Public Resources Code — Part 34 | PRC — United States — California law | Esheria

Public Resources Code

Part 34 of 41 · provisions 6,601–6,800

This act is named the Public Resources Code.

Jurisdiction
United States — California
Instrument
Code
Citation
PRC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
ASTM standards Article title CEQA exceptions CEQA guidelines CEQA mitigation Commercial solid waste recycling Confidentiality Conservation Diablo Canyon powerplant EV charging infrastructure Geodesy Greenhouse gas emissions LEED certification NEPA-linked projects Orthometric heights PACE PACE bonds PACE financing PACE program PACE program applications PACE program eligibility PACE reserve program PACE risk mitigation PET beverage containers +7,596 more

Statute overview

About this statute

The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

Read the provisions Ask with citations

Legal text

Provisions of Public Resources Code

Showing 200 of 8,095

  1. 5862.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    Designating property as a California natural landmark does not change ownership, require extra land-use action, or take away the owner’s rights without consent.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5862. (a) Designation of property by the director as a California natural landmark does not change the property’s ownership and does not dictate activity. (b) Designation as a California natural landmark does not require, mandate, or authorize, under state law, any further state or local planning, zoning, or other land-use action or decision. (c) An owner who agrees to have his or her property designated as a California natural landmark does not give up without his or her consent, under state law, any legal rights and privileges of ownership or use of the property. (d) The department does not gain a property interest in a California natural landmark by virtue of that designation. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  2. 5863.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    An owner can request landmark designation, but the process has consent, cost, and entry rules. The department must estimate costs and may require security; the owner must not unreasonably deny permission to enter the property.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5863. (a) Except as provided in Section 5872, a potential California natural landmark shall be identified only in the following manner: (1) An owner may request the department to designate his or her property as a California natural landmark. If the designation is proposed to apply to multiple properties, the proposal shall include the written consent of the owners of all included properties. (2) (A) Upon the owner initiating a request pursuant to paragraph (1), the department shall prepare an estimate of the cost of studies to determine whether the property qualifies as a California natural landmark; the department’s costs, including administrative and staffing costs, in determining whether to designate the property as a California natural landmark; and any other costs attributed to making those determinations. The department shall also prepare a list of scientists qualified to do any studies required to determine whether the property should be designated as a California natural landmark. The list shall include both scientists employed by the state and scientists not employed by the state. A qualified scientist shall be familiar with the natural region and its types of biological and geological features. (B) The revenues collected pursuant to this section shall be deposited in the Natural Landmarks Program Administration Fund, which is hereby created as a special fund in the State Treasury. The department may expend the moneys in the fund, upon appropriation by the Legislature, for the purpose of administering the California Natural Landmarks Program. (3) (A) An owner who initiates a request to designate his or her property as a California natural landmark is responsible for all costs of determining whether the property qualifies for that designation, as well as any costs of actual designation, including the costs of the department. (B) (i) If the owner accepts the estimate prepared pursuant to paragraph (2), and wishes to continue with the request for his or her property to be designated as a California natural landmark, he or she shall agree in writing to pay the costs estimated by the department pursuant to paragraph (2) and choose a scientist from the list prepared by the department pursuant to subparagraph (A) of paragraph (2) to do any required studies. The department may require the owner to post security for costs he or she has agreed in writing to pay pursuant to this section. (ii) The owner may at any time cancel his or her request for California natural landmark designation and any studies being conducted pursuant to that request, and is responsible only for costs incurred in pursuit of that designation prior to the cancellation. If the owner cancels his or her request for California natural landmark designation, or the designation is denied, information already submitted or developed at the expense of the owner shall be returned to him or her. (b) (1) The department, as well as any scientist performing studies required by the department to make a determination of whether to designate property as a California natural landmark, shall obtain the owner’s permission before entering the owner’s property for purposes of this chapter, except when the property is publicly owned and open to the public. The owner shall not unreasonably withhold permission. (2) The department may make a determination regarding the property, required by this chapter, using other information, including information that was previously gathered by other federal or California agencies or gained from other scientific studies. The department shall notify the owner if it makes a determination regarding his or her property from existing information that does not require the department to enter the owner’s property. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  3. 5864.