



5096.115. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected such sum in
addition to the ordinary revenues of the state as shall be required
to pay the principal and interest on said bonds maturing in said
year, and it is hereby made the duty of all officers charged by law
with any duty in regard to the collection of said revenue to do and
perform each and every act which shall be necessary to collect such
additional sum.



5096.116. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this act, such an amount as will
equal the following:
(a) Such sum annually as will be necessary to pay the principal
and interest on bonds issued and sold pursuant to the provisions of
this chapter, as said principal and interest become due and payable.

(b) Such sum as is necessary to carry out the provisions of
Section 5096.117, which sum is appropriated without regard to fiscal
years.



5096.117. For the purposes of carrying out the provisions of this
chapter the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which have been authorized to
be sold for the purpose of carrying out this chapter. Any amounts
withdrawn shall be deposited in the State, Urban, and Coastal Park
Fund or the State Coastal Conservancy, which depositories are hereby
created. Any moneys made available under this section shall be
returned to the General Fund from moneys received from the sale of
bonds sold for the purpose of carrying out the provisions of this
chapter.



5096.1175. Notwithstanding any other provision of this bond act, or
of the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.



5096.118. The proceeds of bonds issued and sold pursuant to this
chapter shall be deposited in the State, Urban, and Coastal Park Fund
or the State Coastal Conservancy. The money in such depositories
may be expended only for the purposes specified in this chapter and
only pursuant to appropriation by the Legislature in the manner
hereinafter prescribed.



5096.119. All proposed appropriations for the program specified in
Section 5096.124 shall be included in a section in the Budget Bill
for each fiscal year for consideration by the Legislature, and shall
bear the caption "Nejedly-Hart State, Urban, and Coastal Park Bond
Act Program." The section shall contain separate items for each
project for which an appropriation is made.
All proposed appropriations for purposes specified in Section
5096.125 shall be included in a section of the Budget Bill for each
fiscal year for consideration by the Legislature, and shall bear the
caption "State Coastal Conservancy." The section shall contain
separate items for each project for which an appropriation is made.
Such appropriations shall be subject to all limitations contained
in the Budget Bill and to all fiscal procedures prescribed by law
with respect to the expenditure of state funds unless expressly
exempted from such laws by a statute enacted by the Legislature.
Such sections shall contain proposed appropriations only for the
programs contemplated by this chapter, and no funds derived from the
bonds authorized by this chapter may be expended pursuant to an
appropriation not contained in such sections of the Budget Act.



5096.120. The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3, Division 4, Title 2 of the Government Code) and all
of the provisions of that law are applicable to the bonds and to
this chapter, and are hereby incorporated in this chapter as though
set forth in full herein.



5096.121. The State Park and Recreation Finance Committee is hereby
created. The committee consists of the Governor, the State
Controller, the Director of Finance, the State Treasurer, and the
Secretary of the Resources Agency. For the purposes of this chapter
the State Park and Recreation Finance Committee shall be "the
committee" as that term is used in the State General Obligation Bond
Law. The Secretary of the Resources Agency is hereby designated as
"the board" for the purposes of this chapter and for the purposes of
the State General Obligation Bond Law.



5096.122. All money deposited in the State, Urban, and Coastal Park
Fund or the State Coastal Conservancy which is derived from premium
and accrued interest on bonds sold shall be reserved in such
depositories and shall be available for transfer to the General Fund
as a credit to expenditures for bond interest.



5096.123. As used in this chapter and for the purposes of this
chapter as used in the State General Obligation Bond Law, the
following words shall have the following meanings:
(a) "State grant" or "state grant moneys" means moneys received by
the state from the sale of bonds authorized by this chapter which
are available for grants to counties, cities, and districts for
acquisition, development, or restoration of real property for park,
beach, recreational, and historical resources preservation purposes.

