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PRC Sec 6201-6225 POWERS AND DUTIES GENERALLY (PUBLIC LANDS)
PUBLIC RESOURCES CODE
6201. The commission may from time-to-time classify any or all
state land for its different possible uses, and, when it is deemed
advisable, may require the Department of Parks and Recreation, the
Department of Conservation, the Director of Agriculture, or any other
officer, organization, agency or institution of the state government
to make such classification. It is the duty of any such officer,
organization, agency, or institution to make such classification and
to submit a report thereon upon the application of the commission.
6201.5. The commission shall prepare a master plan for all school
and lieu lands under its jurisdiction. Such plan shall include a
recreational element which requires, to the extent possible, that
lands be maintained in a natural state, and shall incorporate a
multiple use concept for land use planning. Such plan shall also
include provision for beneficial uses of state school and lieu lands.
Such beneficial uses include, but are not limited to,
reforestation, timber stand improvement, alternative fuels
management, range conservation, access acquisition, hazard removal
and control, environmental rehabilitation, the development and
maintenance of recreational trails, including foot trails and trails
for motorized vehicles, the development and maintenance of water
oriented recreational facilities, the identification and maintenance
of primitive campsites, programs for encouraging environmentally
sound mineral exploration and extraction, and the rehabilitation of
lands impacted by mineral exploration or extraction. The plan shall
also provide that any alterations to or development of state school
or lieu lands should attempt to maintain the lands as nearly as
possible in the condition existing prior to alteration or
development. The commission shall annually revise such plan to
include new lands under its jurisdiction. The master plan shall, to
the extent possible, be prepared from funds otherwise available to
6202. The commission may make surveys and subdivisions of lands
belonging to the state to be sold, leased, or to have the boundary
established, and the county recorder shall file maps thereof, made by
the commission, without cost to the state.
Such maps shall be the official maps of the surveys and
subdivisions, and all patents, leases, or boundary line agreements
issued for the lands shall refer to the maps so filed. Such maps of
state lands shall be legibly drawn, printed or reproduced by a
process guaranteeing a permanent record in black on tracing cloth or
polyester base film. If ink is used on a polyester base film, the
ink surface shall be coated with a suitable substance to insure
permanent legibility. The size of each sheet shall be 18 by 26
inches. A marginal line shall be drawn completely around each sheet,
leaving an entire blank margin of one inch. The scale of the map
shall be large enough to show all details clearly and enough sheets
shall be used to accomplish this end. The particular number of the
sheets and the total number of sheets comprising the map shall be
stated on each of the sheets and its relationship to each adjoining
sheet shall be clearly shown.
6203. On or before the first Monday in March in each year, the
commission shall make out and transmit to the assessor of each county
where lands or lots lie that have been sold by the State, for which
certificates of purchase, patents, or deeds have issued, during the
year preceding, certified lists of such lands or lots, giving a
description of the lands or lots, the names of the purchasers, and
the amount of principal unpaid, if any, on the first Monday in March.
6204. The commission shall, when required, survey and mark the
boundary lines of counties and cities.
6205. The commission shall, after the survey of any township by the
United States, obtain from the United States Land Office a
statement, showing whether or not the sixteenth and thirty-sixth
sections therein belong to the State.
6206. The commission shall provide the necessary record books and
cause all lists or patents for lands from the United States to be
6206.5. The commission is hereby empowered to apply to the United
States Department of the Interior for patents to the numbered school
sections in place, which have not been patented by the State, and to
accept patents, in accordance with an act of Congress approved June
21, 1934 (Public No. 440-73d Congress), entitled "An Act Authorizing
the Secretary of the Interior to issue patents to the numbered school
sections in place, granted to the States by the act approved
February 22, 1889, by the act approved January 25, 1927 (44 Stat.
1026), and by any other act of Congress."
6207. The commission shall keep separate accounts and records in
relation to each class of lands to which the State is entitled, which
(a) The number of the survey or location, and the date of the
(b) The name of the locator, the description of the lands by legal
subdivisions, the price per acre at which they are sold, the amount
paid, the date of payment, and the number and date of the certificate
(c) The date of the patent, when it has been issued.
6208. The commission shall also keep plats of such lands, upon
which all approved locations and surveys shall be designated by their
6209. When certificates of purchase or patents are issued, the fact
shall be noted on the plats.
