2005 California Public Resources Code Sections 5090.01-5090.12 Article 1. General Provisions

5090.01.  This chapter shall be known and may be cited as the
Off-Highway Motor Vehicle Recreation Act of  2003.
5090.02.  (a) The Legislature finds that off-highway motor vehicles
are enjoying an ever-increasing popularity in California and that the
indiscriminate and uncontrolled use of those vehicles may have a
deleterious impact on the environment, wildlife habitats, native
wildlife, and native flora.
   (b) The Legislature hereby declares that effectively managed areas
and adequate facilities for the use of off-highway vehicles and
conservation and enforcement are essential for ecologically balanced
recreation.
   (c) Accordingly, it is the intent of the Legislature that:
   (1) Existing off-highway motor vehicle recreational areas,
facilities, and opportunities be expanded and be managed in a manner
consistent with this chapter, in particular to maintain sustained
long-term use.
   (2) New off-highway motor vehicle recreational areas, facilities,
and opportunities be provided and managed pursuant to this chapter in
a manner that will sustain long-term use.
   (3) When areas or trails or portions thereof cannot be maintained
to appropriate established standards for sustained long-term use,
they shall be closed to use and repaired, to prevent accelerated
erosion. Those areas shall remain closed until they can be managed
within the soil conservation standard or shall be closed and
restored.
   (4) Prompt and effective implementation of the Off-Highway Motor
Vehicle Recreation Program by the Division of Off-Highway Motor
Vehicle Recreation shall have an equal priority among other programs
in the department.
   (5) Off-highway motor vehicle recreation be managed in accordance
with this chapter through financial assistance to local government
and joint undertakings with agencies of the United States.
5090.03.  Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.
5090.04.  "Commission" means the Off-Highway Motor Vehicle
Recreation Commission.
5090.05.  "Division" means the Division of Off-Highway Motor Vehicle
Recreation of the Department of Parks and Recreation.
5090.06.  "Fund" means the Off-Highway Vehicle Trust Fund created by
subdivision (c) of Section 38225 of the Vehicle Code.
5090.07.  "Off-highway motor vehicle" means an off-highway motor
vehicle as defined in Section 38006 of the Vehicle Code.
5090.08.  "Program" means the Off-Highway Motor Vehicle Recreation
Program.
5090.09.  "System" means the state vehicular recreation areas, the
California Statewide Motorized Trail, areas and trails within the
state park system, and areas supported by the grant program.
5090.10.  "Conservation" means activities, practices, and programs
that sustain soils, plants, wildlife, and their habitat in accordance
with the standards  adopted pursuant to Section 5090.35.
5090.11.  "Restoration" means, upon closure of the unit or any
portion thereof, the restoration of land to the contours, the plant
communities, and the plant covers comparable to those on surrounding
lands or at least those that existed prior to off-highway motor
vehicle use.
5090.12.  "Grant program" means the local assistance grant program
and the cooperative agreement program.