(b) "District" means any district authorized to provide park and
recreation services, except a school district.
(c) "Historical resource" includes, but is not limited to, any
building, structure, site, area, or place which is historically or
archaeologically significant, or is significant in the architectural,
engineering, scientific, economic, agricultural, educational,
social, political, military, or cultural annals of California.
(d) "Historical resources preservation project" is a project
designed to preserve an historical resource which is either listed in
the National Register of Historic Places or is registered as either
a state historical landmark or point of historical interest pursuant
to Section 5021.
(e) "Coastal recreational resources" means those land and water
areas adjacent to or in close proximity to the Pacific Ocean which
are suitable for public park, beach, or recreational purposes,
including, but not limited to, areas of historical significance and
areas of open space that complement park, beach, or recreational
areas.


5096.124. Except as otherwise provided in this section or elsewhere
in this chapter, all money deposited in the State, Urban, and
Coastal Park Fund shall be available for appropriation as set forth
in Section 5096.119 for the purposes set forth below in amounts not
to exceed the following:


(a) For grants to counties, cities, and dis-
tricts for the acquisition, development, or
restoration of real property for park,
beach, recreational, and historical re-
sources preservation purposes, including
state administrative costs .................. $85,000,000
(b) For acquisition, development, or restora-
tion of real property for the state park
system in accordance with the following
schedule .................................... $34,000,000
Schedule:
(1) Thirteen million dollars ($13,000,000)
for acquisition and costs for planning
and interpretation.
(2) Twenty-one million dollars ($21,000,000)
for development of real property,
historical resources, and costs for
planning and interpretation.
(c) For acquisition of coastal recreational re-
sources, consisting of real property for
the state park system and costs of planning
and interpretation .......................... $110,000,000
(d) For the acquisition or development of real
property for wildlife management in accord-
ance with the Wildlife Conservation Law of
1947 (Chapter 4 (commencing with Section
1300), Division 2, Fish and Game Code),
including costs for planning and interpre-
tation in accordance with the following
schedule .................................... $15,000,000
Schedule:
(1) Ten million dollars ($10,000,000) for
coastal projects.
(2) Five million dollars ($5,000,000) for all
projects, including coastal projects.
(e) For recreational facilities of the State
Water Facilities, as defined in paragraphs
(1) to (4), inclusive, of subdivision (d)
of Section 12934 of the Water Code, for
allocation in accordance with the following
schedule .................................... $26,000,000
Schedule:
(1) Fifteen million dollars ($15,000,000) to
the Department of Parks and Recreation,
of which up to six million dollars
($6,000,000) may be used for recreational
facilities at Lake Elsinore, whether or
not such facilities are a part of the
State Water Facilities.
(2) Five million dollars ($5,000,000) to
the Department of Water Resources.
(3) Six million dollars ($6,000,000) to
the Department of Boating and
Waterways.

It is the intent of the Legislature that funds expended pursuant
to subdivisions (a) and (b) of this section may be used for the
acquisition of parks, beaches, open-space lands, and historical
resources, and for development rights and scenic easements in
connection with such lands and resources, and, in the case of grants
to counties, cities, and districts, also for the development or
restoration of such lands or resources and that funds expended
pursuant to subdivision (c) of this section be in accordance with the
following criteria and priorities:
(1) The first priority for the acquisition of coastal recreational
resources is as follows:
(i) Land and water areas best suited to serve the recreational
needs of urban populations.
(ii) Land and water areas of significant environmental importance,
such as habitat protection.
(iii) Land and water areas in either of the above categories shall
be given the highest priority when incompatible uses threaten to
destroy or substantially diminish the resource value of such area.
(2) The second priority for the acquisition of coastal
recreational resources is as follows:
(i) Land for physical and visual access to the coastline where
public access opportunities are inadequate or could be impeded by
incompatible uses.
(ii) Remaining areas of high recreational value.
(iii) Areas proposed as a coastal reserve or preserve, including
areas that are or include restricted natural communities, such as
ecological areas that are scarce, involving only a limited area; rare
and endangered wildlife species habitats; rare and endangered plant
species ranges; specialized wildlife habitats; outstanding
representative natural communities; sites with outstanding
educational value; fragile or environmentally sensitive resources;
and wilderness or primitive areas. Areas meeting more than one of
these criteria may be considered as being especially important.
(iv) Highly scenic areas that are or include landscape
preservation projects designated by the Department of Parks and
Recreation; open areas identified as being of particular value in
providing visual contrast to urbanization, in preserving natural
landforms and significant vegetation, in providing attractive
transitions between natural and urbanized areas, or as scenic open
space; and scenic areas and historical districts designated by cities
and counties. All real property acquired pursuant to this chapter
shall be acquired in compliance with Chapter 16 (commencing with
Section 7260) of Division 7 of Title 1 of the Government Code, and
procedures sufficient to ensure compliance shall be prescribed by the
Department of Parks and Recreation.
It is the further intent of the Legislature that funds granted
pursuant to subdivision (a) of this section may be used by counties,
cities, and districts for the acquisition, development, and
restoration of public indoor recreational facilities, including
enclosed swimming pools, gymnasiums, recreation centers, historical
buildings, and museums. For development, the land must be owned by,
or subject to a long-term lease to, the applicant county, city, or
district. The lease shall be for a period of not less than 25 years
from the date an application for a grant is made and shall provide
that it may not be revoked at will during that period.



