2009 California Public Resources Code - Section 5097-5097.6 :: Chapter 1.7. Archaeological, Paleontological, And Historical Sites

5097.  As used in this chapter, "state lands" means lands owned by,
or under the jurisdiction of, the state or any state agency. It does
not include lands owned by, or under the jurisdiction of a city,
county, or district, or fire trails under the jurisdiction of the
Division of Forestry in the Department of Conservation.

5097.1.  Prior to the commencement of construction of any major
public works project on any state lands, the state agency proposing
to construct the project, or on whose behalf the project is to be
constructed, may submit to the State Department of Parks and
Recreation general plans sufficient to indicate the nature of the
project, its location, and the excavations which will be undertaken
in connection with the project.

5097.2.  Upon receipt of plans for a proposed construction project
upon state lands, the department may conduct an archaeological site
survey on the affected state lands in order to determine whether the
lands may contain any historic or prehistoric ruins, burial grounds,
archaeological or vertebrate paleontological sites, including
fossilized footprints, inscriptions made by human agency, rock art,
or any other archaeological, paleontological or historical feature.
The department shall submit to the state agency, by or on whose
behalf the project is to be constructed, its recommendations
concerning the preservation, photographing, recording, or excavation
for, any archaeological, paleontological, or historical features
which may be located upon the lands.

5097.3.  The state agency, by or on whose behalf public works are to
be constructed on state lands, may undertake such surveys,
excavations, or other operations on the state lands as it determines
to be necessary to preserve or record any archaeological,
paleontological, or historical features, including rock art, which
may be located on the lands, after receiving the recommendations of
the department, or the state agency may contract with the department
to undertake those operations. The department may carry out the
operations.

5097.4.  No archaelogical program conducted by the Department of
Parks and Recreation shall impair, impede or delay any state
construction project.

5097.5.  (a) No person shall knowingly and willfully excavate upon,
or remove, destroy, injure, or deface, any historic or prehistoric
ruins, burial grounds, archaeological or vertebrate paleontological
site, including fossilized footprints, inscriptions made by human
agency, rock art, or any other archaeological, paleontological or
historical feature, situated on public lands, except with the express
permission of the public agency having jurisdiction over the lands.
Violation of this section is a misdemeanor.
   (b) As used in this section, "public lands" means lands owned by,
or under the jurisdiction of, the state, or any city, county,
district, authority, or public corporation, or any agency thereof.

5097.6.  Expenditures to carry out the purposes of this chapter
shall be made only pursuant to legislative appropriation for these
purposes or by contract with other state agencies.