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    The department must evaluate potential California natural landmarks using state significance criteria, and a chosen scientist and at least three peer reviewers must help complete and review the evaluation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5864. (a) The department shall use the state significance criteria in Section 5868 to evaluate the potential California natural landmark. The department shall evaluate the potential California natural landmark on a statewide and regional basis, and may compare similar areas that represent a particular type of feature located in the same natural region to identify examples that are among the most illustrative and have the most integrity. (b) The evaluation required by subdivision (a) shall be performed by the scientist chosen by the owner pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 5863. The scientist shall make a detailed description of the area, and assess its statewide and regional standing using the state significance criteria in Section 5868 and any additional information provided by the department. (c) At least three peer reviewers, who are scientists familiar with the biological or geological features of the area or natural region, shall review the evaluation completed pursuant to subdivision (b). The peer reviewers shall provide the department with information on the scientific merit and strength of supportive documentation in the evaluation. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  4. 5865.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    The department must decide whether a property appears to qualify as a California natural landmark, and it must notify the owner and other interested parties with specified information when required.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5865. (a) On the basis of the evaluation and the findings of the peer reviewers, made pursuant to Section 5864, the department shall determine either that the property does or does not appear to qualify for California natural landmark designation or that it requires additional information before a decision regarding the property’s designation as a California natural landmark can be made. (b) If the department determines that the property does not appear to qualify for California natural landmark designation, the department shall notify the owner in writing of that determination, including reasons therefor. (c) (1) If the department determines that the property meets the state significance criteria in Section 5868, the department shall notify the owner in writing of that determination. The department shall include in the notice, all of the following: (A) The procedures that the department follows in making its determination. (B) The effect of California natural landmark designation, as defined in Section 5861 and as described in Section 5862. (C) A copy of the evaluation made pursuant to subdivision (b) of Section 5864. (D) An opportunity for the owner to comment. (2) (A) The department shall also notify appropriate interested parties of the determination as the director deems appropriate, including all of the following: (i) The executive of both the city and county in which the property is located. (ii) The Governor. (iii) Members of the Legislature who represent the district in which the property is located. (B) The notice shall include both of the following: (i) The procedures that the department follows in making its determination. (ii) The effect of California natural landmark designation, as described in Section 5862. (3) Notification of and receipt of any comments pursuant to this section are the department’s responsibility, and the department shall not delegate that responsibility to a representative. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  5. 5866.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    The department must review the designation materials and decide whether the property meets the state significance criteria; if it does not, the department must notify the owner and certain interested parties in writing.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5866. (a) The department shall review all documentation related to designation of the property as a California natural landmark, including, but not limited to, the evaluation and peer review findings made pursuant to Section 5864 and comments received pursuant to Section 5865, to determine whether the property meets the state significance criteria in Section 5868. (b) If the department determines that the property does not meet the state significance criteria in Section 5868, the department shall notify the owner in writing, as well as interested parties notified pursuant to subparagraph (A) of paragraph (2) of subdivision (c) of Section 5865, that the property is no longer being considered for California natural landmark designation. (c) The director shall review the documentation specified in subdivision (a) that demonstrates that the property meets the state significance criteria in Section 5868. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  6. 5867.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    If the director finds the chapter’s requirements are met and the owner consents, the director must designate the property as a California natural landmark.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5867. (a) If the director determines that the requirements of this chapter are met for California natural landmark designation, including the consent of the owner to that designation, the director shall designate the property as a California natural landmark. (1) If the director designates the property as a California natural landmark, the department shall notify the owner, as well as interested parties notified pursuant to subparagraph (A) of paragraph (2) of subdivision (c) of Section 5865, of that designation. (2) The property shall be added to the California Registry of Natural Landmarks. (b) (1) If the owner of the property requests it, after the director designates the property as a California natural landmark, the department may provide the owner, at no cost to the owner, with a certificate, signed by the director, that recognizes the owner’s interest in protecting and managing the property in a manner that prevents the loss or deterioration of the values on which California natural landmark designation is based. (2) The department may also provide, at the cost of the owner, a plaque for display in or near the California natural landmark. Upon the owner’s request, and to the extent the department’s resources permit, the department may help arrange and participate in a presentation ceremony. After presentation of a plaque, the department retains ownership of the plaque. If the California natural landmark designation is rescinded, the department may reclaim the plaque. (3) By accepting a certificate or plaque, the owner does not give up any of the rights or privileges of ownership or use of the California natural landmark, and the department does not acquire any interest in the California natural landmark. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  7. 5868.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    The department must use the listed criteria to decide whether a property qualifies as one of state significance.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5868. Property may be considered for designation if its significant features are either of natural origin and remain largely wild and undisturbed, or have the salient characteristics of natural features, including function and appearance, but have been subject to human intervention or use. The department shall use the following criteria to evaluate whether a property is one of state significance: (a) Primary criteria for a specific type of natural feature is the main basis for selection of property as being of state significance. Primary criteria consist of both of the following: (1) Illustrative character, which requires the property to exhibit a combination of well-developed components that are recognized in the appropriate scientific literature as characteristic of a particular type of natural feature. Generally, the property should be unusually illustrative, rather than merely statistically representative. (2) Present conditions, which require that the integrity of the significant features of the property has been maintained, enhanced, or restored. (b) Secondary criteria may be used to supplement the comparison of two or more similar properties pursuant to the primary criteria specified in subdivision (a). Secondary criteria consist of all of the following: (1) Diversity, which requires property, in addition to its primary natural feature, to contain high quality examples of other biological or geological features or processes. (2) Rarity, which requires property, in addition to its primary natural feature, to contain rare geological or paleontological features or natural communities, or to provide high quality habitat for one or more rare, threatened, or endangered species. (3) Value for science and education, which requires the property to contain known or potential information as a result of its association with a significant scientific discovery, concept, or exceptionally extensive and long-term record of onsite research, with the result that the property offers unusual opportunity for public interpretation of the natural history of the state. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  8. 5869.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    This section lets the department change California natural landmark boundaries or information, but requires owner consultation and, for some changes, owner agreement or specific findings.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5869. (a) (1) The department may modify California natural landmark boundaries, or revise information about a California natural landmark, if it determines that modification or revision is necessary. Before considering a proposed modification or revision, the department shall consult with the affected owner. (2) (A) Federal, state, or local agencies, as well as other public and private organizations or individuals, may suggest to the department modifications of California natural landmark boundaries or revisions of information about a California natural landmark. (B) The department shall determine the validity of a suggestion made pursuant to subparagraph (A) by applying the state significance criteria in Section 5868 or by conducting additional studies. (b) Before the department expands the boundaries of a California natural landmark, it shall determine that one of the following apply: (1) There is better documentation of the extent of features of state significance. (2) There was professional error in the original designation of the California natural landmark. (3) The owner of the land included in the proposed expansion has requested that their property be included in the California natural landmark. (c) If the department determines that expansion of a California natural landmark’s boundaries is appropriate, the department shall use the designation process outlined in Sections 5864, 5865, and 5866 to expand the boundaries. All of the owners of the property into which the boundaries are expanded, as well as the owner of the previously designated property, are required to agree to the expansion. (d) Before the department reduces the boundaries of a California natural landmark, it shall determine that one of the following apply: (1) There has been loss of integrity of the natural features of the California natural landmark, but not to the extent that requires the rescission of the landmark designation. (2) There was professional error in the original designation of the California natural landmark. (3) A landowner has requested the reduction or rescission of designation. (e) If the department determines that reduction of a California natural landmark’s boundaries is appropriate, the department shall follow the designation rescission process specified in Section 5870. (f) (1) If the department determines, with the consent of the owner, that a change in the description of a California natural landmark’s values of state significance is appropriate, the department shall prepare the recommended changes. (2) The director shall review the information and based on that information may approve changes in the description of the California natural landmark’s values of state significance. (g) (1) The director may approve minor technical corrections to the boundaries of a California natural landmark, as well as other administrative changes in landmark documentation not covered in subdivisions (a) to (f), inclusive. (2) For purposes of paragraph (1), minor technical boundary corrections are those that involve a change in less than 5 percent of the total area of the California natural landmark, and to which the owner of the California natural landmark agrees. (3) The department shall notify the owner of a California natural landmark for which minor technical boundary corrections or other administrative changes in documentation are being considered. Based on the owner’s response to the notification, the department shall determine whether the proposed change is a minor technical correction to landmark documentation that can be made administratively. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  9. 5870.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    This section requires rescinding a California natural landmark designation when listed grounds are met, and it lets an owner request rescission and interested parties comment on it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5870. (a) The department shall rescind a California natural landmark designation if one or more of the following circumstances apply: (1) The owner of a California natural landmark requests the department to rescind that designation. (2) An error in professional judgment was made in such a manner that the site did not meet the criteria for state significance at the time it was designated. (3) The values that originally qualified the California natural landmark for designation have been significantly degraded, lost, or destroyed, as demonstrated by evidence provided to the director. (4) Applicable designation procedures were not followed because of prejudicial procedural error. (b) (1) An owner of a California natural landmark may initiate rescission of the designation by submitting to the director a request for rescission of designation, stating the reason therefor. Upon a determination that the request is complete, the designation shall either be rescinded pursuant to the procedures of this section or, if the landmark has other owners as well, its boundaries shall be amended pursuant to Section 5869 and this section to exclude the owner’s land. (2) Within 60 days of receiving a rescission request, the director shall notify the person who submitted the request of whether the department considers the documentation sufficient to consider rescission of California natural landmark designation, or whether the boundaries will be amended to exclude the owner’s land. (c) The department shall review the information outlining the grounds for rescission of California natural landmark status. When the department determines it is necessary, an onsite evaluation of the area may be made, using the procedure described in Sections 5863 and 5864. Based on all available information, the department shall determine whether the California natural landmark no longer merits that designation. (d) (1) If the department determines that a California natural landmark no longer merits that designation, the department shall notify the owner and interested parties specified in subparagraph (A) of paragraph (2) of subdivision (c) of Section 5865. (2) (A) The owner and other interested parties notified pursuant to paragraph (1) may comment within 60 days of the date of the notice. (B) The director shall consider all comments received pursuant to subdivision (A) in the review and decision to rescind California natural landmark designation. (e) The director shall review the information about a recommended rescission of the California natural landmark designation and determine whether the procedural requirements of this section have been met. If the director confirms that those requirements have been met and that one or more of the circumstances specified in subdivision (a) apply, he or she shall rescind the designation and remove the property from the California Registry of Natural Landmarks. Any property from which designation as a California natural landmark is rescinded because of prejudicial procedural error described in paragraph (4) of subdivision (a) continues to meet the criteria for state significance. (f) If a California natural landmark is removed from the California Registry of Natural Landmarks, the department shall notify in writing the owner of the landmark and interested parties specified in subparagraph (A) of paragraph (2) of subdivision (c) of Section 5865. The department may reclaim a California natural landmark plaque when a landmark is removed from the California Registry of Natural Landmarks. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  10. 5871.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    The department may make agreements to help run the California Natural Landmarks Program, may do educational and scientific outreach, and may limit sensitive information when disclosure could harm fragile resources. A designated landmark owner may share information about the property’s natural landmark status.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5871. (a) The department may enter into a contract or other type of agreement with another state agency, federal agency, local agency, private organization, owner, Native American tribal government, or other interested individual or group, to assist in administering the California Natural Landmarks Program. The contract or agreement may include, but is not limited to, provisions about identification, evaluation, or monitoring a California natural landmark. However, any contract or agreement shall not authorize an entity, other than the department, to administer the provisions of this act with respect to an individual natural landmark, without the consent of the owner of the property included within the landmark. (b) The department may conduct educational and scientific activities to disseminate information on California natural landmarks, the California Natural Landmarks Program, and benefits derived from systematic surveys of significant natural features, to the general public, interested local, state, and federal agencies, and private groups. The department may restrict information on ecologically or geologically fragile or sensitive areas, if release of that information may endanger or harm the sensitive resources. (c) The owner of a designated California natural landmark may disseminate information about the property’s status as a natural landmark in educational and other potential materials. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  11. 5872.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    The department may create streamlined and expedited procedures to designate property it owns as a California natural landmark.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5872. Notwithstanding any other provision of law, in order to facilitate the cost-effective use of the program with respect to interpretive activities for its own lands, the department may develop and adopt streamlined and expedited procedures for designating property that it owns as a California natural landmark. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  12. 5873.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

