2009 California Public Resources Code - Section 5001-5019.5 :: Article 1. State Park System

PUBLIC RESOURCES CODE
SECTION 5001-5019.5

5001.  The Department of Parks and Recreation has control of the
state park system.

5001.1.  As used in this division, "department" means the Department
of Parks and Recreation and "director" means the Director of Parks
and Recreation.

5001.4.  The department may manage state marine reserves, state
marine parks, state marine conservation areas, state marine cultural
preservation areas, state marine recreational management areas and,
if requested by the State Water Resources Control Board, state water
quality protection areas. Department authority over units within the
state park system shall extend to units of the state MMAs system that
are managed by the department.

5001.5.  Whenever any reference is made to the state park system
with respect to a duty, power, purpose, responsibility, or
jurisdiction that can be exercised or carried out within the state
vehicular recreation areas, it shall be deemed to be also a reference
to, and to mean, the state vehicular recreation areas.

5001.6.  (a) Notwithstanding Section 5001.95, units of the state
park system may be located within, and be a part of, a state
seashore. However, the unit shall be managed in accordance with its
classification as provided in Section 5019.62.
   (b) The following state seashores are hereby established
consisting of appropriate coastal lands described in this subdivision
together with any other lands that may, from time to time, be
acquired by the state as an addition to these state seashores:
   (1) Del Norte State Seashore, consisting of lands lying between
Pyramid Point and Point Saint George, particularly lands to assure
public access to, and scenic protection of, Pyramid Point; beach and
dune lands, water-bottom and shoreline lands at Lake Earl, including
Lake Talawa, all within Del Norte County.
   (2) Clem Miller State Seashore, consisting of lands extending from
the mouth of the Eel River to Pudding Creek at Fort Bragg, and
including lands at Bear Harbor, Usal Creek, Cottoneva Creek, shore
and upland additions to Westport-Union Landing State Beach, DeHaven
Creek uplands, Ten Mile River estuary, and MacKerricher State Park,
all within Humboldt and Mendocino Counties.
   (3) Mendocino Coast State Seashore, consisting of lands extending
from Jughandle Creek to the Gualala River, and including the Pygmy
Forest Ecological Staircase, Russian Gulch State Park, Mendocino
Headlands State Park, Van Damme State Park, Greenwood Creek Beach,
Bowling Ball Beach and the Gualala River shoreline and estuary, all
within Mendocino County.
   (4) Sonoma Coast State Seashore, consisting of lands extending
from the Gualala River to Bodega Head, and including the Kruse
Rhododendron State Reserve, Salt Point State Park, Fort Ross State
Historic Park, and Sonoma Coast State Beach, all within Sonoma
County.
   (5) Ano Nuevo State Seashore, consisting of lands extending from
Pillar Point to the City of Santa Cruz, and including the San Mateo
Coast State Beaches, Ano Nuevo State Reserve, Big Basin Redwoods
State Park, and Natural Bridges State Beach, all within San Mateo and
Santa Cruz Counties.
   (6) (A) Monterey Bay State Seashore, consisting of lands extending
from Natural Bridges State Beach south to Point Joe, including
Lighthouse Fields, Twin Lakes, New Brighton State Beach, Seacliff,
Manresa, Sunset, Zmudowski, Moss Landing, Salinas River, Marina,
Monterey, and Asilomar, all within Santa Cruz and Monterey Counties.
   (B) The department may establish a recreational trail system
within the boundaries of the Monterey Bay State Seashore that is to
be dedicated as the Sam Farr Recreational Trail System.
   (7) San Luis Obispo State Seashore, consisting of lands extending
from Cayucos to Lion's Head and including Cayucos State Beach, Morro
Strand State Beach, Atascadero State Beach, Morro Bay State Park,
Montana de Oro State Park, Avila State Beach, Pismo State Beach,
Pismo Dunes State Vehicular Recreation Area and Point Sal State
Beach, all within San Luis Obispo and Santa Barbara Counties.
   (8) Santa Barbara Coast State Seashore, consisting of lands
extending from Gaviota to Las Llagas Canyon, and including Gaviota
State Park, Refugio State Beach, and El Capitan State Beach, all
within Santa Barbara County.
   (9) Point Mugu State Seashore, consisting of lands extending from
Ormond Beach to San Nicholas Canyon, and including Mugu Lagoon, Point
Mugu State Park, and Leo Carrillo State Beach, all within Ventura
and Los Angeles Counties.
   (10) Capistrano Coast State Seashore, consisting of lands
extending from Newport Beach to San Mateo Point, and including Corona
Del Mar State Beach, Irvine Coast, Doheny State Beach, and San
Clemente State Beach, all within Orange County.
   (11) (A) San Diego Coast State Seashore, consisting of lands
extending from San Onofre State Beach to La Jolla, and including San
Onofre State Beach, Carlsbad State Beach, Robert C. Frazee State
Beach, South Carlsbad State Beach, Leucadia State Beach, Moonlight
State Beach, San Elijo State Beach, Cardiff State Beach, Torrey Pines
State Beach, and Torrey Pines State Reserve, all within San Diego
County.
   (B) That section of Carlsbad State Beach within the San Diego
Coast State Seashore that is located north of Agua-Hedionda Lagoon is
hereby renamed Robert C. Frazee State Beach.
   (c) The department shall determine the precise boundaries of each
state seashore, may revise those boundaries from time to time, and
shall identify additional lands appropriate for inclusion in state
seashores.
   (d) Section 5019.62 does not apply to lands lying within the
boundaries of state seashores established pursuant to this section
until those lands have been acquired by the state and designated as
state park system lands that are a part of a state seashore.

5001.65.  Commercial exploitation of resources in units of the state
park system is prohibited. However, slant or directional drilling
for oil or gas with the intent of extracting deposits underlying the
Tule Elk State Reserve in Kern County is permissible in accordance
with Section 6854. Commercial fishing is permissible, unless
otherwise restricted, in state marine conservation areas, state
marine cultural preservation areas, and state marine recreational
management areas.
   Qualified institutions and individuals shall be encouraged to
conduct nondestructive forms of scientific investigation within state
park system units, upon receiving prior approval of the director.
   The taking of mineral specimens for recreational purposes from
state beaches, state recreation areas, or state vehicular recreation
areas is permitted upon receiving prior approval of the director.

5001.7.  The landing of aircraft in units of the state park system
is subject to the following limitations:
   (a) Airport facilities and services may be allowed in a unit of
the state park system, other than a state wilderness, state reserve,
natural preserve, or cultural preserve, if the department determines
that it is desirable to expand visitor use of the unit and that the
location of such facilities and services is compatible with the
management of the unit in relation to its primary usage.
   (b) Airport facilities and services shall be excluded from state
wilderness, state reserves, natural preserves, and cultural
preserves, and shall be excluded from any other unit of the state
park system where the department determines that the primary resource
value of the unit would be impaired by such facilities and services
or that a landing strip or flight patterns would not be compatible
with the recreation experience of other visitors.

5001.8.  (a) The use of motor vehicles in units of the state park
system is subject to the following limitations:
   (1) In state wildernesses, natural preserves, and cultural
preserves, use is prohibited.
   (2) In state parks, state reserves, state beaches, wayside
campgrounds, and historical units, use is confined to paved areas and
other areas specifically designated and maintained for normal
ingress, egress, and parking.
   (3) In state recreation areas, use is confined to specifically
designated and maintained roads and trails.
   (b) The use of motor vehicles on lands in the state vehicular
recreation areas is confined to areas and routes designated for that
purpose.

5001.9.  (a) Any improvement existing within the state park system
as of January 1, 1979, which fails to comply with the provisions of
former Section 5001.5 as they read immediately prior to January 1,
1979, or Article 1.7 (commencing with Section 5019.50) of this
chapter shall not be expanded.
   (b) No new facility may be developed in any unit of the state park
system unless it is compatible with the classification of the unit.

5001.95.  No state park system unit, other than a state wilderness,
a natural preserve, or a cultural preserve, shall be located within
the boundaries of another state park system unit.

5001.96.  Attendance at state park system units shall be held within
limits established by carrying capacity determined in accordance
with Section 5019.5.

5002.  All parks, public camp grounds, monument sites, landmark
sites, and sites of historical interest established or acquired by
the State, or which are under its control, constitute the State Park
System except the sites and grounds known as the State Fair Grounds
in the City of Sacramento, and Balboa Park in the City of San Diego.

5002.1.  Prior to the classification or reclassification of a unit
of the state park system into any of the categories specified in
Article 1.7 (commencing with Section 5019.50) of this chapter, the
department shall prepare an inventory of the unit's scenic, natural,
and cultural features, including, but not limited to, ecological,
archaeological, historical, and geological features. The inventory
shall be submitted by the department to the State Park and Recreation
Commission for its consideration when classifying or reclassifying a
unit.

5002.2.  (a) Following classification or reclassification of a unit
by the State Park and Recreation Commission, and prior to the
development of any new facilities in any previously classified unit,
the department shall prepare a general plan or revise any existing
plan, as the case may be, for the unit.
   The general plan shall consist of elements that will evaluate and
define the proposed land uses, facilities, concessions, operation of
the unit, any environmental impacts, and the management of resources,
and shall serve as a guide for the future development, management,
and operation of the unit.
   The general plan constitutes a report on a project for the
purposes of Section 21100. The general plan for a unit shall be
submitted by the department to the State Park and Recreation
Commission for approval.
   (b) The resource element of the general plan shall evaluate the
unit as a constituent of an ecological region and as a distinct
ecological entity, based upon historical and ecological research of
plant-animal and soil-geological relationships and shall contain a
declaration of purpose, setting forth specific long-range management
objectives for the unit consistent with the unit's classification
pursuant to Article 1.7 (commencing with Section 5019.50), and a
declaration of resource management policy, setting forth the precise
actions and limitations required for the achievement of the
objectives established in the declaration of purpose.
   (c) Notwithstanding the requirements of subdivision (a), the
department is not required to prepare a general plan for a unit that
has no general plan or to revise an existing plan, as the case may
be, if the only development contemplated by the department consists
of the repair, replacement, or rehabilitation of an existing
facility; the construction of a temporary facility, so long as such
construction does not result in the permanent commitment of a
resource of the unit; any undertaking necessary for the protection of
public health or safety; or any emergency measure necessary for the
immediate protection of natural or cultural resources; or any
combination thereof at a single unit. Any development is subject to
the requirements of the California Environmental Quality Act
(Division 13 (commencing with Section 21000)).
   (d) Any general plan approved prior to July 1, 1972, may be used
as the basis for development if the director finds that there has
been no significant change in the resources of the unit since
approval of the plan and that the plan is compatible with current
policies governing development of the unit and the classification of
the unit.
   (e) Consistent with good planning and sound resource management,
the department shall, in discharging its responsibilities under this
section, attempt to make units of the state park system accessible
and usable by the general public at the earliest opportunity.
   (f) The department may prepare a general plan which includes more
than one unit of the state park system for units which are in close
proximity to one another and which have similar resources and
recreational opportunities if that action will facilitate the
protection of public resources and public access to units of the
state park system.

5002.3.  A public hearing shall be scheduled by the State Park and
Recreation Commission to consider each matter of classification or
reclassification of a unit and of approval of the department's
general plan for a unit. Notice of the hearing shall be posted in
plain sight at one or more places within the affected unit, published
in one or more newspapers of general circulation in each county
within which the affected unit is located, and mailed to every person
who has filed a request for notice of the hearing with the
commission. If the notice of hearing is published in a weekly
newspaper, it shall appear therein on at least two different days of
publication; and if in a newspaper published more often, there shall
be at least five days from the first to the last day of publication,
both days included. The content of the notice of hearing shall
substantially comply with the requirements of Section 11346.5 of the
Government Code.
   Copies of the department's inventory of features, in the case of a
hearing on classification or reclassification, or copies of the
department's general plan, in the case of a hearing on approval of
the plans, shall be made available to the public at the department's
appropriate regional and district offices on the last date of
publication of the notice.
   The hearing shall be held by the commission in, or within a radius
of 100 miles of, the City of San Diego, Los Angeles, San Francisco,
San Bernardino, Eureka, Redding, Fresno, Ukiah, Monterey, San Luis
Obispo, Santa Barbara, or Sacramento, whichever is closest to the
unit affected, not less than 30 days, nor more than 60 days, after
the last date of publication of the notice. The hearing shall be
conducted in the manner specified in Section 11346.8 of the
Government Code. The vote of each individual member of the commission
on each matter of classification or reclassification and of approval
of the department's general plan shall be recorded when the final
decision of the commission is announced.

5002.4.  The department shall furnish a copy of the general plan for
any unit of the state park system for which a plan has been prepared
to any Member of the Legislature, upon request.

5002.45.  (a) Notwithstanding any other provision of this article,
upon completion of the land transfer authorized in Section 6 of
Chapter 1234 of the Statutes of 1980, the department shall prepare a
general plan or revise any existing general plan, as the case may be,
for the Sinkyone Wilderness State Park. The plan shall also include
the leased property described in paragraph (2) of subdivision (c) of
Section 6 of that chapter.
   (b) The general plan shall be as provided in Section 5002.2 and
shall also include all of the following:
   (1) Provision for a system of recreational trails connected one to
another and to other recreational trails in the region.
   (2) Provision for a system of nonmotorized transportation, at
least for those unable to hike long distances because of age or
disability. The department may contract for a privately owned and
operated system of horse-drawn carriages to be operated at no cost to
the state in order to provide this nonmotorized transportation.
   (3) Provision for parking of motor vehicles at Usal and Low Gap or
elsewhere at the perimeter of or near the Sinkyone Wilderness State
Park. This may include patrolled parking areas on the perimeter of or
near the park or parking lots in nearby communities with shuttle
buses to the wilderness area, or both; in any case, the department
may charge fees not to exceed its actual costs.
   (4) Provision for sportfishing. In addition, notwithstanding any
other provision of law, the commission may consider and authorize as
a part of the plan continuation of and regulation of hunting on the
limited basis traditional to the area, to the extent it does not
endanger human health or safety.
   (5) Provision for the continuation and renewal of road easements
which existed on January 1, 1980, across the park, to the extent that
the roads are necessary to provide access to neighboring property.
   (6) Provision for the maintenance and use of the existing
structure known as Needle Rock House as a visitor-serving or
interpretive facility or another use compatible with the preservation
of the wilderness environment.
   (7) Provision for any restrictions on the use of existing county
roads within the park, which restrictions may be necessary to protect
human health or safety, natural resources, or wilderness values of
the park; and provision for posting of signs on those roads to notify
persons of road conditions.
   (c) The department, in preparing or revising the general plan,
shall hold at least one public hearing in each of Mendocino and
Humboldt Counties.
   (d) The State Park and Recreation Commission shall conduct at
least one public hearing at a location within a 100-mile radius of
the park to consider approval of the department's general plan.
Notice of the hearing, the availability of copies of the department's
general plan, and the conduct of the hearing shall be in accordance
with Section 5002.3.
   (e) The State Park and Recreation Commission shall evaluate the
compatibility of continued use of existing roads with the proposed
uses of the park in the general plan adopted by the commission
pursuant to this section. However, no county road shall be closed
except with the concurrence of the board of supervisors of the county
in which it is located.

