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PRC Chapter 4.5 (commencing with PRC §6370) Pt. I Div. 6
2-CAPRC_6370-6378.txt - CC - 3/13/2006 0:00:00 - Statute - CA
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State
California
PRC Sec 6370-6378 DEVELOPMENT OF STATE LANDS (PUBLIC LANDS)
PUBLIC RESOURCES CODE
SECTION 6370-6378
6370. The commission, acting in concert with the Resources Agency
and the Office of Planning and Research, and in cooperation with
other appropriate state, federal, and local agencies, shall inventory
unconveyed state school and tide and submerged lands and identify
such lands which possess significant environmental values, including
scenic, historic, natural, or aesthetic values of statewide interest.
The commission, upon identification of such lands, shall adopt
regulations necessary to assure permanent protection to these lands.
6370.1. The Office of Planning and Research shall, for purposes of
Section 6370, define "significant environmental values", which
definition shall include, but not be limited to, the criteria
developed pursuant to Section 65041 of the Government Code. Such
definition shall be submitted to the commission for its approval and
adoption at a public hearing. The commission shall submit the
adopted definition, including reasons in support of the adopted
definition, to the Legislature no later than January 15, 1974.
6370.2. The commission shall submit a final report to the
Legislature by January 15, 1975, which identifies those lands
determined by the commission to possess significant environmental
values and sets forth the applicable criteria upon which such
determinations were made, including the findings and regulations
adopted pursuant to Section 6370. The report shall further contain
recommended additional actions necessary to assure permanent
protection of such lands. In its investigation, the commission shall
consider the California Protected Waterways Plan required pursuant
to the provisions of Chapter 1278 of the Statutes of 1968, and any
and all other reports and plans relating to the protection of scenic,
historic, natural, or aesthetic values.
6371. Until submission of the report required in Section 6370.2 the
State Lands Commission shall not sell any of the lands under its
jurisdiction unless it has made a finding at a public meeting that
such sale is necessary for the health, welfare or safety of the
people of the state or a finding that such land would not meet the
intent of environmentally significant lands indicated in Section
6370; provided, however, that this section and Sections 6372, 6373,
6374, and 6375 shall not be applicable to settlements of title and
boundary problems by the commission and exchanges in connection
therewith. The commission shall not lease any of the lands under its
jurisdiction unless it shall have complied with the environmental
impact report requirements of Division 13 (commencing with Section
21000) and rules and regulations adopted by the commission pursuant
to Section 21082.
6373. Before any disposition of state lands to a private party or
other governmental agency, the intended recipient of such lands shall
submit to the commission and to the Legislature a general plan, as
specified by the commission, for the use of the subject lands to be
transferred, together with the review and comments of other
interested state agencies.
6376. It is the intent of the Legislature that any inventory
prepared pursuant to this chapter shall be solely for informational
purposes and not to establish rights of ownership. Any boundaries
mapped or described by the commission in any such inventory shall not
be binding upon any upland owner or other party affected thereby.
6377. The provisions of this chapter shall not apply to tidelands
transferred pursuant to Chapter 1333 of the Statutes of 1968, to
tidelands and submerged lands heretofore granted to the City of Long
Beach or to oil revenues and dry gas revenues whose disposition is
governed by Chapter 138 of the Statutes of 1964, First Extraordinary
Session, or to any sovereign or other state lands transferred to the
City of Oakland in trust by the state for port purposes.
6378. The commission shall determine the ownership of all salmon
and steelhead spawning areas as designated by Section 1505 of the
Fish and Game Code. All areas found to be state property shall be
permanently protected by the state, and no sale, lease or disposal of
material shall be made as to such areas, except that rights-of-way
and easements may be granted to, and leases entered into with, public
utilities for the installation, operation, and maintenance of public
utility facilities unless the Director of Fish and Game shall
determine that such facilities would prove deleterious to fishlife.
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