6210. The commission shall represent the State in all contests
between it and the United States in relation to public lands.
6210.1. When the commission desires to take testimony under the
provisions of the act of Congress to quiet land titles in California,
passed July 23, 1866, or any act amendatory or supplementary
thereof, it shall request the United States Supervisor of Surveys to
fix a place, convenient of access by the witnesses, and the time for
taking such testimony.
It may require the Attorney General to attend and represent the
State at the taking of such testimony. Not more than one thousand
five hundred dollars ($1,500) shall be allowed in any one year for
traveling expenses pursuant to this section.
6210.2. The commission may withdraw from sale any of the public
lands belonging to the State and may restore any or all public lands
so withdrawn, or other public lands, for sale.
6210.3. The commission may grant easements and rights-of-way to the
Department of Transportation to or over any of the public lands of
the state for the purposes of rights-of-way for highways and for use
in protecting highways from damage or destruction by natural forces.
6210.4. No lands owned by the State which lands front upon or are
near to any lake, navigable stream or other body of navigable water,
convenient access to which is not provided by public road or roads,
or otherwise, shall ever be sold, leased or rented, without reserving
to the people of the State an easement across the lands for
convenient access to such waters.
6210.4a. All conveyances by the State of the sixteenth and
thirty-sixth sections, or lands acquired in lieu thereof, or of swamp
and overflowed lands shall be made subject to any existing easements
or rights-of-way issued by the State prior to the time of
6210.5. No lands owned by the State, which lands provide the only
convenient means of access to other lands owned by the State, shall
ever be sold, leased or rented without reserving therefrom to the
State and its successors in interest in the other lands, an easement
for convenient access to the other lands.
6210.7. The commission may amend or terminate any lease, easement,
or contract under its jurisdiction, with the consent of the other
6210.8. Whenever a navigable river or slough becomes abandoned and
is no longer useful for navigation, the commission may sell, for
cash, or exchange for lands having equal or greater value, such
abandoned river or slough channel to the abutting property owners or
to anyone having an equitable interest therein. A patent for the
land sold shall be issued in the name of the applicant. The
commission shall send the patent to the Governor, together with a
certificate stating that the laws in relation thereto have been
complied with, that payment in full has been made, and that the
person named in the prepared patent is entitled to it. The patent so
issued shall inure to the benefit of the assigns, grantees, or
successors in interest of said original applicant.
6210.9. If the commission has public land, including school land,
tide or submerged lands, and lands subject to the public trust for
commerce, navigation, and fisheries, to which there is no access
available, it may, in the name of the state, acquire by purchase,
lease, gift, exchange, or, if all negotiations fail, by condemnation,
a right-of-way or easement across privately owned land or other land
that it deems necessary to provide access to such public land.
6211. (a) Whenever a parcel of timbered land under the jurisdiction
of the commission is totally surrounded by, or is contiguous to, a
national forest or a state forest, the commission may, if it is in
the best interests of the state to do so, and after 10 days' prior
notice to the Secretary of the Resources Agency for the receipt of
comments, provide for the harvesting of timber from that land at the
same time as the orderly harvesting of the surrounding or adjacent
federal-owned or state-owned timber is conducted. In carrying out
this section, the commission may enter into agreements with the
United States or the Department of Forestry and Fire Protection for
the inclusion of timbered lands under the jurisdiction of the
commission within a total parcel to be offered for timber harvesting
(b) Notwithstanding any other provision of law, timber from lands
under the jurisdiction of the commission shall not be sold to any
California division of a primary manufacturer, or to any person for
resale to a primary manufacturer, who does either of the following:
(1) Uses that timber at any plant not located within the United
States, unless it is sawn on four sides to dimensions not greater
than 4 inches by 12 inches.
(2) Within one year prior to the bid date and one year after the
termination of the contract, sells unprocessed timber which is
harvested from private timberlands and is exported into foreign
commerce. For the purposes of this section, "unprocessed timber" has
the same meaning as set forth in subdivision (d) of Section 4650.1.
(c) Any purchaser of timber from lands under the jurisdiction of
the commission who makes use of the timber in violation of paragraph
(1) of subdivision (b) is prohibited from making any further
purchases of timber from any such lands for a period of five years.