5002.5.  The department may accept a gift of title to the Chinese
Taoist Temple in Hanford, Kings County, for the state park system in
the event such gift of title is offered to the department. Before
title to the Chinese Taoist Temple is offered and accepted pursuant
to this section, the department shall enter into an agreement with
either a local governmental entity or with a nonprofit organization
for the operation of the Chinese Taoist Temple as a unit of the state
park system and such agreement shall provide that all operating and
maintenance costs associated with the Chinese Taoist Temple shall be
at no cost to the state.

5002.6.  (a) Notwithstanding any other provision of law, and upon
the adoption of a resolution of acceptance pursuant to subdivision
(h), the director shall grant to the County of Los Angeles, at no
cost to the county, in trust for the people of the State of
California, and subject to the conditions set forth in this section,
all of the rights, title, and interest of the State of California in
lands, and improvements thereon, generally described as follows, and
more particularly described in the deed:
   (1) Parcel 1.  Approximately 3.83 acres of unimproved land, known
as Las Tunas State Beach.
   (2) Parcel 2.  Approximately 31.21 acres of improved land, known
as Topanga State Beach.
   (3) Parcel 3.  Approximately 46.34 acres of improved land, being a
portion of Manhattan State Beach.
   (4) Parcel 4.  Approximately 26.03 acres of improved land, known
as Redondo State Beach.
   (5) Parcel 5.  Approximately 18.07 acres of improved land, known
as Royal Palms State Beach.
   (6) Parcel 6.  Approximately 30.64 acres of improved land, being a
portion of Point Dume State Beach.
   (7) Parcel 7.  Approximately 15.12 acres of unimproved land, known
as Dan Blocker State Beach, and that includes Latigo Shores.
   (8) Parcel 8.  Approximately 10.50 acres of improved land, being a
portion of Malibu Lagoon State Beach, known as Surf Rider Beach.
   (b) (1) The grant in trust for the people of the State of
California made pursuant to subdivision (a) shall be made upon the
express condition that the County of Los Angeles shall use, operate,
and maintain the granted lands and improvements thereon for public
recreation and beach purposes in perpetuity, and shall comply with
all restrictions specified in each deed and prescribed in subdivision
(e). The county shall not make or permit any other use of the
granted lands and improvements. Any violation of this prohibition or
any violation of subdivision (e) shall constitute a breach of
conditions for purposes of paragraph (2) of this subdivision.
   (2) Upon a material breach of any condition of a grant made
pursuant to this section which is determined by a court of competent
jurisdiction to have been made intentionally, the State of California
shall terminate the interest of the County of Los Angeles in the
granted lands and improvements pursuant to Chapter 5 (commencing with
Section 885.010) of Title 5 of Part 2 of Division 2 of the Civil
Code. Upon exercise of the state's power of termination in accordance
with Section 885.050 of the Civil Code, all rights, title, and
interest of the County of Los Angeles in the granted lands and
improvements shall terminate and revert to, and rest in, the state,
and the county shall, within 30 days from the date of that judgment,
pay to the state an amount equal to funds received by the county
annually from the appropriation under schedule (a) of Item
3680-105-516 of the Budget Act of 1995 or from any subsequent
appropriation received from the state specifically for the operation
or maintenance of the granted lands and improvements. However, in no
event shall that payment exceed the sum of one million five hundred
thousand dollars ($1,500,000). The returned funds shall be deposited
in the State Parks and Recreation Fund.
   (3) Notwithstanding Section 885.030 of the Civil Code, the state's
power of termination pursuant to paragraph (2) shall remain in
effect in perpetuity.
   (c) Any operating agreement between the State of California and
the County of Los Angeles pertaining to any of the real property
described in subdivision (a), in existence at the time of the grant,
shall be terminated by operation of law upon the conveyance of the
real property to the County of Los Angeles.
   (d) There is hereby excepted and reserved to the State of
California from the grants made pursuant to subdivision (a) all
mineral deposits, as defined in Section 6407, which lie below a depth
of 500 feet, without surface rights of entry.
   (e) The transfer of all rights, title, and interest in the lands
and improvements described in subdivision (a) shall be subject to the
following restrictions, which shall be specified in each deed:
   (1) (A) No new or expanded commercial development shall be allowed
on the granted real property.
   (B) Any project for new or expanded noncommercial development on
the granted real property shall not exceed an estimated cost
limitation for each project of two hundred fifty thousand dollars
($250,000), as adjusted annually to reflect the California
Construction Index utilized by the Department of General Services.
Any authorization for new and expanded noncommercial development
shall be limited to projects that provide for the safety and
convenience of the general public in the use and enjoyment of, and
enhancement of, recreational and educational experiences, and shall
be consistent with the use, operation, and maintenance of the granted
lands and improvements as required pursuant to subdivision (b). The
expenditure of public funds for shoreline protective works shall only
be permitted for those protective works that the County of Los
Angeles determines are necessary for the protection of public
infrastructure or a public facility. For purposes of this
subparagraph, "project" means the whole of an action that constitutes
the entirety of the particular type of new construction, alteration,
or extension or betterment of an existing structure.
   (C) Notwithstanding subparagraph (B), the deed for the conveyance
of Royal Palms State Beach shall contain a provision that allows for
the implementation of the state-approved local assistance grant
(project number SL-19-003) to the County of Los Angeles already
approved in the Budget Act of 1988 for noncommercial development to
rehabilitate the existing park infrastructure at that state beach.
   (D) The estimated cost limitation specified in subparagraph (B)
shall not apply to the noncommercial projects necessary to bring
public accessways and public facilities into compliance with the
Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sec.
12101 et seq.). The limitation described in this subparagraph shall
not affect the restriction described in subparagraph (A) of paragraph
(1) of subdivision (e).
   (2) The granted lands and improvements may not be subsequently
sold, transferred, or encumbered. For purposes of this section,
"encumber" includes, but is not limited to, mortgaging the property,
pledging the property as collateral, or any other transaction under
which the property would serve as security for borrowed funds. Any
lease of the granted lands or improvements shall only be consistent
with the public recreation and beach purposes of this section.
   (f) As an alternative to the exercise of the power of termination
for a material breach of conditions, each condition set forth in this
section shall be enforceable as a covenant and equitable servitude
through injunction for specific performance issued by a court of
competent jurisdiction.
   (g) On and after June 30, 1998, it is the intent of the
Legislature that any application by the County of Los Angeles Fire
Department to secure state funding support for boating safety and
enforcement on waters within the County of Los Angeles shall be given
priority consideration by the Legislature, unless an alternative
source of funding is secured prior to that date which serves the same
or similar purposes.
   (h) This section shall become operative only if the Board of
Supervisors of the County of Los Angeles adopts a resolution
accepting the fee title grants, in trust for the people of the State
of California, in accordance with this section, of the lands and
improvements described in subdivision (a).

5002.7.  (a) The beach bicycle path in the County of Los Angeles,
which runs 22.3 miles from its northern end at the Will Rogers State
Beach to its southern end in the City of Torrance, shall be named the
"Marvin Braude Bikeway" in honor of Marvin Braude, a former member
of the City Council of the City of Los Angeles.
   (b) Signage for the Marvin Braude Bikeway shall be placed at
appropriate locations to commemorate the many conservation
accomplishments of Marvin Braude, who tirelessly led efforts on
behalf of the Santa Monica Mountains Conservancy, helped create the
Venice Beach bikeway, and championed many other efforts to create and
preserve open space and parks. Costs for the signage shall be funded
by agreements made by the managing local governments and private
sources.

5003.  The department shall administer, protect, develop, and
interpret the property under its jurisdiction for the use and
enjoyment of the public. Except as provided in Section 18930 of the
Health and Safety Code, the department may establish rules and
regulations not inconsistent with law for the government and
administration of the property under its jurisdiction. The department
may expend all moneys of the department, from whatever source
derived, for the care, protection, supervision, extension, and
improvement or development of the property under its jurisdiction.

5003.01.  The Legislature hereby finds and declares that the East
Bay Regional Park District is contemplating the development of
extensive new marina facilities at the Robert W. Crown Memorial State
Beach and that the 20-year term authorized by law would be
insufficient to enable any concessionaire to amortize the type and
scale of improvements that the district would require the
concessionaire to make at the marina.
   Accordingly, pursuant to subdivision (a) of Section 5080.18, the
term of a concession contract entered into by the East Bay Regional
Park District for the development and operation of a new marina at
the Robert W. Crown Memorial State Beach may be for a period not
exceeding 50 years ; provided, that the contract shall provide that
the rental rates be reviewed and adjusted every five years to reflect
market rates and conditions prevailing in the area in which the
concession is located.

5003.02.1.  (a) The Legislature hereby finds and declares that the
department and the City of Grover Beach, in a joint project, are in
the process of entering into an operating agreement for the purpose
of negotiating a concession contract for the development of extensive
new facilities at Pismo Beach State Park, and that the standard,
20-year term is insufficient to enable the concessionaire to amortize
the type and scale of improvements that the department and the city
will require the concessionaire to make.
   (b) The Legislature further finds and declares that approval of
commercial development at Pismo Beach State Park does not provide
precedent for commercial development in other units of the state park
system and is a one-time exception to Sections 5019.53 and 5080.03
by reason of the following circumstances:
   (1) The general plan for the state park provides for the project.
   (2) The site is located on the perimeter of the state park and
adjacent to State Route 1.
   (3) The development will not impact the resources or the public's
use of the state park.
   (4) The land proposed to be developed is suitable for commercial
development.
   (c) Pursuant to subdivision (a) of Section 5080.18, the term of
the concession contract entered into by the department and the City
of Grover Beach with a concessionaire for the development of new
facilities at Pismo Beach State Park may be for a period not to
exceed 50 years if the contract also provides that the rent be
reviewed and adjusted at least every five years to reflect market
rates and economic conditions prevailing in the area in which the
concession is located.
   (d) No contract subject to this section may be advertised for bid,
negotiated, renegotiated, or amended in any material respect unless
the Legislature reviews and approves the proposed contract in the
annual Budget Act.

5003.03.  (a) It is the intent of the Legislature, in enacting this
section, to provide for the acquisition, planning, and operation of a
state park project located on the east shore of the San Francisco
Bay. The state park project shall consist of a contiguous shoreline
park and bay trail along the east shore of the San Francisco Bay from
the Bay Bridge to the Marina Bay Trail in Richmond, serving as a
recreational facility within its natural setting developed in concert
with a public planning process agreeable to the state and the East
Bay Regional Park District.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Department" means the Department of Parks and Recreation.
   (2) "District" means the East Bay Regional Park District.
   (3) "Shoreline park" means a state park project as described in
subdivision (a).
   (c) For the purpose of the acquisition, planning, and development
of the shoreline park, the district shall act as agent for the state
and, as the state's agent, shall have the authority to exercise all
of the district's powers for the purposes of acquiring, planning, and
developing the shoreline park. The district shall be reimbursed by
the state for any direct costs that the district incurs in carrying
out these activities, upon appropriation therefor by the Legislature.
By appointing the district as agent for the state, it is the intent
of the Legislature to direct the state and the district to act in an
expeditious manner towards the acquisition, planning, and development
of the shoreline park.
   (d) The department and the district shall negotiate, in good
faith, an agreement specifying the activities necessary to accomplish
the acquisition, planning, and development of the shoreline park.
The agreement shall set forth the roles and responsibilities of the
district and the department. Upon execution of the agreement, the
remainder of the funds in Items 3790-490-742(2) and 3790-490-721(0.5)
of Section 2.00 of the Budget Act of 1992 shall be encumbered for
the purposes set forth in the agreement.
   (e) All property interests acquired pursuant to this section shall
be held as a unit of the state park system.
   (f) All costs associated with the appraisal and acquisition
process, including any costs necessary to test for the presence of
toxic wastes, hazardous wastes, or hazardous substances, shall come
from bond funds which have been designated for the shoreline park
project acquisition.
   (g) The district shall not assume any responsibility or liability
or costs associated with the necessary cleanup of any pollution or
remediation of other environmental problems that exist as of January
1, 1993, or that may thereafter arise, on any property acquired for
the shoreline park using state funds.
   (h) The district, in consultation with the affected cities and
their citizens, shall develop, in accordance with its master plan
process, a land use development plan for the shoreline park, which,
upon completion, shall be submitted to the department for approval.
The land use development plan shall be consistent with the general
plans of the affected cities. The district and the department shall
utilize the 1982 Feasibility Study as the initial planning document
for the shoreline park, recognizing that the park shall be a
recreational facility harmonious with its natural setting.
   (i) When a parcel of land is determined to be available for
acquisition for the shoreline park, the district shall notify the
department and the department shall expeditiously pursue through the
appropriate state process the release of the necessary funding for
the acquisition, including all related costs, from funds available
pursuant to subparagraph (I) of paragraph (1) of subdivision (b) of
Section 5907.
   (j) Upon completion of the acquisition and planning process, the
full remediation of any and all environmental problems, and provision
of funding for the development and operation and maintenance of the
park, the department and the district shall negotiate , in good
faith, a mutually acceptable agreement for the management and
operation of the shoreline park.

