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State
California
PRC Sec 5900-5938 CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT (PARKS AND MONUMENTS)


PUBLIC RESOURCES CODE
SECTION 5900-5938





5900. This division shall be known and may be cited as the
California Wildlife, Coastal, and Park Land Conservation Act.



5901. The people of California find and declare all of the
following:
(a) Parks, wildlife habitat, beaches, and open-space lands are
vital to maintaining the quality of life in California. As the state'
s population increases, it is of growing importance to provide parks
and recreational opportunities to the residents of California.
(b) Preservation of California's unique natural heritage is in the
interest of all Californians.



5902. As used in this division, the following terms have the
following meanings:
(a) "Conservation easement" means an interest in real property as
defined in Section 815.1 of the Civil Code.
(b) "District" means any regional park or open-space district
formed pursuant to Article 3 (commencing with Section 5500) of
Chapter 3 of Division 5 and any recreation and park district formed
pursuant to Chapter 4 (commencing with Section 5780) of Division 5.
With respect to any community or unincorporated region which is not
included within a regional park or open-space district or a
recreation and park district and in which no city or county provides
parks or recreational areas or facilities, "district" also means any
other district which is authorized by statute to operate and manage
parks or recreational areas or facilities, employs a full-time park
and recreation director and offers year-round park and recreation
services on lands and facilities owned by the district, and allocates
a substantial portion of its annual operating budget to parks or
recreation areas or facilities.
(c) "Fund" means the California Wildlife, Coastal, and Park Land
Conservation Fund of 1988 created pursuant to Section 5906.
(d) "Historical resource" includes, but is not limited to, any
building, structure, site areas, or place which is historically or
archeologically significant, or is significant in the architectural,
engineering, scientific, economic, agricultural, educational, social,
political, military, or cultural annals of California.
(e) "Historical preservation project" means 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.
(f) "Local coastal program" means any program created under
Section 30108.6.
(g) "Natural lands" means an area of relatively undeveloped land
which (1) has substantially retained its characteristics as provided
by nature or has been substantially restored, or which can be
feasibly restored, to a near-natural condition, and which has
outstanding wildlife, scenic, open-space, or park resources, or a
combination thereof, or (2) meets the definition of open-space land
in Section 65560 of the Government Code.
(h) "Nonprofit organization" means any charitable organization
described in Section 501(c)(3) of the federal Internal Revenue Code,
which has among its primary purposes the conservation and
preservation of wetlands or of lands predominantly in their natural,
scenic, historical, agricultural, forested, or open-space condition.

(i) "Park" means a tract of land with outstanding scenic, natural,
open-space, or recreational values, set apart to conserve natural,
scenic, cultural, or ecological resources for present and future
generations, and to be used by the public as a place for rest,
recreation, education, exercise, inspiration, or enjoyment.
(j) "Riparian habitat" means lands that contain habitat which
grows close to and which depends upon soil moisture from a nearby
freshwater source.
(k) "Stewardship" means the development and implementation of
major programs for the protection, rehabilitation, restoration, and
enhancement of the basic natural systems and outstanding scenic
features of the state park system. It does not mean the maintenance
or alteration of facilities, developments, or any physical
installations whose original purpose was not the protection of
natural scenic resources.
(l) "Wetlands" means lands which may be covered periodically or
permanently with shallow water and which include saltwater marshes,
freshwater marshes, open or closed brackish water marshes, swamps,
mudflats, fens, and vernal pools.


5903. For the purposes of the State General Obligation Bond Law,
"state grant" or "state grant moneys" means moneys received by the
state from the sale of bonds authorized by law for the purposes of
this division which are available for grants to counties, cities,
cities and counties, districts, and nonprofit organizations.

5905. Wildlife, coastal, and park land conservation is in the
public interest and is necessary to keep these lands in open-space,
natural, and recreational uses, to provide clean air and water, to
protect significant environmental and scenic values of wildlife and
plant habitat, riparian and wetland areas, and other open-space
lands, and to provide opportunities for the people of California to
enjoy, appreciate, and visit natural environments and recreational
areas.
It is the intent of the People of California in enacting this
division that it be carried out in the most expeditious manner
possible, and that all state officials implement this division to the
fullest extent of their authority.