(d) The commission may adopt appropriate regulations to prevent
the substitution of timber from lands under its jurisdiction for
timber exported from private timberlands.
6212.2. The commission may, under such rules and regulations as it
may prescribe, issue permits for the taking of cores or other samples
by means of drilling operations or other methods on or under any
lands under the jurisdiction of the commission for the purpose of
obtaining geological information to be used in assessing the nature
and extent of any mineral interest reserved to the state, preparing
environmental documents, locating nuclear or other energy-related
plant sites, making soil surveys, conducting foundation exploration
and oceanographic research, and making studies of geological hazards,
flood control, harbor works, and other similar matters not involving
an activity of commercial exploration or exploitation.
6213. Whenever it appears by final decree of any court of competent
jurisdiction that title to any land subject to sale by the State was
obtained, or sought to be obtained, by fraudulent means, or in any
manner contrary to the laws of this State relating to the acquisition
of its public domain, all payments made in the interest of the
fraudulent title shall revert to the State without suit. The
commission shall thereupon cancel all evidence of title to any such
land and shall restore the land to public entry.
6214. Fees shall be charged and collected by the commission
pursuant to its rules and regulations for the following:
(a) Certificates of purchase or duplicates thereof,
(b) Patents and certified copies of records thereof,
(c) For certifying a contested case to superior court,
(d) For certifying copies of papers,
(e) Such other fees as are allowed by law.
6215. As to lands heretofore sold by this State with a reservation
to the State of a one-sixteenth interest in the oil and gas or other
minerals therein, pursuant to Chapter 303 of the Statutes of 1921,
and where it appears that there are or may be deposits of oil and gas
in such lands the commission may enter into agreements with respect
thereto in the manner provided by Section 6815 of this code with
respect to lands owned by the State, or the commission may consent to
the inclusion of such lands with the lands of other persons under a
cooperative or unit plan of development or operation of a pool or
field if it appears that the purpose of such plan is the conserving
of the natural resources of any single oil or gas pool or field and
if it is determined by the commission to be necessary or advisable in
the public interest.
6216. This section is enacted for the purpose of declaring the
scope and extent of the powers, duties, purposes, responsibilities
and jurisdiction of the State Lands Commission, but nothing herein
shall be construed as limiting any power, duty, purpose,
responsibility or jurisdiction heretofore or by this code vested in
or conferred upon the commission.
(a) Upon the enacting of the State Lands Act of 1938 the
Legislature intended to and did vest in the commission all those
powers, duties, purposes, responsibilities and jurisdiction of the
Department of Finance as set forth in Section 6102 of this code, and
of the Chief of the Division of State Lands, and the Division of
State Lands, including the full authority, as provided by law, to
administer, sell, lease or dispose of the public lands owned by this
state or under its control, including not only school lands but
tidelands, submerged lands, swamp and overflowed lands, and beds of
navigable rivers and lakes. The commission was further authorized to
provide for the extraction of minerals and oil and gas from any or
all of such lands, but its authority and jurisdiction over such lands
was not and is not now limited thereto.
(b) The provisions of Section 48 of the State Lands Act of 1938,
added thereto by Chapter 646 of the Statutes of 1939, as codified in
Section 6301 of this code, shall hereafter supersede and control over
any other provisions of law, whether general or special, relating to
any tidelands or submerged lands or the beds of navigable rivers,
streams, lakes, bays, estuaries, inlets or straits, without regard to
whether any of such lands contain or may contain oil, gas or other
minerals, and any such other provisions of law in conflict therewith
(c) Any and all acts of the State Lands Commission heretofore
performed by it in pursuance of Section 48 of the State Lands Act of
1938 are hereby confirmed, ratified and validated, without regard to
whether the lands affected thereby contain or might contain oil, gas
or other minerals.
6216.1. The commission may remove or cause to be removed any
manmade structures or obstructions from ungranted lands under its
jurisdiction if the commission determines that such removal is
appropriate and the Attorney General advises that there is no legal
recourse to compel other responsible parties to effect such removal.