5003.05.  Rules and regulations adopted pursuant to Section 5003
shall also apply on any granted or ungranted tidelands or submerged
lands abutting property of the department and used for recreational
purposes by members of the general public in conjunction with their
use of the department's property between the boundary of the lands
under the jurisdiction of the department and a line running parallel
to and 1,000 feet waterward of the ordinary high water mark, so long
as the rule or regulation being applied is not inconsistent with any
rule or regulation of any other public agency which is applicable to
those tide or submerged lands.

5003.06.  (a) Notwithstanding any other provision of law, the
director may grant, in trust, and subject to the conditions set forth
in this section, all of the rights, title, and interest of the State
of California in all lands located within the boundaries of Durham
Ferry State Park, including any improvements on those lands, to the
San Joaquin County Office of Education.
   (b) The San Joaquin County Office of Education shall use and
maintain any lands, and any improvements thereon, that are granted to
the office pursuant to subdivision (a) only for park, recreational,
or educational purposes.

5003.1.  The Legislature finds and declares that it is in the public
interest to permit hunting, fishing, swimming, trails, camping,
campsites, and rental vacation cabins in certain state recreation
areas, or portions thereof, when it is found by the State Park and
Recreation Commission that multiple use of state recreation areas
would not threaten the safety and welfare of other state recreation
area users. Hunting shall not be permitted in any unit now in the
state park system and officially opened to the public on or before
June 1, 1961, or in any unit hereafter acquired and designated by the
commission as a state park, state marine reserve, state marine park,
state reserve, state marine conservation area, or state marine
cultural preservation area, and may only be permitted in new
recreational areas and state marine recreational management areas
that are developed for that use.
   Whenever hunting or fishing is permitted in a state recreation
area or state marine recreational management area, and whenever
fishing is permitted in a state park, state marine park, state marine
cultural preservation area, or state marine conservation area, the
Department of Fish and Game shall enforce hunting and fishing laws
and regulations as it does elsewhere in the state.

5003.2.  Without limiting any statutory powers of the Department of
Parks and Recreation, real property which is in the control and
possession and under the jurisdiction of the Department of Parks and
Recreation shall be subject to the provisions of Division 3
(commencing with Section 11000), Title 2 of the Government Code that
relate to the disposition of state-owned real property.
   Every transaction entered into pursuant to Division 3 (commencing
with Section 11000), Title 2 of the Government Code affecting such
real property, shall be subject to the approval of the Department of
Parks and Recreation.

5003.3.  The State Park and Recreation Commission shall allow, in
accordance with Section 5003.1, waterfowl hunting annually from the
opening day of hunting season for ducks or geese, whichever is
earlier, to and including the closing day of this season, whichever
is later, as established by the Fish and Game Commission, in all of
Franks Tract State Recreation Area, except within 200 feet of or on
the 330 acre island known as the Little Franks Tract, which is
bounded on the south and west by Piper Slough, on the north by False
River, and on the east by the open water portion of Franks Tract
State Recreation Area. A map of the portions of Franks Tract State
Recreation Area open to hunting shall be available at the delta area
office at Brannan Island State Recreation Area for examination.

5003.35.  Notwithstanding Section 5003.1, waterfowl hunting shall be
allowed at the Lake Earl and Lake Talawa project in accordance with
the existing interagency agreement with the Department of Fish and
Game and with regulations of the Fish and Game Commission governing
waterfowl hunting at the project. The agreement shall be extended
until such time as the project is classified as a unit of the state
park system.

5003.4.  There shall be provided in each state park in which camping
is permitted those parking facilities for recreational vehicles, as
defined by Section 18010 of the Health and Safety Code, that can be
accommodated within the park consistent with the objective of
providing camping facilities for the public in these parks. In
addition, the Department of Parks and Recreation may install or
permit the installation of camping cabins, as defined by Section
18862.5 of the Health and Safety Code, within the units of the state
park system if installation of camping cabins is consistent with the
general plan of the unit.

5003.5.  The department is authorized to provide means of ingress to
and egress from all state parks in order to provide ready access
thereto by the public and to provide means of ingress and egress to
highways and roads across state parks from lands separated from such
highways and roads by state parks, and for that purpose may enter
into contracts or agreements with cities, counties, and other
political subdivisions of the State and with other state agencies or
with persons, firms or corporations for the acquisition,
construction, and maintenance of suitable roads, trails, and
pathways.
   When application is received by the department, other than under
Section 5012, from any person, firm or corporation for right-of-way
across a state park for ingress and egress to a highway or road from
their lands separated from such highway or road by the state park,
the department shall determine whether any reasonable access exists
outside the boundaries of the park, or could be economically
constructed. Where reasonable access does not exist or cannot be
economically constructed outside the boundaries of the park, the
department shall grant a permit for right-of-way across the park over
such route and subject to such conditions and construction and
maintenance specifications as the department may determine which will
cause minimum alteration to the physical features of the park and
minimum interference with the use of the park by the public. The
permittee shall at his own expense construct and maintain the means
of ingress and egress in accordance with the terms and conditions set
forth in the permit, noncompliance with which in any part shall be
due cause for revocation of such permit. The department may require a
permittee or permittees to allow the use of such means of ingress
and egress by any other applicant whose lands are similarly situated.
The department shall grant a permit for such use under terms and
conditions imposed upon existing users, upon payment of a reasonable
compensation for construction and maintenance of the road, by the
applicant to the existing permittee, or permittees.

5003.6.  The planning, design, and construction of a boating
facility within the state park system shall be the responsibility of
the Department of Boating and Waterways pursuant to subdivision (c)
of Section 50 of the Harbors and Navigation Code.

5003.7.  (a) For due, owing, and unpaid charges or fees for water,
sewage, gas, electricity, garbage, or other utility services
furnished by the Department of Parks and Recreation or the Department
of General Services to real property, the department shall have a
lien on that real property upon filing a notice of lien with the
county recorder.
   (b) The notice of lien shall contain all of the following:
   (1) A description of the subject real property.
   (2) The total amount of the lien.
   (3) The type of service furnished.
   (4) The period during which service was furnished, the amount
owing for the period of service, and the date upon which the amount
became due.
   (5) A verified statement that notice of the delinquent charges or
fees was mailed, postage prepaid, to the owner of record, to any
other known owner, and to the person in possession of the subject
real property at their last known address at least 30 days prior to
the filing of the notice of lien with the county recorder.
   (c) The lien shall not extend to delinquent charges or fees
incurred more than four years prior to the filing of the notice of
lien. The lien shall, except as provided in subdivision (e), continue
in effect for four years after the filing of the notice of lien,
unless sooner extinguished by payment, satisfaction, or merger in
judgment of foreclosure.
   (d) Within four years after the notice of lien is filed of record,
an action to foreclose the lien may, notwithstanding any other
provision of law, be brought in the name of the people in any court
having jurisdiction to hear and dispose of actions to foreclose
mechanics' liens for like amounts. If the action is commenced in a
court of competent jurisdiction in Sacramento County, the court is
the proper court for trial, without regard to the residence of the
defendants.
   (e) Upon recording of lis pendens, the notice of lien shall
continue in effect until the recording of the abstract of judgment
thereon, unless the lien be otherwise extinguished, but not in any
event in excess of 10 years from the date of recording of the notice
of lien. The lien of abstract shall take priority from the date of
recordation of the notice of lien.
   (f) The Director of Parks and Recreation or the Director of
General Services, as the case may be, or the Attorney General may
execute and file those notices, releases, and satisfaction, as may be
necessary or convenient in carrying out this section.

5003.8.  Notwithstanding any other provision of this code or of law
and except as provided in the State Building Standards Law (Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code), the director, the department, or the State Park and
Recreation Commission shall not adopt nor publish a building
standard, as defined in Section 18909 of the Health and Safety Code,
unless Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945
of the Health and Safety Code are expressly excepted in the statute
under which the authority to adopt rules, regulations, or orders is
delegated. Any building standard adopted in violation of this section
has no force or effect. Any building standard adopted before January
1, 1980, pursuant to this code and not expressly excepted by statute
from those provisions of the State Building Standards Law shall
remain in effect only until January 1, 1985, or until adopted,
amended, or superseded by provisions published in the State Building
Standards Code, whichever occurs sooner.

5003.10.  (a) The department may convey, in trust for the
development, improvement, operation, and maintenance of trails, to
the County of San Mateo, for administration through its parks and
recreation department, all rights, title, and interest held or owned
by the state, including easements and rights-of-way, in real property
located in the County of San Mateo between La Honda Road (Route 84)
and Route 280, consisting of seven segments of land within the
California Hiking and Riding Trail, as follows:
   (1) Tract #4, book 3890, page 616, file #7250-T, recorded
11/15/60.
   (2) Tract #9, book 1903, page 486, file #73287-I, recorded
7/21/50.
   (3) Tract #10, book 2648, page 547, file #85234-L, recorded
9/13/54.
   (4) Tract #11, book 1969, page 55, file #96904-I, recorded
11/02/50.
   (5) Tract #11A, book 2495, page 463, file #17524-L, recorded
11/05/53.
   (6) Tract #12, book 1995, page 5, file #6416-J, recorded 12/19/50.
   (7) Tract #14, book 1904, page 667, file #73783-I, recorded
7/22/50.
   (8) Tract #15, book 2023, page 658, file #17905-J, recorded
2/16/51.
   (9) Tract #38, including a section of the trail that crosses
Skyline Boulevard and proceeds adjacent to the eastern right-of-way
line to Westborough Boulevard, where it again crosses Skyline
Boulevard and extends west to Malagra Ridge, and that was acquired
pursuant to a letter of permission issued by the State of California
that was secured on 2/11/60.
   (b) The County of San Mateo may develop, improve, operate, and
maintain the real property conveyed pursuant to subdivision (a) as a
part of the county's trail system.

5003.11.  (a) Notwithstanding the provisions of Division 3
(commencing with Section 11000) of Title 2 of the Government Code
that relate to the disposition of state-owned real property, the
director may grant to the City of Malibu, subject to the conditions
set forth in this section, all of the rights, title, and interest of
the state in an approximately 10.81-acre portion of the Malibu Bluffs
unit of Malibu Lagoon State Beach, known as Malibu Bluffs Community
Park, in the County of Los Angeles.
   (b) The grant is subject to all of the following conditions:
   (1) The real property conveyed shall be operated, maintained, and
improved by the City of Malibu for park purposes in perpetuity,
consistent with any covenants, conditions, and restrictions in the
deed transferring the property.
   (2) The City of Malibu shall pay the department fair market value
for the real property conveyed and as restricted by paragraph (1).
The fair market value shall be determined by an appraisal that is
reviewed and approved by the Department of General Services.
   (3) The net proceeds from the transfer shall be deposited pursuant
to Section 5003.15, with Attorney General review and approval.
   (c) The Legislature finds and declares that the transfer to the
City of Malibu of the real property described in subdivision (a) and
subject to the conditions specified in subdivision (b) is excepted
from the provisions of Section 5096.516 in accordance with paragraph
(3) of subdivision (c) of Section 5096.516.

5003.12.  The department may convey, in trust for the development,
improvement, operation, and maintenance of trails, to the
Midpeninsula Regional Open Space District all rights, title, and
interest held or owned by the state, including easements and
rights-of-way, in real property located in the County of San Mateo to
the west of, and parallel to, Skyline Boulevard (Route 35) between
Allen Road and Spanish Creek Road, south of La Honda Road (Route 84),
consisting of five segments of land within the California Hiking and
Riding Trail, as follows:
   (a) Tract #17B, book 2518, page 221, file #27499, recorded
12/05/53.
   (b) Tract #18A, book 2509, page 42, file #23256-L, recorded
12/07/53.
   (c) Tract #19, book 2507, page 118, file #22328-L, recorded
12/02/53.
   (d) Tract #19A, book 3064, page 526, file #73082-H, recorded
7/24/56.
   (e) Tract #19B, book 2495, page 466, file #17525-L, recorded
11/05/53.

5003.13.  (a) The director may grant, in trust, an easement, subject
to an agreement reached between the department and the County of
Santa Cruz, of 420 feet of Aptos Creek Road as it extends northward
from Soquel Drive to the County of Santa Cruz for county road
purposes, if those uses include access for beach, park, and
recreational purposes.
   (b) The County of Santa Cruz shall use and maintain any lands, and
any improvements thereon, that are granted to the county pursuant to
subdivision (a).

5003.14.  (a) Notwithstanding any other provision of law, the
director may grant, in trust and subject to the conditions set forth
in this section, all of the rights, title, and interest of the State
of California in all lands located within the boundaries of the
Oxnard State Beach to the City of Oxnard in Ventura County.
   (b)(1) The grant made pursuant to subdivision (a) shall not affect
the use or preservation of the beach lands, including the
preservation of the primary dune system within the boundaries of the
beach lands.
   (2) The grant shall be made upon the following express conditions:
   (A) The City of Oxnard shall use and maintain the beach lands, and
any improvements thereon, that are conveyed in the deed, for public
beach purposes.
   (B) Any improvements that are constructed or placed on the beach
lands after the date that the grant is made shall conform to the
Oxnard State Beach General Plan that was adopted pursuant to Section
5002.2.
   (3) Upon a breach by the City of Oxnard, or its successors or
assigns, of any of the conditions upon which the grant is made, as
set forth in paragraph (2), all of the rights, title, and interest of
the City of Oxnard in the beach lands and improvements thereon shall
be terminated pursuant to the procedures prescribed in Chapter 5
(commencing with Section 885.010) of Title 5 of Part 2 of Division 2
of the Civil Code, and all rights, title, and interest in the beach
lands and improvements thereon shall revert to, and rest in, the
state.

5003.15.  The net proceeds of any sale made on behalf of the
department pursuant to Section 11011 of the Government Code of any
real property originally acquired for state park purposes, regardless
of whether that real property is under the jurisdiction of the
department, shall be deposited in the fund which was the original
source for the acquisition of the property and shall be available for
appropriation for the further extension, improvement, or development
of the state park system in accordance with the law governing that
fund. If the fund of origin is not in existence, or if the original
source for the acquisition was funds from the federal government for
park purposes or a donation of real property, the net proceeds shall
be deposited in the State Parks and Recreation Fund and shall be
available for appropriation for the further extension, improvement,
or development of the state park system. If the real property was
originally acquired with moneys appropriated from the General Fund,
the net proceeds shall be deposited in the unappropriated surplus of
the General Fund.
   This section does not apply to the sale of any real property in
the state vehicular recreation areas.