5906. The California Wildlife, Coastal, and Park Land Conservation
Fund of 1988 is hereby created.



5907. All money deposited in the fund shall be available for
expenditure, in accordance with Section 5921, for the purposes set
forth below, in amounts not to exceed the following:
(a) One hundred sixty-six million dollars ($166,000,000) to the
Department of Parks and Recreation for grants to counties, cities,
cities and counties, districts, and nonprofit organizations for
acquisition, development, rehabilitation, or restoration of real
property for parks, beaches, wildlife habitat, natural lands,
recreation, or preservation of historical resources, including an
amount not to exceed two million four hundred ninety thousand dollars
($2,490,000) for state administrative costs, in accordance with the
following schedule:
(1) One hundred twenty million dollars ($120,000,000) for grants
to counties, cities, and districts on a per capita basis for the
acquisition, development, rehabilitation, or restoration of real
property for parks, beaches, wildlife habitat, natural lands, and
recreation, except that each county is entitled to not less than one
hundred thousand dollars ($100,000).
(2) Twenty million dollars ($20,000,000) for expenditure by the
Department of Parks and Recreation for the purpose of the Roberti-Z'
berg-Harris Urban Open Space and Recreation Program Act (Chapter 3.2
(commencing with Section 5620) of Division 5 of the Public Resources
Code).
(3) Ten million dollars ($10,000,000) for competitive grants for
park, beach, and recreational purposes to public agencies which
provide significant park and recreational opportunities to the
general public and are not eligible for grants pursuant to paragraph
(1).
(4) Eleven million dollars ($11,000,000) for competitive grants to
public agencies and nonprofit organizations for acquisition,
development, rehabilitation, or restoration of historical or
archeological resources and for historical and archeological
resources preservation projects and costs of planning and
interpretation. Not less than one million dollars ($1,000,000) shall
be used for archeological resources preservation purposes.
(5) Five million dollars ($5,000,000) for competitive grants to
public agencies and nonprofit organizations for acquisition and
development of land and rights-of-way for bicycle, horse, hiking, and
handicapped access trails.
(b) Three hundred thirty-eight million seven hundred thousand
dollars ($338,700,000) to the Department of Parks and Recreation for
acquisition of parklands, wildlife habitat, coastal, and natural
lands in California, and for grants to local agencies and nonprofit
organizations, including an amount not to exceed five million eighty
thousand five hundred dollars ($5,080,500) for state administrative
costs, in accordance with the following schedule:
(1) Ninety-eight million six hundred thousand dollars
($98,600,000) to the Department of Parks and Recreation for
acquisition of real property in accordance with the following
schedule:
(A) Twelve million dollars ($12,000,000) for acquisition of land
for the California Redwood State Parks, including, but not limited
to, Big Basin Redwoods, Butano, Calaveras Big Trees, Forest of Nisene
Marks, Hendy Woods, Humboldt Lagoons, Humboldt Redwoods, Jedediah
Smith Redwoods, Portola, Prairie Creek Redwoods, Richardson Grove,
and Sinkyone Wilderness State Parks; Benbow Lake State Recreation
Area, Fort Ross State Historical Park, and Paul M. Dimmick State
Wayside Campground; provided that each dollar up to at least ten
million dollars ($10,000,000) from the funds to be spent pursuant to
this subparagraph shall be matched with an equal amount in money or
property from private gifts, city or county appropriations, or
alternative sources other than the State of California.
(B) Five million dollars ($5,000,000) for acquisition of land
within and adjacent to Anza-Borrego Desert State Park.
(C) Nineteen million dollars ($19,000,000) for acquisition of land
in the Palm Canyon and Andreas Canyon region near Palm Springs for a
park for the preservation of Indian heritage and of native palms.
(D) Seven million dollars ($7,000,000) for acquisition of lands in
accordance with the general plan for the Chino Hills State Park,
including the lands north of Highway 142.
(E) Ten million dollars ($10,000,000) for acquisition of land for
additions to the Santa Susana Mountain Project to preserve historic
and scenic sites, for hiking and equestrian trails, or for wildlife
habitat and migration routes; provided that all acquisitions shall be
located within the Rim of the Valley Corridor as defined in Section
33105.5 within the Simi Hills or Santa Susana Mountains in Los
Angeles and Ventura Counties.
(F) Two million dollars ($2,000,000) for acquisitions within and
adjacent to Big Basin Redwoods State Park and Castle Rock State Park
in the Santa Cruz Mountains.
(G) Three million dollars ($3,000,000) for acquisition of lands in
Santa Clara County within and adjacent to Henry Coe State Park and
for lands in Stanislaus County within the park.
(H) One million dollars ($1,000,000) for acquisition of natural
lands for expansion of Pescadero Marsh Natural Preserve at Pescadero
State Beach.
(I) Twenty-five million dollars ($25,000,000) for acquisition of
land for an East Bay Shoreline State Park in the Counties of Alameda
or Contra Costa, or both, generally in accordance with the East Bay
Shoreline feasibility study.
(J) Four million dollars ($4,000,000) for acquisition of natural
lands within and adjacent to Mt. Diablo State Park.
(K) Four million dollars ($4,000,000) for implementation of the
Frank's Tract State Recreation Area General Plan with first priority
given to the western portion, providing secondary wave protection
benefits to adjacent islands.
(L) One million six hundred thousand dollars ($1,600,000) for
acquisition of wetlands in and adjacent to the Delta Meadows Project.

(M) Two million dollars ($2,000,000) for acquisition of natural
lands within and adjacent to Robert Louis Stevenson State Park.
(N) One million dollars ($1,000,000) for expansion of Anderson
Marsh State Historic Park.
(O) Two million dollars ($2,000,000) for expansion of the South
Yuba Project along the South Fork of the Yuba River to protect scenic
vistas and riparian habitat and to provide for recreational trails.