6216.5. The commission may prescribe such rules and regulations for
the noncommercial hobby collection of minerals from state lands as
are in the best interests of the state. Nothing in this section
shall prevent other state agencies from setting more definitive
limits on hobby collecting on lands over which they have a
6217. With the exception of revenue derived from state school lands
and from sources described in Sections 6217.6, 6301.5, 6301.6, 6855,
and Sections 8551 to 8558, inclusive, and Section 6406 (insofar as
the proceeds are from property that has been distributed or escheated
to the state in connection with unclaimed estates of deceased
persons), the commission shall deposit in the State Treasury all
revenue, money, and remittances received by the commission under this
division, and under Chapter 138 of the Statutes of 1964, First
Extraordinary Session, and those funds shall be applied to the
following obligations in the following order of priority:
(a) To the General Fund, the revenue necessary to provide in any
fiscal year for the following:
(1) Payment of refunds, authorized by the commission, out of
appropriations made for that purpose by the Legislature.
(2) Payment of expenditures of the commission as provided in the
annual Budget Act enacted by the Legislature.
(3) Payments to cities and counties of the amounts specified in
Section 6817 for the purposes specified in that section, and the
revenues so deposited are appropriated for that purpose.
(4) Payments to cities and counties of the amounts agreed to
pursuant to Section 6875.
(b) To the California Housing Trust Fund, each fiscal year, the
amount of two million dollars ($2,000,000).
(c) After meeting the obligations in subdivisions (a) and (b), the
Controller shall transfer the balance of all such revenue, money,
and remittances received by the commission pursuant to this section
in each fiscal year to the Resources Trust Fund.
The money in the Resources Trust Fund shall be collected for the
purposes of, and held in trust for, preserving and protecting the
natural and recreational resources of the state and, for this
purpose, the Controller shall annually transfer the following sums
from the Resources Trust Fund to the following accounts and funds in
the following order of priority:
(1) Eight million dollars ($8,000,000) to the Salmon and Steelhead
Trout Restoration Account in the Resources Trust Fund. The money in
the account shall be appropriated in the annual Budget Act to the
Department of Fish and Game for expenditure for the recovery of coho
salmon, other species of salmon, and anadromous trout pursuant to
Section 6217.1 of this code and Chapter 8 (commencing with Section
2760) of Division 3 of the Fish and Game Code.
(2) Two million two hundred thousand dollars ($2,200,000) to the
Marine Life and Marine Reserve Management Account, which is hereby
created in the Resources Trust Fund. The money in the account shall
be appropriated in the annual Budget Act to the Department of Fish
and Game for expenditure for marine life management pursuant to
(3) Ten million dollars ($10,000,000) to the State Parks System
Deferred Maintenance Account, which is hereby created in the
Resources Trust Fund. The money in the account shall be appropriated
in the annual Budget Act to the Department of Parks and Recreation
for deferred maintenance expenses.
(4) The remainder to the Natural Resources Infrastructure Fund
which is an account in the Resources Trust Fund. The money in the
Natural Resources Infrastructure Fund shall be available for
expenditure, upon appropriation by the Legislature, for the purposes
of preserving and protecting the natural and recreational resources
of the state. Priority for the use of the money in the Natural
Resources Infrastructure Fund shall be given to the following:
(A) For expenditure by the Department of Fish and Game, upon
appropriation by the Legislature, for environmental review and
monitoring, consultation with lead agencies, recommending mitigation
measures, and enforcement related activities pursuant to Division 13
(commencing with Section 21000).
(B) For expenditure, upon appropriation by the Legislature, for
the purposes of land acquisition in Orange County and San Diego
County pursuant to Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code.
(C) For expenditure to meet the requirements of Section 2796 of
the Fish and Game Code that are not met pursuant to Section 2795 of
the Fish and Game Code, upon appropriation by the Legislature.
(D) For expenditure for nonpoint source pollution control programs
of the State Water Resources Control Board and the California
Coastal Commission, upon appropriation by the Legislature.
The Controller shall transfer any unencumbered balances remaining
in the Salmon and Steelhead Trout Restoration Account, the Marine
Life and Marine Reserve Management Account, the State Parks Deferred
Maintenance Account, and the Natural Resources Infrastructure Fund on
June 30 of each year to the General Fund.
This section shall become inoperative on July 1, 2006, and, as of
January 1, 2007, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2007, deletes or extends
the dates on which it becomes inoperative and is repealed.