5003.16.  (a) Subject to subdivisions (b) to (f), inclusive, and
notwithstanding the provisions of Division 3 (commencing with Section
11000) of Title 2 of the Government Code that relate to the
disposition of state-owned real property, with the approval of the
Director of General Services, the director may exchange with or sell
to the City of Sacramento for fair market value all or part of the
following described property located in Old Sacramento State Historic
Park that is part of the Old Sacramento Historic District in the
City of Sacramento:
   (1) PARCEL 1: APN 009-0012-048 (Docks).
   (2) PARCEL 2: APN 009-0012-058 (Docks).
   (3) PARCEL 3: APN 009-0012-059 (Docks).
   (4) PARCEL 4: APN 002-0010-023 (Railyards Riverfront).
   (b) For the purpose of complying with the fair market value
requirement of subdivision (a), the City of Sacramento shall be
credited for any financial participation it contributes either toward
a purchase by the state of a real property interest that benefits
Old Sacramento State Historic Park, or in a development project by
the state that benefits Old Sacramento State Historic Park, or both.
For the purpose of this subdivision, any purchase by the state shall
be made at fair market value, and any development by the state shall
be valued at fair market value.
   (c) The transfer authorized in subdivision (a) shall require that
the fair market value include consideration for any toxic remediation
that needs to be performed on the parcels.
   (d) Proceeds from the transfer authorized in subdivision (a) shall
be used to finance the department's costs for negotiating the
transfer and transferring the property.
   (e) Any net proceeds from the transfer authorized in subdivision
(a) shall be deposited into the State Park Contingent Fund to be used
for development or construction within Old Sacramento State Historic
Park.
   (f) Before authorizing an exchange, sale, or transfer, the
director shall secure an independent market valuation of the property
authorized for transfer.

5003.17.  (a) The department may lease, for any use, all or any
portion of any parcel of real property acquired for state park system
purposes, if the director finds that the use would be compatible
with the use of the real property as a unit or part of a unit and
with the sound management and conservation of resources within the
unit.
   (b) Rent shall be based on the fair market value of the property
when used for the purpose for which it is leased. All rent shall be
deposited pursuant to Section 5010.
   (c) The lease term shall not exceed 10 years. All leases are
subject to the approval of the Department of General Services.
   (d) No lease shall be entered into that extends beyond the 10-year
period unless the Legislature has reviewed and approved the proposed
lease as part of the annual budget process, or the Public Works
Board has determined that the proposed lease could not have been
presented to the Legislature for review and approval in the course of
its consideration of the Budget Bill and that it would be adverse to
the interests of the public to defer that review and approval to a
time when the Legislature next considers a Budget Bill. Upon making
that determination, the board may review and approve the proposed
lease after giving at least 20 days' written notice to the
Chairperson of the Joint Legislative Budget Committee and to the
chairperson of the fiscal and appropriate policy committees of its
intended action. All actions taken by the board pursuant to this
subdivision shall be reported to the Legislature in the next Governor'
s Budget.

5003.18.  (a) The director may lease to the City of Los Angeles a
parcel, not to exceed 20 acres of unimproved real property situated
in the City of Los Angeles, that parcel being a portion of the
property owned by the department and commonly known as Taylor Yard.
   (b) Notwithstanding subdivisions (b) and (c) of Section 5003.17,
the term of the lease shall be for a period not to exceed 25 years
and shall be without monetary consideration for use of the property,
except that the city shall fund the development and operation of the
park. The terms of the lease shall specify the nature of the city's
control of, and responsibility for the operation of, the parcel.
   (c) The purpose of the lease shall be for the development and
operation by the city of a local park with regional benefits
containing and providing organized sports facilities that will
primarily serve the youth of the Los Angeles region.
   (d) If the department determines that the city has failed to
develop a local park with regional benefits containing and providing
organized sports facilities within five years of execution of the
lease, the state shall have the right to terminate the lease.
   (e) Notwithstanding subdivision (d) of Section 5003.17, the Public
Works Board shall review and approve the lease, and shall report any
action taken to the Legislature and the Governor.
   (f) Upon one year's written notice from the city and upon the
state's written consent as granted pursuant to the state's sole
discretion, the lease may be extended for an additional 25 years
commencing on the first calendar day after the date set for
expiration of the lease. In exercising its discretion to extend the
term of the lease, the state may modify, add, or delete terms and
conditions of the lease, including a requirement for monetary
consideration for use of the property, as the state may determine to
be in the best interest of the state. Pursuant to subdivision (d) of
Section 5003.17, the Legislature shall review and approve any
extension of the lease.
   (g) The lease, and any extension of the lease, pursuant to this
section shall require the city to comply with applicable stormwater
waste discharge requirements issued by the Los Angeles Regional Water
Quality Control Board and the State Water Resources Control Board.
   (h) The City of Los Angeles may not use the lease as its match
when applying for grant funds under the Roberti-Z'Berg-Harris Urban
Open-Space and Recreation Program Act (Chapter 3.2 (commencing with
Section 5620)), or any other state grant funds, to develop Taylor
Yard.

5003.19.  (a) Notwithstanding the provisions of Division 3
(commencing with Section 11000) of Title 2 of the Government Code
that relate to the disposition of state-owned real property, the
director may grant to the City of Santa Cruz, subject to the
conditions set forth in this section, all of the rights, title, and
interest of the state in approximately 37.6 acres, known as
Lighthouse Field State Beach, in the County of Santa Cruz.
   (b) The grant is subject to all of the following conditions:
   (1) The real property conveyed shall be operated, maintained, and
improved by the City of Santa Cruz for park purposes in perpetuity,
consistent with any covenants, conditions, and restrictions in the
deed transferring the property.
   (2) The City of Santa Cruz shall pay the department fair market
value, in accordance with mutually agreed upon terms, for the real
property conveyed and as restricted by paragraph (1). The fair market
value shall be determined by an appraisal that is reviewed and
approved by the Department of General Services.
   (3) The net proceeds from the transfer shall be deposited pursuant
to Section 5003.15, with Attorney General review and approval.
   (c) The Legislature finds and declares that the transfer to the
City of Santa Cruz of the real property described in subdivision (a)
and subject to the conditions specified in subdivision (b) is
excepted from the provisions of Section 5096.516 in accordance with
paragraph (3) of subdivision (c) of Section 5096.516.

5004.  The department shall gather, digest, and summarize, in its
annual reports to the Governor, information concerning the State Park
System and the relation to it of other available means for
conserving, developing, and utilizing the scenic and recreational
resources of the State.

5004.5.  (a) The California Youth Soccer and Recreation Development
Program is hereby created in the department. The department shall
administer the program, which is intended to provide assistance to
local agencies and community-based organizations with regard to
funding, and fostering the development of, new youth soccer,
baseball, softball, and basketball recreation opportunities in the
state.
   (b) After all grants authorized under this program have been
awarded, the department shall report to the Budget Committee of the
Assembly and the Budget and Fiscal Review Committee of the Senate on
the number of grant applications received, the total amount of funds
sought by applicants, and the number of eligible applications that
were not funded.
   (c) The California Youth Soccer and Recreation Development Fund is
hereby created in the State Treasury, to be used as a repository of
funds derived from federal, state, and private sources to be used for
the program.
   (d) The department shall award grants, on a competitive basis, to
local agencies and community-based organizations for the purposes of
the program, subject to an appropriation therefor. The department
shall also develop eligibility guidelines for the award of grants
that give preference to those communities that provide matching funds
for grants, and that are heavily populated, low-income urban areas
with a high youth crime and unemployment rate. The guidelines shall
also require that preference be given to those inner city properties
that may be leased for periods of at least five years or more for
recreational purposes. The department shall conduct public hearings
throughout the state prior to final adoption of eligibility
guidelines.
   (e) Any regulation, guideline, or procedural guide adopted or
developed pursuant to this section is not subject to the review or
approval of the Office of Administrative Law or to any other
requirement of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (f) For purposes of this section, the following terms have the
following meanings:
   (1) "Community-based organization" means an organization that
enters into a cooperative agreement with the department pursuant to
Section 513, a nonprofit group or organization, or a friends of parks
group or organization of a city, county, city and county, and
regional park. All community-based organizations shall have a current
tax-exempt status as a nonprofit organization under Section 501(c)
(3) of the federal Internal Revenue Code.
   (2) "Local agency" means a city, county, city and county, park and
recreation district, open-space district, or school district.
   (g) This section shall be implemented only upon appropriation of
sufficient funds to the department for that purpose.
   (h) All funds received by the department pursuant to this section
shall be encumbered within three years of the date of the
appropriation and expended within eight years from the date of the
appropriation.
   (i) Nothing in this section is intended to prohibit
community-based organizations from acting in partnership with
organizations that do not have tax-exempt status as a nonprofit
organization under Section 501(c)(3) of the federal Internal Revenue
Code.

5005.  (a) The department may receive and accept in the name of the
people of the state any gift, dedication, devise, grant, or other
conveyance of title to or any interest in real property, including
water rights, roads, trails, and rights-of-way, to be added to or
used in connection with the park system. It may receive and accept
gifts, donations, contributions, or bequests of money to be used in
acquiring title to or any interest in real property, or in improving
it as a part of or in connection with the State Park System, or to be
used for any of the purposes for which the department is created. It
may also receive and accept personal property for any purpose
connected with the park system.
   (b) Subdivision (a) is subject to the requirements and exceptions
set forth in Section 11005 of the Government Code.

5005.01.  (a) The Department of Parks and Recreation shall, after
consultation with appropriate Native American groups, receive and
accept a donation of Indian artifacts found in the vicinity of the
Los Encinos State Historic Park. The donation shall consist of a
representative sample of artifacts determined by the department to be
of historic or cultural interest to the residents of the San
Fernando Valley.
   (b) The department shall, after consultation with appropriate
Native American groups, house and display the donated artifacts at
the Los Encinos State Historic Park.
   (c) Artifacts not received and accepted pursuant to subdivision
(a) may be donated to colleges, universities, museums, appropriate
Native American groups, or nonprofit organizations in California.

5005.1.  The Department of Parks and Recreation may with approval of
the Department of General Services transfer, sell or otherwise
dispose of personal property under its jurisdiction and may contract
with other public agencies for its custody.

5005.3.  The department shall identify a site on its lands at the
head of Bodega Bay, which shall be mutually agreed upon by the
department and the Board of Directors of the Pacific Coast Federation
of Fishermen's Association, for the Bodega Bay Fisherman's Memorial.
The memorial shall be constructed and maintained solely through
private contributions of funds, materials, and labor. The department
shall be responsible for the interpretation, in consultation with the
Pacific Coast Federation of Fishermen's Association, of the memorial
after its completion.

5005.6.  The department has exclusive jurisdiction with respect to
property salvage and recovery operations in and upon the lands of the
state park system. The department may grant the privilege of
conducting salvage and recovery operations in and upon those lands by
the issuance of permits. The director may adopt rules and
regulations in connection with applications for the permits and the
operations to be conducted thereunder, as he or she deems necessary
to protect the state park system and the interests of the public in
the recovered property. The regulations may include, but may not be
limited to, regulations on the percentage of recovered property to be
retained by the state, authorization for retention by the state of
any items of historical, cultural, or other value, authorized
methods, and recordkeeping requirements for conduct of salvage
operations.
   The terms and conditions of any permit issued pursuant to this
section shall be subject to the approval of the Director of Finance.

5006.  (a) The department, with the consent of the Department of
Finance, and subject to Section 15853 of the Government Code, may
acquire title to or any interest in real property, including personal
property incidental to the purchase of real property and options to
purchase property, which the department deems necessary or proper for
the extension, improvement, or development of the state park system.
All real and personal property acquired by the department for the
state park system shall be under the jurisdiction of the department
immediately upon transfer of title to the state.
   (b) (1) The department, pursuant to paragraph (1) of subdivision
(d) of Section 15853 of the Government Code, may appraise and select
real property for the purpose of acquiring an option to purchase the
real property for the state park system. The department may utilize
the services of the Real Estate Services Division of the Department
of General Services or may contract with independent appraisers
appropriately certified by the Office of Real Estate Appraisers, to
assist in appraising property.
   (2) The department, pursuant to paragraph (1) of subdivision (d)
of Section 15853 of the Government Code, may appraise and select real
property for potential acquisition of, and addition to, the state
park system. The department may utilize the services of the Real
Estate Services Division of the Department of General Services or may
contract with independent appraisers appropriately certified by the
Office of Real Estate Appraisers, to assist in appraising the
property. Prior to appraising the property, the Department of Parks
and Recreation shall notify the owners of the real property that the
department is considering the real property for acquisition, and may
have it appraised. The department shall determine the form and manner
of giving the notice.
   (3) The department, pursuant to paragraph (1) of subdivision (d)
of Section 15853 of the Government Code, may select real property it
has appraised and submit purchase offers and negotiate a purchase
agreement with the owner or owners of the property. The department
shall be responsible for implementing and processing the purchase
agreement and conveyance of title to the state. The department may
utilize the services of the Real Estate Services Division of the
Department of General Services, or may contract with other state
agencies with real estate and right-of-way acquisition programs, to
assist in negotiating purchase agreements and conveyance of title.
   (c) Upon acquisition of real property for the state park system,
the department shall be responsible for providing relocation
assistance to displaced persons as provided under Chapter 16
(commencing with Section 7260) of Division 7 of Title 1 of the
Government Code. The department may utilize the services of the Real
Estate Services Division of the Department of General Services, or
may contract with other state agencies or private consultants with
real estate and right-of-way acquisition programs, to assist in
relocation planning and implementation.
   (d) (1) Requests for funding to administer the department's
acquisition program shall be submitted by the department for
inclusion in the Governor's Budget for each fiscal year.
   (2) Requests for funding to acquire options to purchase real and
personal property for the state park system shall be submitted by the
department for inclusion in the Governor's Budget for each fiscal
year based upon its estimate of the amount needed for that purpose.
If an option to purchase real property for the state park system has
been acquired, the funding proposed by the department shall be the
appraised value of the property less the sum expended for the
purchase of the option. The expenditure of the moneys shall be
subject to the limitation specified in paragraph (1) of subdivision
(d) of Section 15853 of the Government Code unless otherwise provided
by the Legislature.
   (3) Requests for funding to acquire real property or any interest
in real property shall be submitted by the department for inclusion
in the Governor's Budget for each fiscal year. The projects shall
have been selected and appraised by the department pursuant to
subdivision (b) prior to inclusion. The Governor's Budget shall
contain a separate description of each project, or acquisition
program and its appraised value, or funding allocation.
   (e) The requirements imposed by subdivision (d) are in addition to
any other provisions of law requiring the inclusion of state park
system acquisition projects in the Governor's Budget.
   (f) The department shall not enter into any purchase agreements
for the acquisition of real property if the consideration to be paid
by the department is in excess of five hundred thousand dollars
($500,000), unless Section 5006.1 has been complied with.
   (g) Notwithstanding any other provision of law, all appraisals
conducted by the department pursuant to this section shall be
reviewed and approved by the Department of General Services or, at
the discretion of the Department of General Services, a competent
professional appraiser approved by the Department of General
Services. Real property shall be appraised and appraisal review
completed before commencement of purchasing negotiations. All
contracts related to the acquisition of real property shall be
reviewed and approved by the Department of General Services pursuant
to Section 11005 of the Government Code.