(2) Fifty-four million seven hundred thousand dollars
($54,700,000) for acquisition, development, rehabilitation, or
restoration of real property in the state park system in accordance
with the following schedule:
(A) Four million seven hundred thousand dollars ($4,700,000) for
acquisitions of real property inside the boundaries of existing
projects or units or as additions to existing projects or units.
(B) Fourteen million dollars ($14,000,000) for development,
rehabilitation, or restoration of coastal resources, other than
coastal resources in or on San Francisco Bay, in accordance with the
following schedule:
(i) Eight million dollars ($8,000,000) within San Diego County
through Santa Barbara County.
(ii) Four million dollars ($4,000,000) within San Luis Obispo
County through the City and County of San Francisco.
(iii) Two million dollars ($2,000,000) within Marin County through
Del Norte County.
(C) Three million dollars ($3,000,000) for development,
rehabilitation, or restoration of resources in or on San Francisco
Bay.
(D) Eight million dollars ($8,000,000) for development,
rehabilitation, or restoration of inland resources.
(E) Two million dollars ($2,000,000) for development,
rehabilitation, or restoration at lakes, reservoirs, and waterways,
including the State Water Facilities, as defined in paragraphs (1) to
(4), inclusive, of subdivision (d) of Section 12934 of the Water
Code.
(F) One million dollars ($1,000,000) for the repair of storm
damage and construction to prevent future storm damage.
(G) Three million dollars ($3,000,000) for planning, development,
rehabilitation, restoration, or interpretive facilities in support of
volunteer community action projects for the state park system.
(H) Ten million dollars ($10,000,000) for the increased
stewardship of the public investment in the protection of the most
critical natural and scenic features of the existing state park
system.
(I) Five million dollars ($5,000,000) for rehabilitation and
restoration of historical resources of the state park system.
(J) Three million dollars ($3,000,000) for development and
rehabilitation of trails within the state park system or connecting
units of the state park system.
(K) One million dollars ($1,000,000) for acquisition and
development of trailheads for the Sno-Park program pursuant to
Chapter 1.27 (commencing with Section 5091.01) of Division 5,
including access to the Tahoe Rim Trail.
(3) One hundred eighty-five million four hundred thousand dollars
($185,400,000) to the Department of Parks and Recreation for grants
to local agencies in accordance with the following schedule:
(A) Thirty million dollars ($30,000,000) for a grant to San Diego
County in accordance with the following schedule:
(i) Ten million dollars ($10,000,000) for acquisition of natural
lands in the San Dieguito River Valley.
(ii) Ten million dollars ($10,000,000) for acquisition of natural
lands in the Tijuana River Valley.
(iii) Ten million dollars ($10,000,000) for acquisition of San
Diego County resource conservation areas and urban canyons in
accordance with the resource element of the County General Plan.
(B) Ten million dollars ($10,000,000) for a grant to the City of
Laguna Beach for acquisition of, and for grants by the city to
nonprofit organizations for acquisition of, natural lands within and
contiguous to the Laguna Greenbelt as described in the Orange County
General Plan.
(C) Four million dollars ($4,000,000) for a grant to the City of
Irvine for acquisition of natural lands in the open space spine
designated in the City of Irvine General Plan.
(D) Eleven million dollars ($11,000,000) for a grant to the City
of Riverside in accordance with the following schedule:
(i) One million dollars ($1,000,000) for acquisition of natural
lands in Sycamore Canyon Wilderness Park in accordance with the City
of Riverside Specific Plan.
(ii) Ten million dollars ($10,000,000) for acquisition of land in
and near the California Citrus State Historic Park located in the
Arlington Heights area of Riverside.
(E) Two million four hundred thousand dollars ($2,400,000) for a
grant to the County of Riverside in accordance with the following
schedule:
(i) Four hundred thousand dollars ($400,000) for acquisition of
land to expand Hurkey Creek Park.
(ii) One million dollars ($1,000,000) for acquisition of land for
trails in the Santa Ana River Corridor.
(iii) One million dollars ($1,000,000) for acquisition of land for
trails suitable for equestrian and hiking uses in Riverside County,
including the Temescal Canyon Trail.
(F) Twenty million dollars ($20,000,000) for a grant to the County
of San Bernardino for acquisition of land primarily through the use
of conservation easements within the Chino Agricultural Preserve.
(G) Twenty-five million dollars ($25,000,000) for a grant to Los
Angeles County in accordance with the following schedule:
(i) Ten million dollars ($10,000,000) for acquisition or
development of noncommercial visitor use and access facilities,
and/or renovation of existing facilities at county, state, or city
beaches operated by Los Angeles County.
(ii) Ten million dollars ($10,000,000) for acquisition of land for
the Baldwin Hills State Recreation Area in accordance with the
general plan for Baldwin Hills State Recreation Area.
(iii) Five million dollars ($5,000,000) for acquisition of natural
lands to establish the Brea Heights Regional County Park.
(H) Seven million dollars ($7,000,000) for a grant to the County
of Santa Barbara for acquisition of natural lands, wildlife habitat,
wetlands, and agricultural land preservation, in incorporated and
unincorporated areas, in accordance with the following schedule,
except that expenditures for nonagricultural lands shall be limited
to acquisition of lands in the Coastal Zone and shall be of
sufficient size to be a major natural or low intensity community
recreational resource:
(i) Four million eight hundred thousand dollars ($4,800,000) for
nonagricultural lands located south of the ridge line of the Santa
Ynez Mountain Range.
(ii) One million two hundred thousand dollars ($1,200,000) for
nonagricultural lands north of the ridge line of the Santa Ynez
Mountain Range.
(iii) One million dollars ($1,000,000) for the preservation of
agricultural land in Santa Barbara County as identified for
agricultural use in the Santa Barbara County Comprehensive Plan.
These funds shall be used primarily for the acquisition of
conservation easements.
(I) Four million dollars ($4,000,000) for a grant to the County of
Monterey for acquisition of conservation easements in Monterey
County on agricultural lands in the Salinas and Pajaro Valleys.
(J) Two million dollars ($2,000,000) for a grant to the Monterey
Peninsula Regional Park District to expand the Garland Ranch Regional
Park and for acquisition of natural lands and wildlife and riparian
habitat in the Bixby Creek watershed.
(K) One million dollars ($1,000,000) for a grant to the County of
Santa Cruz for acquisition of conservation easements in Santa Cruz
County on commercially viable agricultural lands in the Pajaro Valley
and the coastal terrace north of the City of Santa Cruz, consistent
with Section 2.3.1 of the Santa Cruz County General Plan.
(L) Fifteen million dollars ($15,000,000) for acquisition of those