5096.125. Except as otherwise provided in this section and
elsewhere in this chapter, all money deposited in the State Coastal
Conservancy shall be available for appropriation, as provided in
Section 5096.119, for the purposes set forth in this section, in a
total amount not to exceed ten million dollars ($10,000,000):
(a) For restoration and enhancement of degraded coastal lands,
especially habitat areas and lands near urban areas, that are
suitable for intensive or passive recreational use.
(b) For the selective acquisition of prime coastal agricultural
lands proposed for conversion to nonagricultural use, to prevent
urban intrusions into agricultural areas and to assemble coastal
agricultural lands into parcels of economic size, using appropriate
techniques such as purchase and leaseback or resale of lands for
productive use.
(c) For the preacquisition of lands for reconveyance to other
public agencies for coastal recreational resources preservation
purposes.
(d) For the selective acquisition of easements and development
rights on lands adjacent to public parks or wildlife preserves on or
near the coast, to establish a buffer of privately owned land for use
consistent with the purposes of the park or preserve and to minimize
the need for future acquisitions around existing parks and wildlife
preserves.
(e) For the acquisition or acceptance of lands providing public
access to and along the coast.
(f) For the costs of administration and planning.
It is the intent of the Legislature that no funds allocated in
this chapter to the State Coastal Conservancy shall be expended
unless and until the Legislature has enacted legislation authorizing
the administration of the conservancy by an existing state agency or
a new state agency and has, in such legislation, set forth the
purposes, powers, and duties of such agency. If the Legislature has
not assigned such authority to an existing or new state agency by
January 1, 1980, the funds allocated in this chapter to the State
Coastal Conservancy shall be transferred to the State, Urban, and
Coastal Park Fund and shall be allocated for expenditure for the
purposes specified in subdivision (c) of Section 5096.124.
It is the further intent of the Legislature that funds expended
pursuant to this section may be used for acquisition of fee title to
real property or any other interest in real property that is less
than the fee.



5096.126. After the Legislature has authorized the administration
of the State Coastal Conservancy by an existing or new state agency,
any project involving state funds pursuant to Section 5096.125 shall
originate and be processed in the manner to be specified by the
Legislature in such authorizing legislation.



5096.127. (a) All of the funds authorized by subdivision (a) of
Section 5096.124 for grants, shall be allocated to the counties, such
allocation to be based upon the estimated population of the counties
on July 1, 1980, as projected by the Department of Finance.
(b) Each county's apportionment of such funds shall be in the same
ratio as the county's population is to the state's total population;
provided, however, that each county having a projected 1980
population of 40,000 or fewer persons shall receive an allocation of
two hundred thousand dollars ($200,000); and provided, further, that
any grant made to a city or district shall be subtracted from the
total otherwise allocable under the provisions of this chapter to the
county or counties in which the city or district is located.
(c) Each county shall consult with all cities and districts within
the county and shall develop and submit to the state for approval a
priority plan for expenditure of the county's allocation. The
priority plan for expenditure shall consist of an allocation of the
county's funds to the eligible recipients specified in subdivision
(a) of Section 5096.124. The priority plan for expenditure may
include the names of individual projects under each governmental
jurisdiction. The priority plan for expenditure shall be submitted
to the Director of Parks and Recreation prior to June 30, 1978. The
priority plan for expenditure of the total county allocation shall be
approved by at least 50 percent of the cities and districts
representing 50 percent of the population of the cities and districts
within the county, and by the county board of supervisors. Failure
to submit an approved priority plan by June 30, 1978, shall result in
a 10-percent annual reduction of the total county allocation until
the priority plan is submitted. Any funds not allocated to a county
shall remain in the State, Urban, and Coastal Park Fund and shall be
expended under the same conditions as set forth in Section 5096.128
in 1983. By June 30, 1980, if agreement on the priority plan for
expenditure has not been submitted to the Director of Parks and
Recreation, the county board of supervisors shall petition the
Director of Parks and Recreation to distribute to high-priority
projects the remaining 80 percent of the county's allocation.
(d) Applications for individual projects may be submitted directly
to the Director of Parks and Recreation by individual jurisdictions.