6217. (a) With the exception of revenue derived from state school
lands and from sources described in Sections 6217.6, 6301.5, 6301.6,
6855, and Sections 8551 to 8558, inclusive, and Section 6404 (insofar
as the proceeds are from property that has been distributed or
escheated to the state in connection with unclaimed estates of
deceased persons), the commission shall deposit all revenue, money,
and remittances received by the commission under this division, and
under Chapter 138 of the Statutes of 1964, First Extraordinary
Session, in the General Fund. Out of those funds deposited in the
General Fund, sufficient moneys shall be made available each fiscal
year for the following purposes:
(1) Payment of refunds, authorized by the commission, out of
appropriations made for that purpose.
(2) Payment of expenditures of the commission as provided in the
annual Budget Act.
(3) Payments to cities and counties of the amounts specified in
Section 6817 for the purposes specified in that section, out of
appropriations made for that purpose.
(4) Payments to cities and counties of the amounts agreed to
pursuant to Section 6875, out of appropriations made for that
(b) This section shall become operative on July 1, 2006.
6217.1. (a) This section and the process described in this section
governs the expenditure of any funds received by the State of
California from the federal government for the purposes of salmon and
steelhead trout conservation and restoration, the expenditure of
funds authorized for the Coastal Watershed Salmon Habitat Program
pursuant to Article 7 (commencing with Section 79104.200) of Chapter
6 of Division 26 of the Water Code, and the expenditure of funds
appropriated to the Department of Fish and Game for salmon and
steelhead trout conservation and restoration from the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Fund pursuant to Article 5 (commencing with Section
5096.650) of Chapter 1.696 of Division 5 of the Public Resources
(b) For purposes of this section, "project" means an activity that
improves fish habitat in coastal waters utilized by salmon and
anadromous trout species.
(c) (1) The Department of Fish and Game shall grant funds from the
Salmon and Steelhead Trout Restoration Account in the Resources
Trust Fund, as follows:
(A) At least 87.5 percent of the funds shall be allocated as
project grants through the existing grant program operated by the
fisheries management program of the Department of Fish and Game.
(B) Not more than 12.5 percent of the funds may also be used for
project contract administration activities and biological support
(2) (A) A project shall require the consent of a willing
landowner, and emphasize the development of coordinated watershed
(B) Projects that restore habitat for salmon and anadromous trout
species that are eligible for protection as listed or candidate
species under state or federal endangered species acts shall be given
top funding priority.
(C) Projects shall be cost-effective and treat causes and not
symptoms of fish habitat degradation. Projects may implement
instream, riparian, water quality, water quantity, and watershed
prescriptions and shall be designed to restore the structure and
function of fish habitat.
(3) Any grant funds allocated to a project that exceed the actual
cost of completing the project shall be returned to the Salmon and
Steelhead Trout Restoration Account.
(d) (1) A citizen's advisory committee shall be appointed by the
Director of Fish and Game to give advice on the grant program.
(2) The advisory committee shall consist of seven representatives
recommended by the California Advisory Committee on Salmon and
Steelhead Trout, one representative from the agriculture industry,
one representative from the timber industry, one representative of
public water agency interests, one academic or research scientist
with expertise in anadromous fisheries restoration, and three county
supervisors from coastal counties in which anadromous trout exist.
The county supervisor members shall be recommended by the California
State Association of Counties.
(3) The advisory committee shall provide oversight of, and
recommend priorities for, grant funding under this section. In
making funding decisions, the Department of Fish and Game shall
consider the project selection priorities established by the advisory
(4) Members of any advisory committee established for these
purposes shall be reimbursed for travel and incidental expenses
related to the performance of their duties under this section.
Reimbursement for the advisory committee created pursuant to this
section shall be made from the funds designated in subparagraph (B)
of paragraph (1) of subdivision (c). Reimbursement for other
Department of Fish and Game salmon and steelhead trout advisory
committees shall be funded by appropriate sources.
(5) If a member of the advisory committee, or a member of his or
her immediate family, is employed by a grant applicant, the employer
of a grant applicant, or a consultant or independent contractor
employed by a grant applicant, the advisory committee member shall
make that disclosure to the other members of the committee, and shall
not participate in reviewing or making recommendations on the grant
application of that applicant.