greenbelt lands known as the Pogonip property located in the City of
Santa Cruz and the County of Santa Cruz, as defined in the 1979 City
of Santa Cruz Greenbelt Ordinance. This acquisition shall be
accomplished through grants to the following entities listed in order
of priority: (1) the City of Santa Cruz and (2) a park and
open-space district or a park and recreation district formed by the
local electorate.
(M) Ten million dollars ($10,000,000) for a grant to the
Midpeninsula Regional Open Space District for acquisition in
accordance with the following schedule:
(i) One million dollars ($1,000,000) for acquisition of land
between property managed by the district and Castle Rock State Park
and Portola State Park.
(ii) Nine million dollars ($9,000,000) for expansion of Rancho San
Antonio, Sierra Azul, El Sereno, El Corte de Madera Creek, and Windy
Hill Open Space Preserves and for acquisition of Teague Hill Open
Space Preserve.
(N) Thirteen million dollars ($13,000,000) for a grant to the East
Bay Regional Park District in accordance with the following
schedule:
(i) Ten million dollars ($10,000,000) for expenditure in
accordance with the East Bay Regional Park District Master Plan, for
expansion of Morgan Territory Regional Park and Briones Regional
Park, acquisitions of natural lands along the Carquinez Straits and
on Pleasanton Ridge, and shoreline access and trail acquisitions
adjacent to the San Francisco Bay.
(ii) One million five hundred thousand dollars ($1,500,000) for
acquisition of lands in the southern portion of Walpert Ridge in
Hayward in central Alameda County.
(iii) One million five hundred thousand dollars ($1,500,000) for
expansion of the Carquinez Shoreline Park in Port Costa.
(O) Five million dollars ($5,000,000) for a grant to the Marin
County Open Space District for acquisition of natural lands on Loma
Alta Mountain, Big Rock Ridge, and other wetlands, wildlife habitat,
and natural lands in accordance with the Environmental Quality and
Open Space Elements of the Marin Countywide Plan.
(P) Fifteen million dollars ($15,000,000) for a grant to the
County of Marin for preservation of, and for grants by the county to
nonprofit organizations for preservation of agricultural lands in the
Marin County coastal zone and inland rural corridor, in accordance
with the Marin County Agricultural Land Preservation Program. Funds
provided in this subparagraph shall be used primarily to acquire
agricultural conservation easements.
(Q) One million six hundred thousand dollars ($1,600,000) for a
grant to the City of Mill Valley for acquisition of natural lands on
the Northridge and spurs of Mount Tamalpais, in accordance with the
Open Space Elements in the Marin Countywide Plan or the Mill Valley
General Plan, or both.
(R) One million dollars ($1,000,000) for a grant to the City of
Vacaville for acquisition of natural lands along the ridgelands of
the Vaca Mountains, Blue Ridge Mountains, and English Hills,
including Old Rocky, for a ridgeline park in accordance with the
Vacaville City General Plan.
(S) Two million dollars ($2,000,000) for a grant to the City of
Davis for acquisition of, or for grants from the city to nonprofit
organizations for acquisition of, wildlife and riparian habitat,
wetlands, and potential wetlands within the 1987 Davis General Plan
Study Area.
(T) Six million dollars ($6,000,000) for a grant to the County of
Sacramento, to be shared by the county with the City of Sacramento on
a per capita basis, for acquisition of parklands, wetlands, wildlife
habitat, and related greenbelt areas in the county along Morrison
Creek, Dry Creek, Snodgrass Slough, Cosumnes River, Laguna Creek,
Sacramento River, and American River, consistent with the County Park
System Master Plan.
(U) Four hundred thousand dollars ($400,000) for a grant to Lake
County for acquisition of a county park that provides wildlife
habitat, riparian areas, and recreational benefits near Middletown.
(c) Eighty-one million three hundred thousand dollars
($81,300,000) to the Wildlife Conservation Board for programs
involving the acquisition of land pursuant to the Wildlife
Conservation Law of 1947, subject to Section 2625 of the Fish and
Game Code and consistent with the purposes of this division, and for
grants to local agencies, including an amount not to exceed one
million two hundred nineteen thousand five hundred dollars
($1,219,500) for state administrative costs, in accordance with the
following schedule:
(1) Thirty-eight million dollars ($38,000,000) for projects
involving the acquisition, preservation, protection, restoration,
enhancement, or development of wetlands for wildfowl and other
wildlife habitat, in accordance with the following schedule:
(A) Thirteen million dollars ($13,000,000) for acquisition or
restoration of wetlands within or adjacent to (1) the areas subject
to the jurisdiction of the San Francisco Bay Conservation and
Development Commission or (2) the boundaries of historic San
Francisco Bay wetlands as designated in the 1985 United States Fish
and Wildlife Service National Wetland Inventory Maps for the San
Francisco Bay Area or in subsequent updates with not less than eight
million dollars ($8,000,000) for acquisition or restoration of
wetlands south of the San Mateo Bridge.
(B) Twenty-five million dollars ($25,000,000) for wetlands outside
the coastal zone as defined in Section 30103 and other than within
the area defined in subparagraph (A).
(2) Two million dollars ($2,000,000) for acquisition of monarch
butterfly habitat.
(3) Ten million dollars ($10,000,000) for acquisition of riparian
habitat that drains into the Pacific Ocean within the Counties of San
Diego, Orange, Los Angeles, and Ventura.
(4) Four million dollars ($4,000,000) for acquisition of land
containing Tecate Cypress forest and associated rare species in Coal
Canyon in Orange County.
(5) Five million dollars ($5,000,000) for acquisition of wildlife
habitat and natural lands along the San Joaquin River between Friant
Dam and Highway 99 in the Counties of Fresno and Madera.
(6) Three hundred thousand dollars ($300,000) for acquisition of
valley oak riparian forest and wetlands along the Mokelumne River
near Galt in San Joaquin County.
(7) Two million dollars ($2,000,000) for acquisition of wetlands,
riparian habitat, vernal pools, and immediately adjacent natural
uplands in the vicinity of the Stanislaus, Tuolumne, Merced, and San
Joaquin Rivers and their tributaries in Stanislaus, San Joaquin, and
Merced Counties for open-space, habitat protection, or riparian
restoration.
(8) Four million dollars ($4,000,000) for acquisition of riparian
habitat along the Sacramento River from Shasta Dam to Collinsville.
(9) One million dollars ($1,000,000) for acquisition of riparian
habitat along the Feather River from Oroville to the mouth of the
river.
(10) Four million dollars ($4,000,000) for acquisition of inland,
San Pablo Bay, and coastal wetlands in Sonoma County, including the
Laguna de Santa Rosa.
(11) Two million dollars ($2,000,000) for acquisition within the
Napa Marsh and associated wetlands.
(12) One million dollars ($1,000,000) for acquisition of wildlife
habitat in northern Napa County as identified by the Department of
Fish and Game.
(13) Four million dollars ($4,000,000) for acquisition of