5096.128. On July 1, 1983, the Secretary of the Resources Agency
shall cause to be totaled the unencumbered balances remaining in the
State, Urban, and Coastal Park Fund. A program shall be submitted in
the budget for the 1984 -1985 fiscal year to appropriate this
balance. This program shall consist of projects deemed to be of
highest priority from among the purposes expressed in subdivisions
(a) to (e), inclusive, of Section 5096.124 and shall not be subject
to the maximum amounts allocated to those purposes in Section
5096.124.


5096.129. Any project involving state funds only, pursuant to
subdivisions (b), (c), and (e) of Section 5096.124, shall originate
by resolution of the Legislature or of the State Park and Recreation
Commission directing a study of the proposed project or by action of
the Secretary of the Resources Agency, either on his own initiative,
or, with respect to projects to be funded pursuant to subdivision (e)
of Section 5096.124, at the request of the Director of Water
Resources, directing a study of the proposed project.
The costs of these project studies shall be borne by the State,
Urban, and Coastal Park Fund.
Allocations for the purposes of subdivision (d) of Section
5096.124 that are authorized by the Legislature and approved by the
Governor shall be made from the State, Urban, and Coastal Park Fund
and shall be expended in accordance with the provisions of the
Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section
1300), Division 2, Fish and Game Code).



5096.130. (a) An application for a grant pursuant to subdivision
(a) of Section 5096.124 shall be submitted to the Director of Parks
and Recreation for review. The application shall be accompanied by a
certification from the planning agency of the applicant that the
project is consistent with the park and recreation plan for the
applicant's jurisdiction.
(b) The minimum amount that may be applied for any individual
grant project is ten thousand dollars ($10,000). Any application for
a state grant shall comply with the provisions of the Environmental
Quality Act of 1970 (commencing with Section 21000).
(c) Upon completion of the grant application review by the
Director of Parks and Recreation, approved projects shall be
forwarded to the Director of Finance for inclusion in the Budget
Bill.



5096.131. Projects proposed pursuant to subdivisions (b), (c), (d),
and (e) of Section 5096.124 shall be submitted to the office of the
Secretary of the Resources Agency for review. The Director of Parks
and Recreation shall provide the Secretary of the Resources Agency
with a statement concerning each project originated pursuant to
subdivisions (b), (c), and (e) of Section 5096.124, which statement
shall include the priority of the project in regard to the need to
correct the following deficiencies:
(a) Deficiencies in providing recreation.
(b) Deficiencies in preserving historical resources.
(c) Deficiencies in preserving or protecting natural, scenic,
ecological, geological, or other environmental values.




5096.132. The Secretary of the Resources Agency, after completing
his review, shall forward those projects recommended by the
appropriate board or commission together with his comments thereon to
the Director of Finance for inclusion in the Budget Bill. Projects
proposed pursuant to subdivision (d) of Section 5096.124 shall be
subject to the favorable recommendation of the Wildlife Conservation
Board. Projects proposed for the state park system pursuant to
subdivision (b) or (e) of Section 5096.124 shall be subject to the
favorable recommendation of the State Park and Recreation Commission.