(e) Except as provided in subdivision (f), the money in the Salmon
and Steelhead Trout Restoration Account shall be allocated as
(1) Not less than 65 percent of the money shall be used for salmon
habitat protection and restoration projects. Of that amount, at
least 75 percent shall be used for watershed (upslope) and riparian
area protection and restoration activities. These activities may
include, but are not limited to, grants to acquire and install fish
screens to protect juvenile and adult salmon and steelhead trout from
entrapment in water diversions, and grants to remove substandard
culverts, stream crossings, and bridges that constitute barriers to
spawning of salmon and steelhead trout and passage of fish. These
funds may also be used for the acquisition, from willing sellers, of
conservation easements for riparian buffer strips along coastal
rivers and streams to protect salmon and steelhead trout habitat or
for projects that protect and improve water quality and quantity.
(2) Up to 35 percent of the money shall be allocated for any of
the uses listed in this paragraph.
(A) Watershed evaluation, assessment, and planning necessary to
develop a site-specific and clearly prioritized plan to implement
(B) Multiyear grants for watershed planning and project monitoring
(C) Watershed organization support and assistance.
(D) Project maintenance and monitoring after the project
implementations are complete.
(E) Public school watershed and fishery conservation education
(F) Private sector technical training and education project
grants, including teaching private landowners about practical means
of improving land and water management practices that, if
implemented, will contribute to the protection and restoration of
salmon stream habitat; scholarship funding for workshops and
conferences that teach restoration techniques; operation of nonprofit
restoration technical schools; and production of restoration
training and education workshops and conferences.
(G) Fish and wildlife habitat improvements, as defined by Section
4793, and authorized under the California Forestry Incentive Program
(H) The salmon restoration project of the California Conservation
(I) The state's share of the federal Watershed Stewards Program.
(J) Monitoring projects that utilize protocols approved by the
Department of Fish and Game and the National Marine Fisheries Service
(NMFS) to provide baseline or trend data, or both, for anadromous
fish populations or the physical and biological factors known to be
(K) Artificial propagation programs designed to restore depleted
stocks of salmonids that comply with the directives of the joint
Department of Fish and Game and NMFS Hatchery Operations Review
(f) The advisory committee, in any fiscal year, may make a
recommendation to the Department of Fish and Game to allocate money
from the Salmon and Steelhead Trout Restoration Account for the
purposes stated in subdivision (e), but in different percentage
requirements than the 65/35 split stated in paragraphs (1) and (2) of
that subdivision. Following that recommendation, the Director of
Fish and Game may suspend the percentage requirements stated in
paragraphs (1) and (2) of subdivision (e) for that fiscal year only.
6217.2. Moneys in the Marine Life and Marine Reserve Management
Account created in the Resources Trust Fund pursuant to paragraph (2)
of subdivision (c) of Section 6217, shall be expended by the
Department of Fish and Game for the following purposes:
(a) To develop and implement fishery management plans.
(b) To fund research on marine life and marine fisheries.
(c) To fund peer reviews of research plans and fishery management
(d) To fund the evaluation, coordination, and management of marine
reserves and other marine managed areas.
6217.2. Notwithstanding Section 16304.1 of the Government Code, a
disbursement in liquidation of an encumbrance for a project funded
pursuant to the Coastal Watershed Salmon Habitat Program, as
identified in Section 6217.1, may be made before or during the four
years following the last day an appropriation is available for
6217.5. Except for the revenues distributed pursuant to Section
3826, all net revenues, moneys, and remittances from the use of
school lands and lieu lands shall be deposited in the State Treasury
to the credit of the Teachers' Retirement Fund and shall be expended
pursuant to Section 24702 of the Education Code.
6217.6. All rental income received for surface uses including, but
not limited to, surface drilling rights, upon lands under the
jurisdiction of the State Lands Commission shall be deposited in the
State Treasury to the credit of the General Fund, except income from
state school lands as provided for in Section 6217. 5 and royalties
received from extraction of minerals on the surface of such lands as
provided for in Section 6217.
6217.7. All net revenues, moneys, and remittances from the sale of
school lands and lieu lands shall be deposited in the State Treasury
to the credit of the School Land Bank Fund.
6217.8. (a) For purposes of this section, "fund" means the Oil
Trust Fund established pursuant to subdivision (b).
(b) The Oil Trust Fund is hereby established in the State
Treasury, and the moneys in the fund are hereby appropriated to the
commission in accordance with this section.