5006.1.  (a) (1) Prior to submitting a proposal pursuant to
subdivision (f) of Section 5006, for an appropriation for the
acquisition of real property in excess of five million dollars
($5,000,000) in value for any state park system project, the
department shall hold a public hearing within the county in which the
proposed project is located at which interested members of the
public may comment on the proposed project. Notice of the hearing
shall be published at least twice in a newspaper of general
circulation within that county.
   (2) (A) The department shall provide written notice of its intent
to acquire the real property to the city or county, or both, having
jurisdiction over the property, to the members of the Legislature who
are the chair and vice chair of the joint legislative budget
committee, the chair of the budget subcommittee in each house having
jurisdiction over resources, the chair in each house of the
appropriate legislative policy committee, and the legislators within
whose district the property proposed for acquisition is located, as
early as possible in the acquisition process, but not less than 90
days from the date of acquisition. Within 30 days of receiving
written notice of the proposed acquisition, a member of the city
council or board of supervisors of the respective city or county, or
a Member of the Legislature who has been notified pursuant to this
subparagraph, may request that the department hold a public hearing
regarding the acquisition of the property, if the acquisition is
between five hundred thousand dollars ($500,000) and five million
dollars ($5,000,000).
   (B) The written notice of intent shall describe any potential
impact that the acquisition may have on the department's efforts to
provide park and recreational opportunities.
   (b) With respect to real property in excess of five million
dollars ($5,000,000) that is not proposed to be acquired pursuant to
subdivision (f) of Section 5006, the department shall hold a public
hearing within the county in which the real property is located, at
which interested members of the public may comment on the proposed
acquisition. Notice of the hearing shall be published at least twice
in a newspaper of general circulation within the county. The
department shall provide written notice of its intent to acquire the
real property to the city or county, or both, having jurisdiction
over the property, as early as possible in the acquisition process.
   (c) This section does not apply to any real property to be
acquired by grant, gift, devise, or bequest.

5006.15.  The department may acquire real property by donation or
purchase that is subject to a conservation easement, deed
restriction, or other limitation, if the director determines that the
conservation easement, deed restriction, or other limitation is
consistent with and promotes the purposes for which the property is
to be acquired.

5006.2.  The Director of Parks and Recreation with the consent of
the Director of Finance may acquire by gift, purchase or condemnation
any interest, including options, in those properties known as Aptos
Forest, Santa Cruz County, more particularly described in that deed
from Agnes K. Marks, et al., to the Nature Conservancy, a nonprofit
corporation of District of Columbia, recorded August 3, 1962 in Book
1487, page 11, Official Records of Santa Cruz County, upon such terms
and conditions he may see fit for proper development, use and
control of the area as a state park.
   When such properties are so acquired, they shall be included in
the state park system under the exclusive control of the officers
administering the state park system, provided that the Director of
Parks and Recreation shall have no authority, under other provisions
of law except by permission of the Legislature, to grant, give, or
suffer easements, permits, leases, rights, or rights-of-way therein
other than those necessary for the orderly development, use, and
control of the park. Where under other provisions of law park
property may be taken by eminent domain, it shall not be deemed to
include any part or interest in the above-described property except
by specific permission of the Legislature.
   Because of the uniqueness of the proposed park and the very
generous gifts of the grantor in establishing this large state park
to be preserved for posterity and notwithstanding restrictions
hereinabove enumerated the Director of Parks and Recreation, with the
consent of the Director of Finance, may within the Hinkley Basin
Unit, some 2,500 acres, more or less, more particularly described as
those lands deeded by the Santa Cruz County Title Company, a
corporation, and Alzoe K. Marks, wife of Andrew P. Marks, to Agnes K.
Marks, Herman H. Marks, and Andrew P. Marks, recorded June 13, 1951,
Volume 827, page 66, in the Offical Records of the County of Santa
Cruz, lease to the grantor his heirs and assigns the right to explore
for, extract, and remove oil and gas and hydrocarbons including the
right to disturb the surface under such terms and conditions as he
may prescribe. He may with the consent of the Director of Finance
issue permits for access to any drill site as may be selected
including easements for power, telephone, water, and pipe lines which
are to be used exclusively by lessee in his exploration and
extraction for oil, gas, and hydrocarbons and by the State as suits
their needs for park purposes.

5006.25.  The Director of Parks and Recreation is authorized to
convey and grant to the County of Santa Cruz, for a site for a dam
and reservoir in Aptos Creek, that portion hereinafter described of
those properties known as Aptos Forest, Santa Cruz County, more
particularly described in that deed from Agnes K. Marks, et al., to
the State of California recorded November 14, 1963 in Book 1579, page
60, Official Records of Santa Cruz County and those properties known
as Timothy-Hopkins, Santa Cruz County, more particularly described
in that deed from Agnes K. Marks, et al., to the State of California
recorded November 14, 1963 in Book 1579, page 35, Official Records of
Santa Cruz County, upon such terms and conditions he may determine
are in the best interest of the state; provided, however, that there
be no restriction at the time of such conveyance and grant that the
properties described herein known as Aptos Forest and
Timothy-Hopkins, or any part thereof, which will cause a reversion of
such properties to the former owners or heirs.
   The property authorized to be conveyed or granted is described as
follows:
   Beginning at the intersection of the Mt. Diablo Meridian and the
Southerly line of Township 10 South as shown on the United States
Geological Survey Map (USGS) entitled "Laurel, California, 1955";
thence from the said point of beginning South 46* 00' East 1050 feet;
thence North 2* 30' East 4100 feet; thence North 35* 30' West 780
feet; thence North 89* 15' East 630 feet; thence North 24* 00' East
3530 feet; thence North 5* 00' West 800 feet; thence North 85* 00'
East 130 feet; thence South 24* 45' East 970 feet; thence North 79*
00' East 1540 feet; thence South 11* 00' East 400 feet; thence South
73* 00' West 1320 feet; thence South 23* 30' West 2750 feet; thence
South 86* 00' East 500 feet; thence South 31* 45' West 1175 feet;
thence South 57* 00' East 420 feet; thence South 33* 15' West 920
feet; thence South 38* 15' East 770 feet; thence South 36* 15' West
900 feet; thence South 14* 45' East 1340 feet; thence South 85* 15'
East 490 feet; thence South 35* 00' West 1610 feet to a point on the
Southerly Grant Boundary as shown on said map; thence along said
Grant Boundary North 72* 00' West 1600 feet thence leaving said Grant
Boundary North 31* 00' West 1620 feet; thence North 64* 00' East 380
feet; thence South 46* 00' East 270 feet to the point of beginning
containing approximately 306 acres of land.

5006.3.  The department shall acquire sites for wayside campgrounds
adjacent to the Westside Freeway, State Highway Route 5. The
following general vicinities shall be given first consideration:
   (a) Kern River.
   (b) South of Kettleman City.
   (c) Mercy Springs Road.
   (d) Orestimba Creek.
   (e) San Joaquin River near Mossdale.

5006.4.  (a) The department may acquire, on behalf of the state, a
fee or lesser interest in real and personal property located near
Hollister in San Benito County for the state park system. If the
property is leased, the lease shall be for such term and for such
consideration as is mutually agreed upon by and between the director
and the lessor, and with the rental to be paid by the department. Any
interest acquired pursuant to this section shall be subject to the
provisions of the Property Acquisition Law (Part 11 (commencing with
Section 15850) of Division 3 of Title 2 of the Government Code). With
respect to lands subject to the grantor's reservation of oil and gas
and mineral rights, the proviso contained in Section 5019 shall not
apply.
   (b) The department shall carry out a program in that unit of
development, maintenance, administration, and conservation of trails
and areas for the recreational use of off-highway vehicles and for
other related state park system purposes. Areas for the recreational
use of off-highway vehicles shall be administered pursuant to Chapter
1.25 (commencing with Section 5090.01).
   Any fees, rentals, or other returns collected by the department in
its administration of the unit shall be paid into the State Treasury
to the credit of the Off-Highway Vehicle Fund.

5006.41.  The department may enter into agreements with the
Department of Water Resources and the Department of Fish and Game to
plan, develop, and administer real and personal property located in
the vicinity of Oroville. The department shall carry out a program in
that unit of development, maintenance, administration, and
conservation of trails and areas for the recreational use of
off-highway vehicles. Areas for the recreational use of off-highway
vehicles shall be administered pursuant to Chapter 1.25 (commencing
with Section 5090.01).
   Any fees, rentals, or other returns collected by the department in
its administration of the unit shall be paid into the State Treasury
to the credit of the Off-Highway Vehicle Fund.

5006.42.  (a) On or before February 1, 2002, the director shall
establish the Cornfield State Park Advisory Committee, which shall be
responsible for assisting the department, in an advisory capacity,
to plan for interim and permanent land uses and facilities through
the general planning process for the Cornfield site. The director
shall terminate the advisory committee after the adoption of a
general plan for the state park.
   (b) The director shall convene and appoint the advisory committee.
The members of the committee shall be selected by the director, who
shall include, in the advisory committee, representatives from
entities, including, but not limited to, local, state, and federal
agencies, environmental, historic preservation, and cultural
organizations, museums, educational institutions and organizations,
individuals and private sector entities, and community-based
organizations, including Asian-Pacific Americans, Chinese Americans,
Latino community organizations, and other interested ethnic groups.
   (c) The department shall take all of the following actions with
respect to the development of a state park at the Cornfield site:
   (1) Coordinate the implementation of the Cornfield rail yards
project, considering recommendations for uses and development from
the advisory committee.
   (2) Survey statewide and community preferences in a range of park
services appropriate for urban state park settings, as assisted by
the advisory committee.
   (3) Seek input and cooperate with local, state, and federal
agencies, environmental, recreational, historic preservation and
cultural organizations, museums, educational institutions and
organizations, individuals and private sector entities, and
community-based organizations, as appropriate, that are interested in
the use or development of park and recreational facilities and
programs for public benefit at the state park proposed to be located
at the "Cornfield" rail yards, including the special needs of
children, youths, senior citizens, and persons with disabilities.
   (d) The advisory committee shall identify and recommend to the
director, not later than 12 months after the date of acquisition of a
fee title to the Cornfield site, priorities for long-range plans for
the site that meet the needs of Californians and the general public,
including park and recreational facilities and programs serving
residents within communities surrounding the Cornfield rail yards in
central Los Angeles.

5006.45.  (a) Notwithstanding any other provision of law, the
Director of General Services may acquire, on behalf of the state, a
fee or lesser interest in such real and personal property located in
the vicinity of Ocotillo Wells in San Diego County as is designated
in writing to the Director of General Services by the Director of
Parks and Recreation. If the property is leased, the lease shall be
for such term and for such consideration as is mutually agreed upon
by and between the Director of General Services and the lessor, and
with the rental to be paid by the Department of Parks and Recreation.
   (b) Prior to making any acquisition:
   (1) The Director of Parks and Recreation shall recommend to the
State Park and Recreation Commission his designation of lands
presently owned by the department to be included in the vehicular
recreation area provided in subdivision (d), and no acquisition may
be made unless and until the commission has concurred in that
designation.
   (2) The director shall conduct at least one public hearing in San
Diego County regarding the designation of lands presently owned by
the department to be included in the vehicular recreation area. The
director shall consider and be guided by testimony presented at the
hearing.
   (c) Any interest acquired pursuant to this section shall be
subject to the provisions of the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code). The proviso in Section 5019 shall not apply to any
property acquired pursuant to this section that is subject to a
reservation of oil and mineral rights if the Director of Parks and
Recreation finds that the proposed prospecting or extraction of oil
and minerals will not unreasonably interfere with the use of the
property or adjoining property for recreation and if the grantor or
lessor of the surface of the property, if other than the state or the
holder of such a reservation, consents to the proposed prospecting
or extraction.
   (d) Upon acquisition of the interest, the Director of General
Services shall forthwith transfer the interest to the jurisdiction of
the department, which shall administer the property as a unit of the
state park system. The department shall carry out a program in that
unit of development, maintenance, administration, and conservation of
trails and areas for the recreational use of off-highway vehicles
and for other related state park system purposes. Areas for the
recreational use of off-highway vehicles shall be administered
pursuant to Chapter 1.25 (commencing with Section 5090.01).
   (e) Any fees, rentals, or other returns collected by the
department in its administration of the unit shall be paid into the
State Treasury to the credit of the Off-Highway Vehicle Fund.
   (f) The Director of Parks and Recreation shall review, and report
annually to the State Park and Recreation Commission regarding, the
development, maintenance, administration, and public usage of the
vehicular recreation area and its success, effects on the
environment, and appropriateness as a unit of the state park system.

