2005 California Public Resources Code Sections 5090.50-5090.53 Agencies

5090.50.  (a) Grants may be made to cities, counties, and
appropriate districts if the grant applicant has approval to apply
for grant funds, in the form of a resolution from its governing body.
   (b) The division may enter into cooperative agreements with
agencies of the United States and federally recognized Native
American tribes.
   (c) Grants and cooperative agreements may be awarded for the
planning, acquisition, development, maintenance, administration,
operation, enforcement, restoration, and conservation of trails,
trailheads, areas, and other facilities associated with the use of
off-highway motor vehicles, and programs involving off-highway motor
vehicle safety or education.
   (d) Grant and cooperative agreement applications shall be in
accordance with local or federal plans and any plans for off-highway
motor vehicle recreation prepared by the division.
   (e) Notwithstanding subdivision (c), funds may be used for law
enforcement and repairing damage caused by the use of off-highway
motor vehicles on property being used by off-highway motor vehicles
where the operation of those vehicles is prohibited by federal,
state, or local law.
   (f) Notwithstanding subdivision (c), grants may be awarded to
educational institutions and nonprofit organizations for eligible
projects that are designed to sustain a managed off-highway motor
vehicle recreation program.  Eligible projects shall be limited to
scientific research, natural resource conservation activities, as
defined in Section 5090.10, cultural resource conservation
activities, and programs involving off-highway motor vehicle safety
or education.  If the application for grant funds involves activities
on any public lands, the applicant shall obtain approval from the
affected land management agency and submit that approval with the
application for grant funds.  All projects shall comply with the
requirements of subdivisions (g) and (h).
   (g) Every applicant for a grant shall comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)).  The division shall ensure that all cooperative agreement
applications have completed environmental review procedures that are
at least comparable to those of the California Environmental Quality
Act.
   (h) All cooperative agreements shall be subject to the uniform
application of soil, wildlife, and wildlife habitat protection
standards specified in Section 5090.53.
   (i) Subdivision (h) does not apply to applicants that apply solely
for law enforcement funding.
   (j) No grant may be made or cooperative agreement entered into
under this section without the approval of the commission.
5090.51.  (a) Except as provided in subdivision (b), to be eligible
for a grant, the applicant shall agree to provide, and provide,
matching funds, or the equivalent value of services, material, or
property used, in an amount of not less than 25 percent of the total
expense of the off-highway motor vehicle facility.
   (b) Notwithstanding subdivision (a), there shall be no matching
fund requirement imposed with respect to any grant, or portion of any
grant, that consists of funding for the planning, acquisition,
development, or construction of a regional off-highway motor vehicle
facility.  The commission shall adopt criteria for the determination
of which facilities are regional and which are less than regional.
The criteria shall take into account, at a minimum, all of the
following:
   (1) That the facility for which a grant is requested is or will be
primarily for casual usage.
   (2) The size of each facility.
   (3) The diversity of vehicle-related recreational activities to be
provided by the facility.
   (4) The size of the population of potential users of the facility
and the extent of the geographic area to be served by the facility.
   (5) The potential for each facility for which a grant is requested
to become financially self-sustaining.
5090.53.  (a) Money in the fund may be granted or expended pursuant
to Section 5090.50 for projects to fulfill the conditions outlined
below and for public health and safety facilities.
   (b) However, no funds may be granted or expended pursuant to
Section 5090.50 for the acquisition of land for, or the development
of, a trail, trailhead, area, or other facility for the use of
off-highway motor vehicles after July 1, 1989, unless all of the
following conditions are met:
   (1) The recipient has completed wildlife habitat and soil surveys
and has prepared a wildlife habitat protection program to sustain a
viable species composition for the project area.
   (2) The recipient agrees to monitor the condition of soils and
wildlife in the project area each year in order to determine whether
the soil conservation standards and the wildlife habitat protection
programs adopted pursuant to Section 5090.35 are being met.
   (3) The recipient agrees that, whenever the soil conservation
standards adopted pursuant to Section 5090.35 are not being met in
any portion of a project area, the recipient shall close temporarily
that noncompliant portion, to repair and prevent accelerated erosion,
until the same soil conservation standards adopted pursuant to
Section 5090.35 are met.
   (4) The recipient agrees that, whenever the wildlife habitat
protection programs adopted pursuant to Section 5090.35 are not being
met in any portion of a project area, the recipient shall close
temporarily that noncompliant portion until the same wildlife habitat
protection programs adopted pursuant to Section 5090.35 are met.
   (5) The recipient agrees to enforce the registration of
off-highway motor vehicles and the other provisions of Division 16.5
(commencing with Section 38000) of the Vehicle Code and to enforce
the other applicable laws regarding the operation of off-highway
motor vehicles.