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(continued) 907, if money allocated pursuant to
paragraphs (1) and (3) of subdivision (b) (except for subparagraph
(A) of paragraph (1) of subdivision (b)); subdivision (c) (except for
paragraph (1)); paragraphs (2), (3), (4), (5), and (6) of
subdivision (d), and paragraphs (1) and (5) of subdivision (e), is
not expended prior to July 1, 1998, the agency to which the funds are
originally allocated shall submit to the Legislature a plan for
expenditure of the funds in accordance with the purposes of this
division within a county in which the funds were originally
authorized to be expended, and the Legislature may approve the plan
by statute, passed in each house by a two-thirds vote. If the
reallocated funds are not expended within 10 years after the
effective date of that statute, the Legislature may, by statute,
passed in each house by a two-thirds vote, reallocate the funds to
the Department of Parks and Recreation for expenditure in the area of
the state with the greatest need consistent with the purposes of
this division.



5923. If some or all of the funds allocated pursuant to
subparagraph (E) of paragraph (1) of subdivision (b) of Section 5907
are not expended by the Department of Parks and Recreation by July 1,
1993, the remaining funds shall be allocated to the Santa Monica
Mountains Conservancy for the purposes of that subparagraph. The
Legislature may at any time allocate all or a portion of these funds
to the Santa Monica Mountains Conservancy for the purposes for which
the funds were originally allocated.



5924. (a) Any lands acquired pursuant to subparagraph (C) of
paragraph (1) of subdivision (b) of Section 5907 or pursuant to other
sections of this act for acquisition of other lands of the Agua
Caliente Indian Reservation shall be subject to this section. After
that acquisition, the state shall convey title to all those lands to
the United States in trust for the Agua Caliente Band of Cahuilla
Indians as part of the Agua Caliente Indian Reservation on the
conditions that (1) the lands be administered by the Agua Caliente
Band of Cahuilla Indians as additions to the existing tribal reserves
established by Section 3(c) of the act of September 21, 1959 (73
Stat. 603, P.L. 86-339), (2) the lands be open to the public, subject
to reasonable restrictions such as those presently in effect for the
above existing tribal reserves, and (3) the lands be used for
protection of wildlife habitat and other resources, preservation of
open space, recreation, preservation of the native palms and other
plants and animals native to the area, and the preservation in place
or respectful public display, at the option of the Agua Caliente Band
of Cahuilla Indians, of the archeological and cultural resources of
the lands.
Existing tribal reserve lands shall not be acquired, and
acquisition within the reservation shall be limited to the southerly
three-fourths of Section 2 and Sections 3, 11, 12, 14, 16, 22, 26,
29, 34, and 36 of Township 5 south; range 4 east, San Bernardino base
and meridian, unless otherwise approved by the Agua Caliente Indian
Reservation Tribal Council. No acquisition within the boundaries of
the Aqua Caliente Indian Reservation shall be made without the
approval of the Aqua Caliente Band of Cahuilla Indians Tribal
Council.
(b) Lands acquired pursuant to paragraph (5) of subdivision (a) of
Section 5907 shall not be acquired through the use of eminent
domain.
(c) Reasonable public access to lands acquired in fee with funds
made available pursuant to this division shall be provided except
where that access may interfere with habitat protection.




5924.5. In addition to the purposes specified in Section 5924,
funds appropriated in subparagraph (C) of paragraph (1) of
subdivision (b) of Section 5907 for Palm and Andreas Canyons may also
be encumbered for interpretative facilities and minimal facilities
necessary to facilitate public access if approved by the Tribal
Council of the Agua Caliente Band of Cahuilla Indians.



5925. With respect to funds allocated pursuant to subparagraph (L)
of paragraph (3) of subdivision (b) of Section 5907, if it is not
possible to acquire the entire Pogonip property, the funds shall be
distributed to the entities listed in the priority established in
subparagraph (L) of paragraph (3) of subdivision (b) of Section 5907
for the acquisition of portions of the Pogonip property and the
balance, if any, for other greenbelt lands located in the City of
Santa Cruz and the County of Santa Cruz as defined in the 1979 City
of Santa Cruz Greenbelt Ordinance. If any of these entities fails to
accomplish the acquisition of all or portions of the Pogonip
property by January 1, 1991, the Department of Parks and Recreation
shall acquire all or a portion of the Pogonip property as an addition
to Henry Cowell Redwoods State Park. Acquisition shall be deemed to
have occurred if a binding contract is entered into on or before
January 1, 1991, notwithstanding the fact that a transfer of title
shall occur subsequent to that date.



5926. None of the funds allocated pursuant to subparagraph (G) of
paragraph (3) of subdivision (b) of Section 5907 for acquisition of
land for the Baldwin Hills State Recreation Area or paragraph (1) of
subdivision (d) of Section 5907 for expansion of Bolsa Chica Linear
Park shall be used to acquire lands from which oil or gas is
presently being extracted or from which oil or gas is capable of
being extracted.



5927. The qualification for or allocation of a grant or grants to a
local agency under one subdivision, paragraph, or subparagraph of
Section 5907 shall not preclude eligibility for an additional
allocation of grant funds to the same local agency pursuant to
another subdivision, paragraph, or subparagraph of Section 5907 or
pursuant to Section 2720 of the Fish and Game Code.