5006.47.  (a) Notwithstanding any other provision of law, the
Director of General Services may acquire, on behalf of the state, a
fee or lesser right or interest in such real and personal property in
the Counties of Los Angeles and Ventura located in the vicinity of
Gorman and commonly known as Hungry Valley as is designated in
writing by the Director of Parks and Recreation to the Director of
General Services. If the property is leased, the lease shall be for
such term and for such consideration as is mutually agreed upon by
and between the Director of General Services and the lessor, and
consented to by the Director of Parks and Recreation, and with rent
to be paid by the Department of Parks and Recreation.
   (b) Any interest in property acquired pursuant to this section
shall be subject to the provisions of the Property Acquisition Law
(Part 11 (commencing with Section 15850) of Division 3 of Title 2 of
the Government Code). The proviso in Section 5019 shall not apply to
any property acquired pursuant to this section that is subject to a
reservation of oil and mineral rights if the Director of Parks and
Recreation finds that the proposed prospecting or extraction of oil
and minerals will not unreasonably interfere with the use of the
property or adjoining property for recreation and if the grantor or
lessor of the surface of the property, if other than the state or the
holder of such a reservation, consents to the proposed prospecting
or extraction.
   (c) Upon acquisition of the property, the Director of General
Services shall transfer jurisdiction over the property to the
Department of Parks and Recreation, which shall administer the
property as a unit of the state park system. The 51st District
Agricultural Association may propose a name for the unit. The
department shall carry out a program in that unit of planning,
development, construction, maintenance, administration, and
conservation of trails and areas for the recreational use of
off-highway vehicles and for other related purposes of the state park
system. Areas for the recreational use of off-highway vehicles shall
be administered pursuant to Chapter 1.25 (commencing with Section
5090.01). The 51st District Agricultural Association may use the land
and facilities within the unit for a fair oriented to off-highway
vehicles for not more than 10 days each year if the Director of Parks
and Recreation approves that use. The director may impose such terms
and conditions upon such use as the director deems necessary and
proper. The dates of that use shall be selected each year prior to
January 1 and shall be subject to the approval of the Director of
Parks and Recreation.
   (d) If the Director of General Services determines that it is
necessary, in order to purchase the property, to offer to the person
from whom it is being purchased an option to lease back all or part
of the property, the director may make such an offer if the Director
of Parks and Recreation determines at the time of the purchase that
the property is not then needed for the purposes of the state park
system and will not be needed for the term of the lease thus offered.
At any time after the option expires, the Director of General
Services may offer, under competitive bidding procedures, all or part
of the property for lease if the Director of Parks and Recreation
determines at that time it is not then needed for the purposes of the
state park system and will not be needed for the term of the lease
to be offered. Any lease entered into pursuant to this section shall
be subject to Section 15862 of the Government Code. Notwithstanding
the provisions of Section 15863 of the Government Code, all rent
accruing from any such lease after jurisdiction over the property is
transferred to the Department of Parks and Recreation pursuant to
subdivision (c) shall be paid into the State Treasury to the credit
of the Off-Highway Vehicle Fund and shall be available for
expenditure only for the purposes specified in subdivision (b) of
Section 5090.61.
   (e) Any fees or other returns collected by the department in its
administration of the unit shall be paid into the State Treasury to
the credit of the Off-Highway Vehicle Fund and shall be available for
expenditure only for the purposes specified in subdivision (b) of
Section 5090.61.

5006.48.  (a) Notwithstanding any other provision of law, the
Director of General Services may acquire, on behalf of the state, a
fee or lesser right or interest in real and personal property in the
Counties of Alameda and San Joaquin located approximately 10 miles
east of the City of Livermore and commonly known as the Carnegie
Cycle Park. If the property is leased, the lease shall be for the
term and for the consideration that is mutually agreed upon by and
between the Director of General Services and the lessor, and
consented to by the Director of Parks and Recreation, and with rent
to be paid by the Department of Parks and Recreation.
   (b) Any interest in property acquired pursuant to this section
shall be subject to the Property Acquisition Law (Part 11 (commencing
with Section 15850) of Division 3 of Title 2 of the Government
Code).
   (c) Upon acquisition of the property, the Director of General
Services shall transfer jurisdiction over the property to the
Department of Parks and Recreation, which shall administer the
property as a unit of the state park system. The Department of Parks
and Recreation shall carry out a program in that unit of planning,
development, construction, maintenance, administration, and
conservation of trails and areas for the recreational use of
off-highway vehicles and for other related purposes of the state park
system. Areas for the recreational use of off-highway vehicles shall
be administered pursuant to Chapter 1.25 (commencing with Section
5090.01).
   (d) The Director of General Services may offer, under competitive
bidding procedures, all or part of the property for lease if the
Director of Parks and Recreation determines at that time it is not
then needed for the purposes of the state park system and will not be
needed for the term of the lease to be offered. Any lease entered
into pursuant to this section shall be subject to Section 15862 of
the Government Code. Notwithstanding Section 15863 of the Government
Code, all rent accruing from that lease after jurisdiction over the
property is transferred to the Department of Parks and Recreation
pursuant to subdivision (c) shall be paid into the State Treasury to
the credit of the Off-Highway Vehicle Fund and shall be available for
expenditure only for the purposes specified in subdivision (b) of
Section 5090.61.
   (e) Any fees or other returns collected by the Department of Parks
and Recreation in its administration of the unit referred to in
subdivision (c) shall be paid into the State Treasury to the credit
of the Off-Highway Vehicle Fund and shall be available for
expenditure only for the purposes specified in subdivision (b) of
Section 5090.61.

5006.49.  Notwithstanding any other provision of law, the California
State Mining and Mineral Museum located in the City of Mariposa,
including all assets, exhibits, and materials, shall be transferred
from the Department of Conservation to the Department of Parks and
Recreation for ownership and operation in accordance with the
Department of Parks and Recreation's rules, regulations, and
guidelines regarding ownership of state parks. All proceeds from the
operation of the museum shall accrue to the Department of Parks and
Recreation.

5006.5.  The department, with the consent of the Department of
General Services, may lease any interest in real or personal property
which the department deems necessary or proper for the extension,
improvement, or development of the state park system. No payment from
state money in excess of one thousand dollars ($1,000) a year shall
be made pursuant to any such lease unless and until money equal to or
exceeding one-half of the excess over one thousand dollars ($1,000)
shall have been made available for expenditure by the state for the
purpose by some person, corporation, public district, municipality or
political subdivision other than the state, or by the United States
or an agency thereof. No lease shall be executed under this section
until the department has first consulted with the planning commission
of the county in which the department proposes to lease lands for
park or recreational purposes. The provisions of this section shall
not apply when the Department of General Services leases land for the
use of the Department of Parks and Recreation under Section 14669 of
the Government Code.

5006.6.  The department, with the approval of the Administrator of
the Resources Agency and the Department of Finance, is authorized to
cooperate and participate with the federal government pursuant to
Public Law 89-161 in the development of recreation facilities, or
with the approval of the Department of Fish and Game, fish and
wildlife enhancement facilities, or both, at Auburn Dam and
Reservoir, Folsom Dam and Reservoir, Nimbus Dam and Lake Natomas, and
County Line Dam and Reservoir, and stream areas in the immediate
vicinity of these facilities.
   The department, with the approval of the Administrator of the
Resources Agency and the Department of Finance, is authorized to
administer unit land and water areas for recreation or fish and
wildlife enhancement, or both, and to contract with the federal
government for the operation, maintenance, and replacement of unit
facilities, to assume all costs of such operation, maintenance, and
replacement, and to accept transfer of unit lands or facilities by
lease or exchange upon such terms and conditions as will best promote
the development and operation of such lands or facilities in the
public interest for recreation or fish and wildlife enhancement
purposes, or both. Any such contract entered into by the department
which affects the operation, maintenance or replacement of fish and
wildlife enhancement features is subject to approval by the
Department of Fish and Game.
   The State of California, acting by and through the department,
with the approval of the Administrator of the Resources Agency and
the Department of Finance, is authorized to enter into a contract or
contracts with the federal government to pay or repay one-half of the
separable capital costs involved in the development of the
recreation or fish and wildlife enhancement features, or both, at the
Auburn Dam and Reservoir, Folsom Dam and Reservoir, Nimbus Dam and
Lake Natomas, and County Line Dam and Reservoir, and stream areas in
the immediate vicinity of these facilities, pursuant to the
provisions of Public Law 89-161. The agreement for the payment or
repayment of the separable capital costs shall be limited to those
recreation or fish and wildlife enhancement facilities, or both,
specified in the contract. Such payments or repayments may be made by
any or all of the following methods: by legislative appropriation;
by provision of lands, interests therein, or facilities for the unit;
or by a contract or contracts for repayment, with interest, within
50 years of first use of unit recreation or fish and wildlife
enhancement facilities specified in the contract or contracts. The
source of repayment may be limited to entrance and user fees or
charges collected at the unit by the department if such fees or
charges dedicated to repayment are established on a basis calculated
to achieve repayment and are made subject to review and renegotiation
at intervals of not more than five years. If the source of repayment
is so limited, revenues derived from such fees or charges shall be
deposited in a special account in the Special Deposit Fund in the
State Treasury and used for the purpose of such repayment. If not so
limited, the source of repayment shall be such appropriations of
funds as may from time to time be made for such purpose by the
Legislature.
   The department shall cooperate with any local public body
authorized to contract with the federal government pursuant to Public
Law 89-161, including, but not limited to, the Counties of El
Dorado, Placer, and Sacramento, in planning of any proposed
participation with the federal government. The state may contract
with any or all of such counties or other local public bodies for the
operation, maintenance, and replacement of unit facilities, or any
portion thereof, if requested by any or all such counties or other
local public bodies.

5006.7.  Pursuant to the provisions of Chapter 1.5 (commencing with
Section 5094) of this division, the Administrator of the Resources
Agency may indicate in writing the state's intent to agree to
administer the project land and water areas at the Marysville Dam and
Reservoir Project on the Yuba River for recreation or fish and
wildlife enhancement, or both of these purposes, as provided in
Public Law 89-72.

5007.1.  (a) Lands purchased or otherwise acquired by the department
at the Pan Pacific project, which are to be operated and maintained
by other public agencies under agreements entered into pursuant to
Section 5080.30, shall not be subject to Section 5002.1, 5002.2,
5002.3, or 5002.4, or Article 1.7 (commencing with Section 5019.50),
during the term of those agreements. Any facility to be developed on
those lands shall only be constructed in accordance with a
development plan approved by the director.
   (b) The Legislature hereby finds and declares that public use
facilities are being contemplated as one of the alternatives for the
Pan Pacific project in the aftermath of the recent fire, and that the
standard 20-year term authorized by law is insufficient to enable
any concessionaire to amortize the type and scale of improvements
that may be constructed. Accordingly, pursuant to subdivision (a) of
Section 5080.18, the term of any concession contract may be for a
period not to exceed 66 years if the contract provides that the rent
shall be reviewed and adjusted at least every 10 years, but not more
often than every five years, to reflect market rates and conditions
prevailing in the area in which the concession is located.

5007.2.  Notwithstanding any other provision of law, a contract for
services under the amount of fifty thousand dollars ($50,000) to
restore artifacts at the Hearst San Simeon State Historical Monument
is exempt from Part 2 (commencing with Section 10100) of the Public
Contract Code.

5007.3.  (a) In planning, developing, managing, and operating lands
acquired for the Citrus Heritage Park at Mockingbird Canyon, the
department and the State Park and Recreation Commission shall adhere
to the following requirements:
   (1) Vehicular and other public access shall be restricted to
Dufferin Avenue between Van Buren Boulevard and Jackson Street.
   (2) Interior roads, pathways, and attractions within the park
shall be located so as to minimize opportunities for trespass onto
adjoining nonpark properties, and fencing shall be installed in areas
subject to high visitor usage.
   (3) Lands within the park that are upstream of Mockingbird
Reservoir shall be managed as wildlife habitat and open space, and no
facilities for the use of the general public shall be constructed on
those lands.
   (4) A program of pest management shall be immediately undertaken
in citrus groves, as they are acquired by the state, to prevent the
spread of pests to nonstate property, and the citrus groves shall be
managed so as to preserve them in a healthy and productive state.
   (b) For the purposes of rationalizing the boundaries of the Citrus
Heritage Park, the City of Riverside shall offer for sale, at fair
market value, all of Parcel No. 238-050-003-5 to an adjoining
property owner. If no adjoining property owner purchases that parcel,
the city shall transfer title to that parcel to the state, as
provided in proviso (6) of Item 3790-301-721 of the Budget Act of
1982 (Chapter 326, Statutes 1982).

5007.4.  Consistent with the general plan for the unit, the
department may enter into an operating agreement, at no cost to the
state, with a qualified nonprofit organization for the California
Citrus State Historic Park for purposes to include, but not be
limited to, the following:
   (a) Managing and maintaining agricultural production.
   (b) Leasing individual groves for the purpose of managing and
maintaining agricultural production.
   (c) Selling citrus fruit and fruit products at the park.
   (d) Using the proceeds of those sales for financing facilities and
programs at the park.
   (e) Accepting and spending donations of money for facilities and
programs.

5007.5.  Notwithstanding any other provision of law, the department
shall have the right to remove and dispose of all floating logs,
timber, lumber, and other debris deposited on public beaches,
waterways or lands within the state park system, when such deposits
create a hazard or impediment to the public safety, enjoyment, and
use of the public beach, waterway or land.
   Logs, timber or lumber which are capable of being identified as
the property of another shall be held by the department for a period
of three months from the time of their removal from any public beach,
waterway or land.
   The owner of such property may remove it on payment or tendering
to the department the amount of the damages which the department has
sustained by reason of the drifting of the property upon the public
beaches, waterways or lands within the state park system and which
may accrue in removal of the property.
   If the property remains unclaimed after the three months period
the department may dispose of such logs, timber or lumber by
destruction, sale or use.