sensitive riparian areas, meadows, critical wildlife habitat, and
recreation lands in the Hope Valley area just south of Lake Tahoe in
Alpine County. Portions of these lands which could provide
compatible recreational opportunities may be managed by the
Department of Parks and Recreation under an interagency agreement
with the Department of Fish and Game.
(14) Four million dollars ($4,000,000) for acquisition of old
growth redwoods, mixed forest, and wildlife habitat near the town of
Whitethorn in the Mattole River watershed in Humboldt and Mendocino
Counties.
(d) Fifty-eight million dollars ($58,000,000) to the State Coastal
Conservancy pursuant to Division 21 (commencing with Section 31000),
consistent with the purposes of this division, for acquisition,
enhancement, or restoration of natural lands and development of
public accessways in coastal areas and the San Francisco Bay region;
and for preservation of agriculture in coastal areas, and for grants
to local agencies and nonprofit organizations, and for related state
administrative costs, in accordance with the following schedule:
(1) Thirty-four million dollars ($34,000,000) to the State Coastal
Conservancy for acquisition, enhancement, or restoration of natural
lands, and development of public accessways in coastal areas and the
San Francisco Bay region; and for preservation of agriculture in
coastal areas, pursuant to Division 21 (commencing with Section
31000). These funds include the five million eight hundred fifty
thousand dollars ($5,850,000) advanced by the Coastal Conservancy to
the Santa Monica Mountains Conservancy for the Circle X acquisition
in the Santa Monica Mountains. Up to one million five hundred
thousand dollars ($1,500,000) of the total funds available pursuant
to this paragraph shall be spent on expansion of the Bolsa Chica
Linear Park in Orange County or for disbursement to the City of
Huntington Beach or other appropriate agencies for this purpose, or
for restoration, enhancement, or expansion of the Bolsa Chica
wetlands that is not otherwise required for mitigation, or both. Up
to four million dollars ($4,000,000) of the total funds available
pursuant to this paragraph shall be spent for the purposes of
paragraph (2) if the funds allocated in paragraph (2) prove to be
insufficient to achieve the purposes of that paragraph.
(2) Ten million dollars ($10,000,000) for acquisition of natural
lands to preserve coastal resources in the coastal dunes and wetlands
from Mussel Point to Grover City west of Highway 1 in San Luis
Obispo and Santa Barbara Counties. Up to seven hundred fifty
thousand dollars ($750,000) may be spent for dunes restoration and
public access consistent with coastal resources preservation.
(3) One million five hundred thousand dollars ($1,500,000) for
acquisition of coastal natural lands and wetlands in Monterey County
between Monterey Wharf #2 and the Salinas River.
(4) Eight million dollars ($8,000,000) for acquisition of, and for
grants to public agencies or nonprofit organizations for acquisition
of, coastal lands within San Mateo County that meet three or more of
the following criteria, with preference given to lands meeting the
largest number of criteria: (1) ocean frontage, (2) state or county
scenic corridor, (3) designated in the County General Plan as
agriculture, (4) sensitive habitat areas or wetlands, (5) close
proximity to urban areas, or (6) adjacent to other permanently
dedicated public or private natural lands. These funds shall not be
used for urban waterfronts or for lot consolidation projects as
defined in Chapters 5 (commencing with Section 31200) and 7
(commencing with Section 31300) of Division 21.
(5) Four million dollars ($4,000,000) for acquisitions in Sonoma
County of coastal natural lands and coastal wetlands south of Stewart
Point, and for acquisition of San Pablo Bay wetlands and natural
lands.
(6) Five hundred thousand dollars ($500,000) for acquisition of,
and for grants to nonprofit organizations for acquisition of, land
containing old growth Douglas fir on Mill Creek, a tributary of the
Mattole River in Humboldt County, and for public access to the lands
acquired.
(e) Eighty-two million dollars ($82,000,000) to the following
agencies, and for grants to local agencies and nonprofit
organizations, including state administrative costs, for the
following purposes:
(1) Seventeen million dollars ($17,000,000) to the Department of
Fish and Game, including an amount not to exceed two hundred
fifty-five thousand dollars ($255,000) for state administrative
costs, in accordance with the following schedule:
(A) Ten million dollars ($10,000,000) for restoration and
enhancement of salmon streams in accordance with the recommendations
of the Commercial Salmon Stamp Advisory Committee and the Advisory
Committee on Salmon and Steelhead Trout.
(B) Six million dollars ($6,000,000) for restoration and
enhancement of wild trout and native steelhead habitat; for capital
outlay to design, develop, and construct an experimental wild trout
and native steelhead propagation facility; for acquisition of land
important for the perpetuation of wild trout and native steelhead;
and to provide public access to wild trout and native steelhead
waters.
(C) One million dollars ($1,000,000) for marine patrol boats and
other equipment for enforcement of fish and game regulations to
protect fish, marine birds, and marine mammals from Point Conception
to Fort Bragg.
(2) Five million dollars ($5,000,000) to the Department of
Forestry for urban forestry programs, and for related state
administrative costs not to exceed two hundred fifty thousand dollars
($250,000), in accordance with Section 4799.12.
(3) Five million dollars ($5,000,000) to the Department of Water
Resources for grants to counties, cities, cities and counties,
districts, and nonprofit organizations for the acquisition or
restoration of natural lands which contain urban streams, creeks, and
riparian areas, and for related state administrative costs not to
exceed two hundred fifty thousand dollars ($250,000), in accordance
with Section 7048 of the Water Code.
(4) Thirty million dollars
($30,000,000) to the Santa Monica Mountains Conservancy for land
acquisition and for grants to nonprofit organizations for land
acquisition in the Santa Monica Mountains, and for related state
administrative costs, pursuant to Division 23 (commencing with
Section 33000) and consistent with the purposes of this division.
Five million dollars ($5,000,000) of this amount shall be for grants
to nonprofit organizations pursuant to Section 33204.2.
(5) Twenty-five million dollars ($25,000,000) to the County of
Monterey to be transferred directly to the 1988 Bond Act Account of
the Big Sur Preservation Fund of Monterey County to support
implementation of "critical viewshed" policies of the county's Big
Sur Coast Land Use Plan which was certified by the California Coastal
Commission on April 9, 1986, as a component of the Big Sur Local
Coastal Program.
The intent of this paragraph is to ensure that the exceptional
vistas seen from Scenic Highway One along the Big Sur Coast in
Monterey County will be preserved in a manner that ensures the
continuation of existing state and local jurisdiction over the Big
Sur area.