(c) (1) On or before March 1, 2006, the City of Long Beach shall
pay to the State Lands Commission all money, including both principal
and interest, in the abandonment reserve fund that the city created
in 1999 and that was the subject of the litigation in State of
California ex rel. California State Lands Commission v. City of Long
Beach (2005) 125 Cal.App.4th 767.
(2) The Controller shall deposit in the fund any funds paid to the
commission pursuant to paragraph (1).
(3) Except as provided in paragraph (4), on the last day of each
month beginning July 31, 2006, the Controller shall transfer to the
fund the amount of two million dollars ($2,000,000) or 50 percent of
remaining oil revenue, as described in subdivision (d) of Section 4
of Chapter 138 of the Statutes of 1964, First Extraordinary Session
to the Oil Trust Fund, whichever is less.
(4) Beginning July 1, 2005, and ending December 31, 2005, any
contributions to the fund shall be suspended, except those funds
described in paragraphs (1) and (2). During that period the
Controller shall transfer four million dollars ($4,000,000) monthly
to the General Fund from oil revenues, as described in subdivision
(d) of Section 4 of Chapter 138 of the Statutes of 1964, First
(5) Beginning January 1, 2006, and ending June 30, 2006, the
amount contributed to the fund shall be the amount specified in
paragraph (3). During that period the Controller shall also transfer
two million dollars ($2,000,000) monthly to the General Fund from oil
revenues, as described in subdivision (d) of Section 4 of Chapter
138 of the Statutes of 1964, First Extraordinary Session.
(d) (1) The total amount deposited in the fund shall not exceed
three hundred million dollars ($300,000,000). From the date the
balance in the fund totals three hundred million dollars
($300,000,000), all interest earned thereafter shall be transferred
to the General Fund.
(2) All interest earned on the money in the abandonment reserve
fund specified in paragraph (1) of subdivision (c) shall be
transferred to the fund.
(3) The commission shall expend the money from the fund solely to
finance the costs of well abandonment, pipeline removal, facility
removal, remediation, and other costs associated with removal of oil
and gas facilities from the Long Beach tidelands that are not the
responsibility of other parties.
(4) All money remaining in the fund after completion of all
activities described in subdivision (3) shall be transferred to the
(e) The moneys deposited in the fund are hereby appropriated to
the commission commencing when all of the following conditions are
(1) The City of Long Beach adopts a resolution declaring that the
oil revenue described in subdivision (d) of Section 4 of Chapter 138
of the Statutes of 1964, First Extraordinary Session, is insufficient
to fund the costs of activities described in paragraph (3) of
subdivision (d) of this section.
(2) The City of Long Beach transmits to the commission a copy of
the resolution and all necessary accompanying documentation,
including a plan for expenditures for the activities described in
paragraph (3) of subdivision (d).
(3) The commission reviews the material provided in paragraph (2)
and notifies the Controller within 60 calendar days of receiving the
material specified in paragraph (2), that expenditure from the fund
may be made so that activities described in paragraph (3) of
subdivision (d) can begin. The commission shall provide a schedule
for expenditures for disbursement of moneys from the fund to the City
of Long Beach. The commission shall submit a copy of the schedule to
the Department of Finance and to the fiscal and appropriate policy
committees of the Legislature.
(f) On or before January 1, 2007, the commission shall report to
the Director of Finance and the chairpersons of the appropriate
legislative committees on both the following:
(1) A forecast of when the tidelands oil fields will be abandoned
and require environmental mitigation.
(2) An estimate of the likely costs to mitigate the effects of
extraction in the tidelands oil fields.
6218. The commission may charge and collect reasonable fees for
services performed by it, not exceeding the actual cost to the state
of such services. In any case where the commission, either pursuant
to law or rule of the commission, requires the publication of
advertisements for bids or the publication of any notice in
connection with the sale or leasing of state lands, the commission
may, by rule, require that the cost of such publication be advanced
by any applicant or bidder and be paid by the successful applicant or
6219. The commission may, if it determines it is in the best
interests of the state, accept on behalf of the state any gift,
devise, grant, quitclaim, or other conveyance of title to, or
interest in, real property. Such land, when acquired, shall be
examined for significant environmental values as defined pursuant to
Section 6370.1, and classified and administered according to the
rules and regulations of the commission.