5008.  (a) The department shall protect the state park system and
the state vehicular recreation area and trail system from damage and
preserve the peace therein.
   (b) The director may designate any officer or employee of the
department as a peace officer. The primary duties of the peace
officer shall be the enforcement of this division, Sections 4442 and
4442.5, the rules and regulations of the department, Chapter 5
(commencing with Section 650) of Division 3 of the Harbors and
Navigation Code, the rules and regulations of the Department of
Boating and Waterways, Chapter 2 (commencing with Section 9850) of
Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with
Section 38000) of the Vehicle Code and to arrest persons for the
commission of public offenses within the property under its
jurisdiction. The authority and powers of the peace officer shall be
limited to those conferred by law upon peace officers listed in
Section 830.2 of the Penal Code.
   (c) The department shall protect property included in the
California recreational trail system and the property included in the
recreational trail system under Section 6 of Chapter 1234 of the
Statutes of 1980 from damage and preserve the peace therein. The
primary duties of any officer or employee designated a peace officer
under this section shall include enforcement of the rules and
regulations established by the department under subdivision (l) of
Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of
persons for the commission of public offenses within the property
included in the recreational trail system under Section 6 of Chapter
1234 of the Statutes of 1980.
   (d) Any person who violates the rules and regulations established
by the department is guilty of a misdemeanor and upon conviction
shall be punished by imprisonment in the county jail not exceeding 90
days, or by a fine not exceeding one thousand dollars ($1,000), or
by both that fine and imprisonment, except that at the time a
particular action is commenced, the judge may, considering the
recommendation of the prosecuting attorney, reduce the charged
offense from a misdemeanor to an infraction. Any person convicted of
the offense after such a reduction shall be punished by a fine of not
less than ten dollars ($10) nor more than one thousand dollars
($1,000).

5008.1.  (a) When it is determined by the director to be in the
public interest, and subject to the fees, rules, and regulations of
the department, visitors to units of the state park system may bring
animals into those units.
   (b) Any animal brought into a state park system unit pursuant to
subdivision (a) shall be under the immediate control of the visitor
or shall be confined, and under no circumstance shall the animal be
permitted to do any of the following:
   (1) Pose a threat to public safety and welfare.
   (2) Create a public nuisance.
   (3) Pose a threat to the natural or cultural resources of the unit
or to the improvements at the unit.
   (c) The department may require a person bringing an animal into a
state park system unit pursuant to subdivision (a) to provide proof
of appropriate immunizations and valid licenses.
   (d) This section does not apply to dogs used to lawfully pursue
game in season at units of the state park system where hunting is
allowed.

5008.2.  (a) Peace officers and other designated employees of the
department may capture any animal (1) which is not confined or under
the immediate control of a person visiting the unit, (2) which poses
a threat to public safety and welfare, to the natural or cultural
resources of the unit, or to the improvements at the unit, or (3)
which is a public nuisance.
   (b) Peace officers may dispatch any animal which poses an
immediate or continuing threat (1) to public safety and welfare or
(2) to wildlife at the unit.
   (c) Owners of animals with identification that have been captured
or dispatched pursuant to this section shall be notified within 72
hours after capture or dispatch.
   (d) This section does not apply to dogs used to lawfully pursue
game in season at units of the State Park System where hunting is
permitted.
   (e) The authority conferred by this section on peace officers or
designated employees of the department may only be exercised on or
about property owned, operated, controlled, or administered by the
department.

5008.4.  Moneys deposited in the State Parks and Recreation Fund
pursuant to Section 1463.02 of the Penal Code are available, when
appropriated by the Legislature, only for the following purposes:
   (a) The payment of refunds of fines and forfeitures determined by
the Controller to have been erroneously deposited in the fund.
   (b) The training of department employees in the Ranger/Lifeguard
classification, including, but not limited to, resource management
and protection, law enforcement, interpretation, first aid,
cardiopulmonary resuscitation and medical technical training, subject
to all of the following:
   (1) Reimbursement for training under the section shall not exceed
the reimbursement rates of the Commission on Peace Officer Standards
and Training, but reimbursements for salaries may be up to 100
percent of actual costs.
   (2) Reimbursements for salaries shall be allocated to the assigned
work locations of the employees receiving training to be used for
salary or overtime payments for rangers and lifeguards assigned to
those work locations.
   (3) Expenditures under this subdivision in any fiscal year shall
not exceed 90 percent of the moneys on deposit on June 30 of the
preceding fiscal year.

5008.5.  In any prosecution charging a violation within any unit of
the state park system of the rules and regulations of the department,
Section 655.2 or Chapter 5 (commencing with Section 650) of Division
3 of the Harbors and Navigation Code, or the rules and regulations
of the Department of Boating and Waterways, proof by the people of
the State of California that the vehicle or vessel described in the
complaint was parked or placed in violation of any provision of these
statutes or rules and regulations together with proof that the
defendant named in the complaint was, at the time of the parking or
placing, the registered owner of the vehicle or vessel, shall
constitute prima facie evidence that the registered owner of the
vehicle or vessel was the person who parked or placed the vehicle or
vessel at the point where, and for the time during which, the
violation occurred, but the proof that a person is the registered
owner of a vehicle or vessel is not prima facie evidence that the
person has violated any other provision of law. The above provisions
shall apply only when there has been compliance with the procedure
required by Article 3 (commencing with Section 40200) of Chapter 1 of
Division 17 of the Vehicle Code. Proof of a written lease of, or
rental agreement for, a particular vehicle or vessel described in the
complaint, on the date and time of the violation, which lease or
rental agreement includes the name and address of the person to whom
the vehicle or vessel is leased or rented, shall rebut the prima
facie evidence that the registered owner was the person who parked or
placed the vehicle at the time and place where the violation
occurred.
   Any charge under this section shall be dismissed when the person
charged has made a bona fide sale or transfer of the vehicle or
vessel and has delivered possession thereof to the purchaser and has
complied with the requirements of subdivision (a) or (b) of Section
5602 of the Vehicle Code or with Section 710 of the Harbors and
Navigation Code prior to the date of the alleged violation and has
advised the court of the name and address of the purchaser.

5008.6.  Notwithstanding any other provision of law, the judge
before whom any person is tried for a violation of any provision of
this code within the jurisdiction of the department, or regulation
adopted pursuant thereto, may, upon the conviction of the accused,
order the forfeiture of any device or apparatus which is designed to
and capable of injuring or killing any person or animal or capturing
any animal and which was used in committing the offense charged. The
department shall either sell or destroy any device or apparatus so
forfeited. The proceeds from all sales shall be paid into the State
Parks and Recreation Fund, segregated with the money deposited
pursuant to Section 5008.4, and available only for the purposes of
Section 5008.4. For purposes of this section, forfeiture of bail is a
conviction.

5008.7.  Every person convicted of a violation of any rule or
regulation adopted by the department pursuant to this division
prohibiting the leaving, depositing, dropping, or scattering of
bottles, broken glass, ashes, wastepaper, cans, or other rubbish in
any unit of the state park system shall be punished by a mandatory
fine of not less than one hundred dollars ($100) nor more than one
thousand dollars ($1,000) upon a first conviction, by a mandatory
fine of not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000) upon a second conviction, and by a
mandatory fine of not less than seven hundred fifty dollars ($750)
nor more than one thousand dollars ($1,000) upon a third or
subsequent conviction.
   The court may, in addition to the fine imposed upon a conviction,
require as a condition of probation, in addition to any other
condition of probation, that any person convicted of a violation of
this section pick up litter at a time and place within the
jurisdiction of the court for not less than eight hours.

5008.8.  After January 1, 1989, every peace officer authorized
pursuant to Section 5008, shall have satisfactorily completed, prior
to the date he or she is first designated a peace officer, the basic
training course established by the Commission on Peace Officer
Standards and Training.

5009.  The State park contingent fund is continued in existence. All
moneys collected or received from gifts or bequests, or from
municipal or county appropriations or donations for improvements or
additions to the State park system shall be deposited in the State
treasury to the credit of the contingent fund. All moneys so
deposited shall be used for the improvement or administration of
State parks, or the acquisition of additional lands and properties
for the State park system, in accordance with the terms of the gift,
bequest or municipal or county appropriation or donation from which
the moneys are derived.

5009.1.  (a) The department may enter into an agreement to accept
funds from any person, corporation or other business entity, or
organization for the maintenance or operation, on a nonprofit basis,
of a designated state park system unit or facility. Any funds so
received shall be deposited in a separate account in the State Park
Contingent Fund. The funds received shall supplement existing
resources for the purpose of enhancing the maintenance or operation
of the unit or facility, with priority given to preventing closure or
reduced hours of service to the public. The department and the
sponsoring person, entity, or organization shall specify in the
agreement the level of service which is to be performed.
   (b) The department may enter into an agreement to accept services
from any person, corporation or other business entity, or
organization for the cleanup, repair, or enhancement of any
designated state park system unit or facility. Under the direction of
the department, these services shall supplement existing staff
resources for the purpose of enhancing the maintenance and operation
of the unit or facility.
   (c) The director may authorize the erection of an appropriate sign
in recognition of the sponsorship, consistent with existing law and
with the rules and regulations of the department regarding signs in
units of the state park system.

5009.2.  (a) The department may enter into an agreement to accept
funds from any person, business entity, or organization for the
maintenance or operation of a state beach, any other unit of the
state park system that encompasses a beach, or any area or facility
of the state beach or other unit. Any funds so received shall be
deposited in a separate account in the State Park Contingent Fund.
The funds received shall supplement existing resources for the
purposes of enhancing the maintenance or operation of the state
beach, other unit of the state park system that encompasses a beach,
or area or facility of the state beach or other unit. The department
and the sponsoring person, business entity, or organization may
specify in the agreement the level of maintenance or operation that
will be performed.
   (b) The department may also enter into an agreement to accept
services from any person, business entity, or organization for the
operation, maintenance, or enhancement of a state beach, other unit
of the state park system that encompasses a beach, or area or
facility of the state beach or other unit, on a nonprofit basis.
Under the direction of the department, those services shall
supplement existing staff resources for the purposes of operation,
maintenance, or enhancement of the state beach, area, or facility.
   (c) The director may authorize the erection of an appropriate sign
in recognition of that sponsorship, in accordance with department
rules and regulations regarding signs in the state park system.
   (d) The activities authorized by this section shall be implemented
as part of the department's Adopt-A-Beach program.

5009.3.  Notwithstanding any other provision of law, the department
may enter into an agreement or agreements with private, nonprofit
public benefit corporations or other private entities, as may be
appropriate, to assist the department in its efforts to secure
long-term private funding sources for any and all units of the state
park system and to ensure that they are preserved and open for public
use and enjoyment. The authority to enter into those agreements
shall include, but not be limited to, securing donations,
memberships, corporate and individual sponsorships, and marketing and
licensing agreements.

5010.  (a) The department may collect fees, rents, and other returns
for the use of any state park system area, the amounts to be
determined by the department. The department may accept a credit card
as a method of payment for fees collected through the department's
reservation system. Any contract executed by the department with
credit card issuers or draft purchasers shall be consistent with
Section 6159 of the Government Code. Notwithstanding Title 1.3
(commencing with Section 1747) of Part 4 of Division 3 of the Civil
Code, the department may impose a surcharge in an amount to cover the
cost of providing the reservation service, including reimbursement
for any fee or discount charged by the credit card issuer.
   (b) All revenues received by the department during each fiscal
year shall be paid into the State Treasury to the credit of the State
Parks and Recreation Fund, which is hereby created.
   (c) Notwithstanding subdivision (b), all revenues received by the
department from the state vehicular recreation areas shall be paid
into the State Treasury to the credit of the Off-Highway Vehicle
Trust Fund, as required by Section 38225 of the Vehicle Code.
   (d) All revenues received by the department for the entry or
launching of boats shall be paid into the State Treasury to the
credit of the State Parks and Recreation Fund and shall be used for
boating safety, enforcement, operation, and maintenance programs of
the department.
   (e) On July 1, 1980, all existing balances, including
unappropriated balances and encumbered and unencumbered balances, of
the following funds and accounts shall be transferred to the State
Parks and Recreation Fund:
   (1) Park and Recreation Revolving Account (Section 5098, Public
Resources Code, as added by Chapter 1222, Statutes of 1972).
   (2) The Resources Protection Account (Section 8600, Public
Resources Code, as added by Chapter 1052, Statutes of 1969).
   (3) Collier Park Preservation Fund (Section 5010, Public Resources
Code, as added by Chapter 1502, Statutes of 1974).
   (4) San Francisco Maritime State Historic Park Account (Section 2,
Chapter 1764, Statutes of 1971).
   (5) State Park Highway Account, Bagley Conservation Fund (Section
2107.7, Streets and Highways Code, as added by Chapter 1032, Statutes
of 1973).
   (6) All funds received by the department pursuant to Division 21
(commencing with Section 31000).
   (7) Hostel Facilities Use Fees Account (Section 2, Chapter 265,
Statutes of 1974).
   (8) All funds, other than expended funds, previously appropriated
to the department from the Bagley Conservation Fund.
   (f) On and after July 1, 1980, all funds, other than those
specified in subdivisions (g) and (h), in the State Parks and
Recreation Fund shall be available for expenditure for state park
planning, acquisition, and development projects, operation of the
state park system, and resource and property management and
protection, when appropriated by the Legislature.
   (g) All funds in the State Parks and Recreation Fund which had
previously been appropriated and have become encumbered, may be used,
without further appropriation, for liquidation of those
encumbrances, upon the same terms and conditions as made by those
previous appropriations.
   (h) The balance of any unencumbered funds in the State Park
Highway Account in the Bagley Conservation Fund shall be transferred
to the State Parks and Recreation Fund and shall be available for
expenditure as provided in subdivisions (b) and (c) of Section 2107.7
of the Streets and Highways Code.
   (i) All funds received by the Department of Parks and Recreation
from the auction sales conducted pursuant to Section 2080.6 of the
Civil Code shall be paid into the State Treasury to the credit of the
State Parks and Recreation Fund and shall be used for training
department employees in the Ranger/Lifeguard classification,
including, but not limited to, resource management and protection,
law enforcement, interpretation, first aid, cardiopulmonary
resuscitation, and medical technical training.