5910. (a) The grant funds authorized pursuant to paragraph (1) of
subdivision (a) of Section 5907 shall be allocated to counties,
cities, cities and counties, and districts on the basis of their
populations, as determined by the Department of Parks and Recreation
in cooperation with the Department of Finance, on the basis of the
most recent verifiable census data and other population data as the
Department of Parks and Recreation may require to be furnished by any
county, city, city and county, or district.
(b) Forty percent of the total funds available for grants shall be
allocated to counties and regional park, open-space, or park and
open-space districts formed pursuant to Chapter 3 (commencing with
Section 5500). Each county's allocation shall be in the same ratio
as the county's population is to the state's total population, except
that each county is entitled to a minimum allocation of one hundred
thousand dollars ($100,000). In any county that embraces all or part
of the territory of a regional park, open-space, or park and
open-space district whose board of directors is not the county board
of supervisors, the amount allocated to the county shall be
apportioned between the regional district and the county in
proportion to the population of the county that is included within
the territory of the regional district and the population of the
county that is outside the territory of the regional district.
(c) (1) Sixty percent of the total funds available for grants
shall be allocated to cities and districts, other than regional park,
open-space, or park and open-space districts. Each city's and each
district's allocation shall be in the same ratio as the city's or
district's population is to the combined total of the state's
population that is included in incorporated areas and in
unincorporated areas within the districts, except that each city or
district is entitled to a minimum allocation of twenty thousand
dollars ($20,000). In any instance in which the boundary of a city
overlaps the boundary of a district, the population in the area of
overlapping jurisdictions shall be attributed to each jurisdiction in
proportion to the extent to which each operates and manages parks
and recreational areas and facilities for that population. In any
instance in which the boundary of a city overlaps the boundary of a
district, and in the area of overlap the city does not operate and
manage parks and recreational areas and facilities, all grant funds
shall be allocated to the district.
(2) Each city and district whose boundaries overlap shall develop
a specific plan for allocating the grant funds in accordance with the
formula specified in paragraph (1). If by October 1, 1990, the plan
has not been agreed to by the affected jurisdictions and submitted
to the Department of Parks and Recreation, the Director of Parks and
Recreation shall determine the allocation of the grant funds among
the affected jurisdictions.
(d) Individual application for grants pursuant to subdivision (a)
of Section 5907 shall be submitted to the Department of Parks and
Recreation for approval as to conformity with the requirements of
this division. The application shall be accompanied by certification
from the planning agency of the applicant that the project for which
the grant is applied is consistent with the park and recreation
element of the applicable city or county general plan or the district
park and recreation plan and will satisfy a high priority need. In
order to utilize available grant funds as effectively as possible,
overlapping or adjoining jurisdictions are encouraged to combine
projects and submit a joint application.
(e) The minimum amount that the applicant may request for any
individual project is twenty thousand dollars ($20,000). Any agency
may allocate all or a portion of its per capita share for a regional
or state project.
(f) The Director of Parks and Recreation shall annually forward a
statement of the total amount to be appropriated in each fiscal year
for projects approved for grants pursuant to subdivision (a) of
Section 5907 to the Director of Finance for inclusion in the Budget
Bill. The amount of grant funds to be allocated to each eligible
jurisdiction shall be published in the Governor's Budget for the
fiscal year in which the appropriation for those grants is to be made
and, as soon as possible thereafter, a list of projects for which
grants have been approved shall be made available by the Department
of Parks and Recreation.
(g) Funds appropriated for grants pursuant to subdivision (a) of
Section 5907 shall be encumbered by the recipient within three years
of the date when the appropriation became effective, regardless of
the date when each project was approved pursuant to this section.
Commencing with the Budget Bill for the 1992-93 fiscal year, any
grant funds authorized under paragraphs (1) and (2) of subdivision
(a) of Section 5907 that were not accepted by the recipient, or were
not encumbered by the recipient within that three-year period, are
available for appropriation for one or more of the classes of
expenditures specified in Section 5907 that the Legislature deems to
be of the highest priority statewide.