5928. (a) Funds available pursuant to paragraph (5) of subdivision
(e) of Section 5907 shall be used solely for Monterey County's
acquisition, as specified in subdivision (b) of Section 5920, of
critical viewshed properties along the Big Sur Coast, and shall be
expended in strict compliance with the policies of the 1988 Bond Act
Account, which was established by resolution by the County of
Monterey on March 17, 1987. The policies of the 1988 Bond Act
Account shall not be modified or amended. Monterey County shall make
an annual report to the Director of Finance on the disbursement of
these funds. The Director of Finance shall assure that the County of
Monterey expends the funds in accordance with this division.
(b) All lands acquired with these funds shall remain as natural
lands in their present state in perpetuity and shall not be developed
in any manner by any person or entity, public or private, except
that this subdivision shall not apply to California Department of
Transportation projects which are essential to maintain Highway One
in its existing use as a rural, two lane, Scenic Highway.




5929. (a) Prior to recommending the acquisition of lands that are
located on or near tidelands, submerged lands, swamp or overflowed
lands, or other wetlands, whether or not those lands have been
granted in trust to a local public agency, any state or local agency
or nonprofit agency receiving funds under this division shall submit
to the State Lands Commission any proposal for the acquisition of
those lands pursuant to this division. The State Lands Commission
shall, within three months of submittal, review the proposed
acquisition, make a determination as to the state's existing or
potential interest in the lands, and report its findings to the
entity making the submittal and to the Department of General
Services.
(b) No wetlands or riparian habitat acquired pursuant to paragraph
(7) of subdivision (c) of Section 5907 shall be used as a dredge
spoil area or shall be subject to revetment which damages the quality
of the habitat for which the property was acquired.
(c) No provision of this division shall be construed as
authorizing the condemnation of state lands.


5930. (a) (1) Bonds in the total amount of seven hundred
seventy-six million dollars ($776,000,000), or so much thereof as is
necessary, may be issued and sold to be used for carrying out the
purposes expressed in this division and in Chapter 7.5 (commencing
with Section 2700) of Division 3 of the Fish and Game Code and to be
used to reimburse the General Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5 of the Government Code. A sum, not to
exceed seven hundred twenty-six million dollars ($726,000,000) of the
bond proceeds, shall be deposited in the California Wildlife,
Coastal, and Park Land Conservation Fund of 1988 for the purposes of
this division, and a sum, not to exceed fifty million dollars
($50,000,000) of bond proceeds, shall be deposited in the Wildlife
and Natural Areas Conservation Fund for the purposes of the Wildlife
and Natural Areas Conservation Program (Chapter 7.5 (commencing with
Section 2700) of Division 3 of the Fish and Game Code). The 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 is hereby pledged for the punctual payment of both
principal and interest as they become due and payable.



5931. The bonds authorized by this division 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 of Division 4 of Title 2 of the Government Code),
and all provisions of that law shall apply to the bonds and are
hereby incorporated in this division as though set forth in full in
this division.



5932. (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the bonds
authorized by this division, the California Wildlife, Coastal, and
Park Land Conservation Program of 1988 Finance Committee is hereby
created. For purposes of this division, the California Wildlife,
Coastal, and Park Land Conservation Program of 1988 Finance Committee
is "the committee" as that term is used in the State General
Obligation Bond Law. The committee shall consist of the Controller,
the Director of Finance, and the Treasurer, or their designated
representatives. The Treasurer shall serve as chairperson of the
committee. A majority of the committee may act for the committee.
(b) For purposes of this division and Chapter 7.5 (commencing with
Section 2700) of Division 3 of the Fish and Game Code and the State
General Obligation Bond Law, the Wildlife Conservation Board, the
Department of Parks and Recreation, the Department of Water
Resources, the Department of Forestry, the Department of Fish and
Game, the Santa Monica Mountains Conservancy, or the State Coastal
Conservancy, depending on which agency has jurisdiction, is hereby
designated as "the board."



5933. The committee shall determine whether or not it is necessary
or desirable to issue bonds authorized pursuant to this division in
order to carry out the actions specified in Section 5907 of this code
and Section 2720 of the Fish and Game Code, and, if so, the amount
of bonds to be issued and sold. Successive issues of bonds may be
authorized and sold to carry out those actions progressively, and it
is not necessary that all of the bonds authorized to be issued be
sold at any one time.



5934. There shall be collected annually in the same manner and at
the same time as other state revenue is collected, in addition to the
ordinary revenues of the state, a sum in an amount required to pay
the principal of, and interest on, the bonds each year, and it is the
duty of all officers charged by law with any duty in regard to the
collection of the revenue to do and perform each and every act which
is necessary to collect that additional sum.



5935. Notwithstanding Section 13340 of the Government Code, there
is hereby appropriated from the General Fund, for the purposes of
this division, an amount that will equal the total of the following:

(1) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this division, as the
principal and interest become due and payable.
(2) The sum which is necessary to carry out the provisions of
Section 5936, appropriated without regard to fiscal years.



5936. For the purposes of carrying out this division and Chapter
7.5 (commencing with Section 2700) of Division 3 of the Fish and Game
Code, the Director of Finance may 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 those provisions. Any amounts withdrawn shall be
deposited in the California Wildlife, Coastal, and Park Land
Conservation Fund of 1988 or the Wildlife and Natural Areas
Conservation Fund, as appropriate. Any money made available under
this section shall be returned to the General Fund, plus the interest
that the amounts would have earned in the Pooled Money Investment
Account, from money received from the sale of bonds which would
otherwise be deposited in that fund.



5936.5. 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.



5937. All money derived from premium and accrued interest on bonds
sold shall be reserved and shall be available for transfer to the
General Fund as a credit to expenditures for bond interest.



5938. The people of California hereby find and declare that,
inasmuch as the proceeds from the sale of bonds authorized by this
division are not "proceeds of taxes" as that term is used in Article
XIIIB of the California Constitution, the disbursement of these
proceeds is not subject to the limitation imposed by that article.