5010.1.  (a) All fees, rents, and other returns for the use of any
state park system area are the property of the state or the public
agency operating a state park system area pursuant to an agreement
entered into pursuant to Article 2 (commencing with Section 5080.30)
of Chapter 1.2. However, whenever significant savings can be achieved
by the department or the operating public agency, the department or
the public agency may enter into a contract with a concessionaire,
lessee, or other natural person, corporation, partnership, or
association for the collection of fees, rents, or other returns on
behalf of the state or the public agency. The contract may provide
for the retention of a portion of any fee, rent, or other return as
reimbursement for the cost of collection.
   (b) Whenever significant savings can be achieved, the department
may enter into a contract with any natural person, corporation,
partnership, or association for the operation of a reservation system
for the state park system and for the collection of state park fees
in connection therewith. The contract may provide for the retention
of a portion of every fee or the imposition of a surcharge as
reimbursement for the cost of providing that service.

5010.2.  The department shall not collect from any group of pupils
in kindergarten or grades 1 to 12, inclusive, or their escorts,
including, but not limited to, teachers, other supervisory personnel,
and busdrivers, any fee, rental or other return for the use of any
unit in the state park system, except Hearst San Simeon State
Historic Monument, which would otherwise be collectible pursuant to
Section 5010, when the group is visiting the area pursuant to a
school outing or field trip under the direction of school personnel
and has made prior arrangements with the department either through
reservation or contact with the department's historical unit manager.
   This section shall apply to both public and private schools
located in the state.
   It is the intent of the Legislature that this section applies to
the day use of units in the state park system unless the Director of
Parks and Recreation authorizes overnight camping by those groups
designated in this section.

5010.5.  The director may authorize the refund of moneys received or
collected by himself or by the department illegally, or by mistake,
inadvertence, or error. Claims authorized by the director shall be
filed with the State Controller and the Controller shall draw his
warrant against the General Fund in payment of such refund from any
appropriation made for that purpose.

5011.  Any person receiving aid to the aged, blind, or disabled
under Chapter 3 (commencing with Section 12000) of Part 3 of Division
9 of the Welfare and Institutions Code, any person receiving aid to
families with dependent children under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or any person over 62 years of age whose total
monthly income from all sources, including any old age assistance
payments, does not exceed the amount specified in subdivision (c) of
Section 12200 of the Welfare and Institutions Code for a single
person, or in subdivision (d) of that section for married persons, as
adjusted pursuant to Section 12201 of that code, upon application
therefor and payment of ($5) to the Department of Parks and
Recreation, shall be issued a "Golden Bear Pass" which is valid for
the specified year and which entitles the bearer and spouse to free
use on any day of the day-use facilities in units of the state park
system, except Hearst San Simeon State Historical Monument, Sutter's
Fort State Historic Park, and the California State Railroad Museum,
under limitations as may be determined by departmental regulation
regarding peak hours and contractual arrangements with vendors. The
pass shall entitle the bearer and spouse to have access only to
day-use facilities and not to the use of any other facilities.
   The department shall not grant half price privileges or offer any
discount for the use of state park system facilities on the basis of
the pass authorized by this section.
   Notwithstanding the preceding paragraph, the department shall
develop and implement, on or before January 1, 1986, a senior
discount program for the use of state park system facilities. The
program may be modified after January 1, 1991, to include a "Golden
Bear Senior Pass" available to any person over 62 years of age for an
annual fee fixed by the department, valid for the specified year,
and entitling the bearer and spouse to the use of day and camping
facilities as specified by the department. The department shall set
the fee for the "Golden Bear Senior Pass" and shall specify the
facilities and times for which the pass is valid so as to minimize
any loss in total annual park revenues to the department.

5011.5.  (a) A veteran of a war in which the United States has been,
or may be engaged, who is a resident of this state, upon
presentation to the department of proof of disability, proof of being
held captive as a prisoner of war, or proof of being a recipient of
a Congressional Medal of Honor, and proof of an honorable discharge
from service, upon application therefor, shall be issued a pass
entitling the bearer to the use of all facilities, including boat
launching facilities, in units of the state park system.
   (b) As used in this section:
   (1) "Veteran" means a former member of the Armed Forces of the
United States who has a 50 percent or greater service-connected
disability, or who was held as a prisoner of war by forces hostile to
the United States, as certified by the United States Department of
Veterans Affairs, and who was honorably discharged from service.
   (2) "War" means that period of time commencing when Congress
declares war or when the Armed Forces of the United States are
engaged in active military operations against a foreign power,
whether or not war has been formally declared, and ending upon the
termination of hostilities as proclaimed by the President of the
United States.

5011.7.  (a) The Legislature finds and declares that the use of
conservation easements can assist the department in protecting the
natural resources of the state park system and prevent incompatible
uses on property at a low cost, while maintaining land in private
ownership and productive use.
   (b) For the purposes of this section, the following terms have the
following meaning:
   (1) "Conservation easement" means a limitation in a recorded
instrument that contains an easement, restriction, covenant,
condition, or offer to dedicate, that has been executed by or on
behalf of the owner of the land subject to that limitation and is
binding upon successive owners of the land, and the purpose of which
is to retain land predominantly in its natural, scenic, historical,
agricultural, forested, or open-space condition. "Conservation
easement" includes a conservation easement as defined in Section
815.1 of the Civil Code, an open-space easement as defined in Section
51075 of the Government Code, and an agricultural conservation
easement as defined in Section 10211.
   (2) "Local government" means a city, county, or district.
   (3) "Nonprofit land trust organization" means a nonprofit
organization described in Section 501(c)(3) of the Internal Revenue
Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under
Section 501(a) of that code (26 U.S.C. Sec. 501(a)), and that has
among its purposes the conservation of natural or cultural resources.
   (c) The department may acquire a conservation easement on real
property, pursuant to the requirements of Section 5006, if the
department determines that the conservation easement is necessary to
protect a unit of the state park system from an incompatible use or
to preserve and enhance the natural resource, cultural, or historic
value of the unit of the state park system.
   (d) (1) For the purposes of this section, the department may make
grants to a state or local government agency or a nonprofit land
trust organization to purchase and hold a conservation easement,
using funds appropriated to the department through the annual Budget
Act that have been authorized for encumbrance for either capital
outlay or local assistance.
   (2) The director shall not disburse grant funds to a state or
local government agency or a nonprofit land trust organization to
purchase and hold the easement until the grantee agrees that the
easement acquired will be used only for the purpose for which the
grant was requested.
   (3) The director shall find that the disposition of the easement
is consistent with, and in furtherance of, the purposes of this
division and that the holder of the easement is qualified to monitor
and enforce the easement.
   (4) If the state or local government agency or nonprofit land
trust organization holding the easement is dissolved, the easement
shall be transferred to a state or local government agency or
nonprofit land trust organization that is qualified to monitor and
enforce the easement. The transfer of the easement shall go into
effect after a subsequently recorded document reflecting that
transfer is recorded.
   (5) The easement or its terms may be amended with the consent of
the property owner and the state or local government agency or
nonprofit land trust organization holding the easement and upon
approval by the department if the department determines that the
amendment is consistent with this section. An amendment to the
conservation easement shall go into effect once a subsequently
recorded document setting forth the amendment is recorded.
   (6) The director shall not disburse any grant funds unless the
recipient agrees to restrict the use of the land in perpetuity.
   (e) On or before July 1, 2009, the department shall adopt written
policies regarding conservation easement purchases. At a minimum,
these policies shall include procedures to monitor and enforce the
provisions of the conservation easement. The policies shall be made
available on the department's Internet Web site.

5012.  The department may, upon application by the proper
authorities, grant permits and easements for the following purposes
and upon such terms as the department may prescribe:
   (a) To a public agency for public roads.
   (b) To a public agency for utility lines.
   (c) For electric, gas, water, sewer, telephone, telegraph and
utility lines, and pipelines and structures incidental thereto, to
perform a public service or oil or gas pipelines.
   (d) To a public agency for channels or facilities for the
development of small craft harbors and recreational areas.
   (e) To any oil and gas lessee of the State for pipeline right of
way purposes.
   No permit, easement, or right of way for oil or gas pipelines
shall be granted pursuant to this section as to any land acquired by
the State for beach or park purposes by condemnation after September
18, 1959, unless and until a period of 12 calendar months has elapsed
following the date of acquisition of such land.

5012.1.  In any lease, easement, right-of-way, license, or permit
entered into whereby the department leases real property, obtains a
license, permit, or a grant of easement or right-of-way to enter upon
the property, the department may agree to indemnify and hold
harmless the grantor, lessor, licensor, or permittor by reason of the
uses or entry authorized by such lease, easement, right-of-way,
license, or permit, and may agree to pay for any damages caused by
such authorized use or entry. Insurance may be purchased by the
Department of General Services, upon request of the department, to
protect the department against loss or expense arising out of such a
lease, license, permit, easement or right-of-way.

5012.2.  (a) Notwithstanding any other provision of law, subsequent
to the creation of an easement for a roadway connecting to Mulholland
Drive through the Mulholland Scenic Corridor and Topanga State Park
or other state-owned parkland, the department may impose conditions
and restrictions on the development of the roadway thereon and upon
contiguous portions of Mulholland Drive if the director finds that
geologic or other circumstances exist which cause or may cause
substantial damage to state-owned park resources.
   (b) Notwithstanding any other provision of law, these conditions
and restrictions, including the imposition of, and compliance with,
these conditions and restrictions, shall not constitute a new project
or otherwise affect the validity of recorded tract maps or other
entitlements, shall supersede, preempt, and replace any conditions,
restrictions, or other requirements imposed on, or in connection with
those tract maps and other entitlements to the extent inconsistent
with these conditions and restrictions, and shall not in any way
jeopardize previously approved projects or cause a reopening of a
previously completed environmental review process. This subdivision
shall not be of any legal effect, for the purpose of superseding and
preempting any locally imposed conditions, unless the owner of the
property subject to locally imposed conditions shall pay the amount
of the estimated cost savings as a result of superseding the locally
imposed conditions to the Los Angeles County Transportation
Commission for traffic mitigation within the San Fernando Valley
Statistical Area, as defined in Section 11093 of the Government Code,
on or before December 31, 1991.

5013.  The department may acquire, purchase, and obtain objects of
historical interest, and it may purchase sites for and establish and
maintain museums for such objects.

5014.  The Director of Parks and Recreation shall convey to the
Hussey Ranch Corporation, upon such terms and conditions as he
determines are in the best interests of the State, all of the right,
title, and interest of the State of California in and to the
right-of-way for a term of 100 years from September 11, 1905,
acquired by the State by deed dated June 1, 1943, recorded in Book 61
of Deeds, page 147, Records of Del Norte County, California, and
described in a conveyance by Frank Hussey to the Del Norte Company, a
corporation, by deed dated September 11, 1905, recorded in Book B of
Agreements, page 156, Records of Del Norte County, California, to be
"* * * a right of way 30 feet in width on the lands of said Hussey
bordering the edge of the timber sold by said Hussey to said Del
Norte Company * * * solely for the purpose of removing the logs and
other timber from the tract of land belonging to the said Del Norte
Company and such other lands adjoining as it may hereafter acquire
and for the purpose of doing such other things as may be necessary or
convenient in the removing of said timber of various sorts and
shapes."

5015.  (a) In recognition of the late Robert H. Meyer's many
contributions to the growth and improvement of the state park system,
the El Matador, El Pescador, and La Piedra State Beaches are hereby
designated and shall be known collectively as the Robert H. Meyer
Memorial State Beaches.
   (b) Not later than January 15, 1984, the department shall erect
appropriate signs at, and in the vicinity of, the state beaches to
reflect the designation made by this section. Thereafter, the
department shall cause all directories and other publications
concerning the state park system to reflect that designation as the
publications are periodically revised.

5015.5.  The Baldwin Hills State Recreation Area is hereby
designated and shall be known as the Kenneth Hahn State Recreation
Area.
   The department shall erect appropriate signs to reflect the
designation made by this section and shall cause all directories and
other publications concerning the state park system to reflect the
designation as the publications are periodically revised.

5015.6.  In recognition of the late Ed Z'berg's many contributions
to the growth and improvement of the state park system, Sugar Pine
Point State Park is hereby designated and shall be known as the Ed Z'
berg Sugar Pine Point State Park.

5016.  In order to eliminate or acquire privately owned lands
situated within the exterior boundaries of the Anza-Borrego Desert
State Park, the department is authorized to exchange for such lands
other lands of approximately equal value which have been or may
hereafter be patented to the state for park purposes by the federal
government. In making the exchanges the department may comply with
all rules prescribed by the Secretary of the Interior relating
thereto.

5016.1.  In order to exchange certain lands patented to the State of
California for park purposes situated outside and within 10 miles of
the exterior boundaries of the Anza-Borrego Desert State Park for
the purpose of acquisition of other public domain lands needed for
park purposes still within these boundaries as well as elsewhere in
the state, the department is authorized to exchange such lands for
lands of approximate equal value which may be made available for park
purposes by the federal government. In making the exchanges the
department may comply with all rules prescribed by the Secretary of
Interior relating thereto.

5018.  Whenever, after the receipt of a report submitted pursuant to
Section 5017 with respect to a state beach or park or recreational
area, the Legislature appropriates money for the acquisition,
development, or construction of such state beach or park or
recreational area, the department shall forthwith commence with such
acquisition, development, or construction.

5018.1.  (a) Notwithstanding any other provision of law, the
Department of Finance may delegate to the department the right to
exercise the same authority granted to the Division of the State
Architect and the Real Estate Services Division in the Department of
General Services, to plan, design, construct, and administer
contracts and professional services for legislatively approved
capital outlay projects.
   (b) Any right afforded to the department pursuant to subdivision
(a) to exercise project planning, design, construction, and
administration of contracts and professional services may be revoked,
in whole or in part, by the Department of Finance at any time prior
to January 1, 2014.
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

5019.  When property is deeded to the State for park or beach
purposes, oil and mineral rights in such property may be reserved in
such deeds by the grantor; provided, that any prospecting or
extracting of oil and minerals shall in no manner disturb the surface
of such property or any improvements placed in or upon the property
in pursuit of its use for recreation.

5019.5.  Before any park or recreational area developmental plan is
made, the department shall cause to be made a land carrying capacity
survey of the proposed park or recreational area, including in such
survey such factors as soil, moisture, and natural cover.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.