5911. Funds authorized in paragraph (3) of subdivision (a) of
Section 5907 may be expended for the acquisition, development,
rehabilitation, or restoration of parks, beaches, open-space lands,
recreational trails, or recreational facilities and areas, and for
development rights or scenic easements in connection with those
acquisitions. After at least one public hearing, the Director of
Parks and Recreation shall prepare and adopt criteria and procedures
for evaluating those competitive grants. The minimum amount that the
applicant may request for any individual project is twenty thousand
dollars ($20,000).


5912. The funds authorized in paragraph (4) of subdivision (a) of
Section 5907 shall be available as grants on a competitive basis to
cities, counties, cities and counties, districts, and nonprofit
organizations and shall be encumbered by the recipient within three
years of the date when the appropriation became effective. The
Director of Parks and Recreation, through the Office of Historic
Preservation, shall prepare and adopt criteria and procedures for
evaluating those competitive grants. An individual jurisdiction may
enter into an agreement with a nonprofit organization for the purpose
of carrying out a grant, subject to the requirements of Section
5917.



5913. The funds authorized in paragraph (5) of subdivision (a) of
Section 5907 shall be available as grants on a competitive basis to
local units of government, and nonprofit organizations authorized to
provide park, recreation, or open-space services or facilities to the
general public. The Director of Parks and Recreation shall prepare
and adopt criteria and procedures for evaluating those competitive
grants for trail development.



5914. An application for a grant pursuant to subdivision (a) or (b)
of Section 5907 shall be submitted to the Director of Parks and
Recreation for review and approval; an application for a grant
pursuant to subdivision (d) of Section 5907 shall be submitted to the
Director of the State Coastal Conservancy for review and approval;
an application for a grant pursuant to paragraph (1) of subdivision
(e) of Section 5907 shall be submitted to the Director of Fish and
Game for review and approval; an application for a grant pursuant to
paragraph (2) of subdivision (e) of Section 5907 shall be submitted
to the Director of Forestry for review and approval; an application
for a grant pursuant to paragraph (3) of subdivision (e) of Section
5907 shall be submitted to the Director of Water Resources for review
and approval; and an application for a grant pursuant to paragraph
(4) of subdivision (e) of Section 5907 shall be submitted to the
Director of the Santa Monica Mountains Conservancy for review and
approval.


5915. (a) Any member of the Legislature, the State Park and
Recreation Commission, the California Coastal Commission, or the
Secretary of the Resources Agency may nominate any project to be
funded under paragraph (2) of subdivision (b) of Section 5907 for
study by the Department of Parks and Recreation. The State Park and
Recreation Commission shall nominate projects after holding at least
one public hearing to seek project proposals from individuals,
citizen groups, the Department of Parks and Recreation, and other
public agencies. Any of the commissions shall make nominations by
vote of its membership.
(b) The Department of Parks and Recreation shall study any project
so nominated. In addition to the procedures required by Section
5006, the Department of Parks and Recreation shall submit to the
Legislature and to the Secretary of the Resources Agency a report
consisting of a priority listing and comparative evaluation of all
projects nominated for study not later than March 1, 1989.