In submitting the list of projects recommended for inclusion in
the annual budget, the secretary shall organize the projects on a
priority basis within each of the purposes as set forth in
subdivisions (b), (c), (d), and (e) of Section 5096.124. This
priority ranking shall be based upon the provisions of Section
5096.124 and the needs specified in Section 5096.131.
In addition, the statement setting forth the priorities shall
include the relationship of each separate project on the priority
list to a proposed time schedule for the acquisition, development, or
restoration expenditures associated with the accomplishment of the
projects contained in such list. All projects proposed in the
Governor's Budget of each fiscal year shall be contained in the
Budget Bill as provided in Section 5096.119.



5096.133. Projects authorized for the purposes set forth in
subdivisions (b), (c), and (e) of Section 5096.124 shall be subject
to augmentation as provided in Section 16352 of the Government Code.
The unexpended balance in any appropriation heretofore or hereafter
made payable from the State, Urban, and Coastal Park Fund which the
Director of Finance, with the approval of the State Public Works
Board, determines not to be required for expenditure pursuant to the
appropriation may be transferred on order of the Director of Finance
to, and in augmentation of, the appropriation made in Section 16352
of the Government Code.


5096.134. The Director of Parks and Recreation may make agreements
with respect to any real property acquired pursuant to subdivisions
(b) and (c) of Section 5096.124 for continued tenancy of the seller
of the property for a period of time and under such conditions as
mutually agreed upon by the state and the seller so long as the
seller promises to pay such taxes on his interest in the property as
shall become due, owing, or unpaid on the interest created by such
agreement, and so long as the seller conducts his operations on the
land according to specifications issued by the Director of Parks and
Recreation to protect the property for the public use for which it
was acquired. A copy of such agreement shall be filed with the
county clerk in the county in which the property lies. Such
arrangement shall be compatible with the operation of the area by the
state, as determined by the Director of Parks and Recreation.



5096.135. Notwithstanding any other provisions of law, for the
purposes of this chapter, acquisition may include gifts, purchases,
leases, easements, eminent domain, the transfer or exchange of
property for other property of like value, and purchases of
development rights and other interests, unless the Legislature shall
hereafter otherwise provide. Acquisition for the state park system
by purchase or by eminent domain shall be under the Property
Acquisition Law (commencing with Section 15850 of the Government
Code), notwithstanding any other provisions of law.




5096.136. All grants, gifts, devises, or bequests to the state,
conditional or unconditional, for park, conservation, recreation, or
other purposes for which real property may be acquired or developed
pursuant to this chapter, may be accepted and received on behalf of
the state by the appropriate department head with the approval of the
Director of Finance. Such grants, gifts, devises, or bequests shall
be available, when appropriated by the Legislature, for expenditure
for the purposes provided in Sections 5096.124 and 5096.125.



5096.137. There shall be an agreement or contract between the
Department of Parks and Recreation and the applicant in the case of a
state grant project which shall contain therein the provisions that
the property so acquired or developed shall be used by the applicant
only for the purpose for which the state grant funds were requested
and that no other use of the area shall be permitted except by
specific act of the Legislature. No state grant funds shall be
available for expenditure until such agreement has been signed.



5096.138. Real property acquired by the state shall consist
predominantly of open or natural lands, including lands under water
capable of being utilized for multiple recreational purposes, and
lands necessary for the preservation of historical resources. No
funds derived from the bonds authorized by this chapter shall be
expended for the construction of any reservoir designated as a part
of the "State Water Facilities," as defined in subdivision (d) of
Section 12934 of the Water Code, but such funds may be expended for
the acquisition or development of beaches, parks, recreational
facilities, and historical resources at or in the vicinity of any
such reservoir.



5096.139. (a) The Director of Parks and Recreation may submit to
the State Lands Commission any proposal by a state or local public
agency for the acquisition of lands pursuant to this chapter, which
lands are located on or near tidelands, submerged lands, swamp,
overflowed, or other wetlands which are under the jurisdiction of the
State Lands Commission, whether or not such lands are state-owned or
have been granted in trust to a local public agency; and the State
Lands Commission shall, within one year of such submittal, review
such proposed acquisition, make a determination as to the state's
existing or potential interest in the lands, and report its findings
to the Director of Parks and Recreation, who shall forward such
report to the Secretary of the Resources Agency.
(b) No provision of this chapter shall be construed as authorizing
the condemnation of state lands.