6220. Whenever authority is not vested in another officer, agency
or commission to accept quitclaim deeds on behalf of the State, the
authority is vested in the State Lands Commission.
6221. Any instrumentality, district, agency, or political
subdivision of the state occupying or using, pursuant to law, lands
owned by the state and under the jurisdiction of the commission shall
comply with the provisions of this division, and the commission
shall issue a permit for occupancy of such land upon application.
The commission shall prescribe, by rule or regulation, a reasonable
filing fee which shall accompany the application, but such fee may
not exceed the average of the commission's actual costs of receiving
applications and making the initial title review for such permits.
The application shall include:
(a) A description of the state lands involved, giving sufficient
details or a survey tied to a record survey or monument in order to
locate it accurately.
(b) The public use to be made of the land.
(c) Completed environmental documents prepared pursuant to the
commission's rules and regulations.
6222. No county, city, district, political subdivision, agency or
officer of the State shall request or make application to have any
lands owned or controlled by the United States withdrawn or reserved
from settlement, location, sale, entry or other forms of disposal
under federal law until 30 days after written notice of such proposed
application or request has been filed with the State Lands
6223. Applications for purchase, or lease of state lands shall be
given the priority of time of filing; except that applications filed
by any county, city, or officer of the State shall have priority over
all other applications regardless of time of filing.
Priorities between cities, counties, or officers of the State
shall be established by the time of filing of their respective
6224. The commission may adopt rules and regulations which provide
for the payment of either a penalty or interest, or both, by any
person who fails to pay the commission any sum when it is due under a
lease or agreement. The rules and regulations may provide for the
assessment, nonassessment, or waiver by the commission of the penalty
or interest, or both. Penalties assessed by the commission shall
not exceed 5 percent of the principal sum due and the rate of
interest shall not exceed 11/2 percent per month from the date on
which the sum became due and payable until the date of payment.
Penalties and interest assessed pursuant to this section shall be
payable to the commission.
6224.1. Any person who trespasses upon any lands owned or
controlled by the state and under the jurisdiction of the commission,
including, but not limited to, tidelands, submerged lands, the beds
of navigable rivers, streams, lakes, bays, estuaries, inlets, or
straits, or any school lands, lieu lands, or swamp and overflowed
lands, without lawful authority, is liable to the state for the
amount of damages which may be assessed therefor, in any civil
action, in any court having jurisdiction.
6224.2. (a) Except as otherwise provided in subdivision (b), any
person who appropriates or converts any mineral deposits reserved to,
or owned by, the state and under the jurisdiction of the commission,
including, but not limited to, oil and gas, other gases (including,
but not limited to, nonhydrocarbon and geothermal gases), oil shale,
coal, phosphate, sodium, gold, silver, alumina, silica, uranium,
trona, fossils of all geological ages, metals and their compounds,
alkali, alkali earth, sand, clay, gravel, salts, mineral waters, or
any geothermal resources, without lawful authority, is liable to the
state for treble the amount of damages which may be assessed
therefor, in any civil action, in any court having jurisdiction.
(b) If the appropriation or conversion of any such mineral deposit
was involuntary, or if the defendant in any action brought under
this section had probable cause to believe that the land on which the
appropriation or conversion was committed was his own or the land of
the person in whose service or by whose direction such act was done,
the measure of damages shall be the sum as would compensate for the
(c) Damages awarded pursuant to this section shall be limited to
those determined to have occurred within the five-year period
immediately preceding the date of commencement of the action.
6225. (a) The commission shall conduct research, investigations,
and title searches on the real property in this state of the beaches
of Lake Tahoe which is dedicated for public use and make a report of
its findings which shall be open for public inspection. For the
purpose of this section the commission may contract upon such terms
and conditions as will be in the best interest of the people of the
state with one or more private persons, firms, associations,
organizations, partnerships, corporations, companies, or public
agencies to conduct such research, investigations, and title
(b) Notwithstanding any other provision of law, whenever it
appears by final decree of any court of competent jurisdiction that
title to any beach property of Lake Tahoe, for which the commission
in cooperation with the county has conducted a title search, is
vested in a county, the county shall dedicate such beach property to
(c) The state shall be under no obligation to operate and maintain
the beach property so dedicated to the state. The county or a
public agency in which the beach property is situated may, subject to
approval of the commission, operate, maintain, or make improvements
on such beach property.