5916. (a) Acquisition of real property for the state park system by
purchase or by eminent domain shall be under the Property
Acquisition Law (Part 11 (commencing with Section 15850) of Division
3 of Title 2 of the Government Code).
(b) Work efforts for stewardship purposes pursuant to subparagraph
(H) of paragraph (2) of subdivision (b) of Section 5907 may include,
but are not limited to, objectives such as the control of major
erosion and geologic hazards, the restoration and improvement of
critical plant and animal habitat, the control and elimination of
exotic species encroachment, the stabilization of coastal dunes and
bluffs, and the planning necessary to implement those activities.
Those efforts may not include activities which merely supplement park
system operations or which are usually funded from other sources.



5917. Funds granted pursuant to Section 5907 may be expended for
development, rehabilitation, or restoration only on lands owned by,
or subject to a lease or other interest, held by the applicant city,
county, city and county, district, or nonprofit organization. If
those lands are not owned by the applicant, the applicant shall first
demonstrate to the satisfaction of the administering agency that the
project will provide public benefits commensurate with the type and
duration of interest in land held by the applicant.



5918. Every expenditure pursuant to this division shall comply with
the California Environmental Quality Act (Division 13 (commencing
with Section 21000)).


5919. (a) No state funds authorized under Section 5907 may be
disbursed unless the applicant agrees:
(1) To maintain and operate the property acquired, developed,
rehabilitated, or restored with the funds in perpetuity. With the
approval of the granting agency, the applicant or its successors in
interest in the property may transfer the responsibility to maintain
and operate the property in accordance with this section.
(2) To use the property only for the purposes of this division and
to make no other use, sale, or other disposition of the property
except as authorized by specific act of the Legislature.
All applicants for a grant pursuant to paragraph (3) of
subdivision (b) and pursuant to subdivisions (c), (d), and (e) of
Section 5907 shall submit an application to the administering agency
for grant approval. Each application shall include in writing the
agreements specified in paragraphs (1) and (2) of this subdivision.
The agreements specified in paragraphs (1) and (2) of this
subdivision shall not prevent the transfer of property acquired,
developed, rehabilitated, or restored with funds authorized pursuant
to Section 5907 from the applicant to a public agency, provided the
successor public agency assumes the obligations imposed by those
agreements.
(b) If the use of the property acquired through grants pursuant to
this division is changed to one other than permitted under the
category from which the funds were appropriated, or the property is
sold or otherwise disposed of, an amount equal to the (1) amount of
the grant, (2) the fair market value of the real property, or (3) the
proceeds from the portion thereof, acquired, developed,
rehabilitated, or restored with the grant shall be used by the
grantee, subject to subdivision (a), for a purpose authorized in that
category or shall be reimbursed to the fund and be available for
appropriation only for a use authorized in that category.
If the property sold or otherwise disposed of is less than the
entire interest in the property originally acquired, developed,
rehabilitated, or restored with the grant, an amount equal to the
proceeds or the fair market value of the property interest sold or
otherwise disposed of, whichever is greater, shall be used by the
grantee, subject to subdivision (a) of this section, for a purpose
authorized in that category or shall be reimbursed to the fund and be
available for appropriation only for a use authorized in that
category.



5920. (a) All real property acquired pursuant to this division
shall be acquired in compliance with Chapter 16 (commencing with
Section 7260) of Division 7 of Title 1 of the Government Code. The
administering agency shall prescribe procedures sufficient to assure
compliance by local public agencies and nonprofit organizations which
receive funds under Section 5907.
(b) For the purposes of this division, acquisition may include
gifts, purchases, leases, easements, the exercise of eminent domain
if expressly authorized, the transfer or exchange of property for
other property of like value, transfers of development rights or
credits, and purchases of development rights and other interests.
(c) All grants, gifts, devises, or bequests to the state,
conditional or unconditional, for park, conservation, recreational,
agricultural, or other purposes for which real property may be
acquired or developed pursuant to this division, may be accepted and
received on behalf of the state by the appropriate departmental
director with the approval of the Director of Finance. The grants,
gifts, devises, or bequests are available, when appropriated by the
Legislature, for expenditure for the purposes specified in Section
5907.


5921. (a) With respect to Section 5907, all appropriations for the
purposes of subdivision (a), paragraph (2) of subdivision (b),
paragraph (1) of subdivision (d), and paragraphs (1), (2), (3), and
(4) of subdivision (e) for the program shall be included in a section
of the Budget Bill for the 1989 -90 fiscal year and each succeeding
fiscal year for consideration by the Legislature and shall bear the
caption "California Wildlife, Coastal, and Park Land Conservation
Program." The section shall contain separate items for each project,
each class of project, or each element of the program for which an
appropriation is made.
(b) All appropriations specified in subdivision (a) are subject to
all limitations enacted in the Budget Act and to all fiscal
procedures prescribed by law with respect to the expenditure of state
funds unless expressly exempted from those laws by a statute enacted
by the Legislature. The Budget Act shall contain proposed
appropriations only for the program elements and classes of projects
contemplated by this division, and no funds derived from the bonds
authorized by law for the purposes of this division may be expended
pursuant to an appropriation not contained in those sections of the
Budget Act.
(c) All funds not described in subdivision (a) are appropriated
directly to the state or local agency which is to administer them.
These funds are not subject to appropriation by the Legislature
except as provided in Section 5922.



5922. With respect to Section 5907, if money allocated pursuant to (continued)