    Verify source ↗

    A California natural landmark designation is not treated as an environmental change or a project, and certain director or department actions on the designation are exempt from Division 13 review.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5873. (a) Designation of an area as a California natural landmark shall not constitute a change in the environment, as defined by Section 21060.5, and designation of an area as a California natural landmark is not a project pursuant to Division 13 (commencing with Section 21000). (b) An action by the director or the department pursuant to this chapter modifying or rescinding the designation of a California natural landmark shall be exempt from the requirements of Division 13 (commencing with Section 21000). (c) If the designation of an area as a natural landmark is referenced or referred to in a document prepared pursuant to Division 13 (commencing with Section 21000) for a project in or near a designated area, the designation shall not be considered part of the environment pursuant to Section 21060.5, or in evaluating the “significant effect on the environment” of that project pursuant to Section 21068. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  13. 5875.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 14. Southeast Los Angeles Cultural Center [5875 - 5877] ( Chapter 14 added by Stats. 2023, Ch. 45, Sec. 44. )

    Verify source ↗

    This section defines four terms used in the chapter: County, Cultural center, Panel, and SELA.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 14. Southeast Los Angeles Cultural Center [5875 - 5877] ( Chapter 14 added by Stats. 2023, Ch. 45, Sec. 44. ) ## 5875. For purposes of this chapter, the following definitions shall apply: (a) “County” means the County of Los Angeles. (b) “Cultural center” means the Southeast Los Angeles Cultural Center. (c) “Panel” means the Southeast Los Angeles Cultural Center Development Advisory Panel. (d) “SELA” means southeast Los Angeles. (Added by Stats. 2023, Ch. 45, Sec. 44. (AB 127) Effective July 10, 2023. Inoperative July 1, 2032, pursuant to Section 5877. Repealed as of January 1, 2033, pursuant to Section 5877.)
  14. 5876.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 14. Southeast Los Angeles Cultural Center [5875 - 5877] ( Chapter 14 added by Stats. 2023, Ch. 45, Sec. 44. )

    Verify source ↗

    This section creates an advisory panel for the Southeast Los Angeles Cultural Center and requires it to meet deadlines, give advice, develop plans, engage the community, and follow open meeting rules.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 14. Southeast Los Angeles Cultural Center [5875 - 5877] ( Chapter 14 added by Stats. 2023, Ch. 45, Sec. 44. ) ## 5876. (a) The Southeast Los Angeles Cultural Center Development Advisory Panel is hereby created to provide advice to the state and to the county in the development of the Southeast Los Angeles Cultural Center. The panel shall be convened by the department within 60 days of completion of appointments to the panel pursuant to subdivision (e). (b) It is the intent of the Legislature that the objectives of the panel include all of the following: (1) Advise the department, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the county on the logistics for completing construction and opening the cultural center to the SELA community by 2028. (2) Develop and recommend a vision for the cultural center that supports the existing SELA community, particularly SELA artists of all kinds, including the development of partnerships that support the cultural center. (3) On or before December 31, 2024, establish a work plan to set deadlines for completing the panel’s work as outlined in subdivision (c). (c) The duties and responsibilities of the panel shall include, but not be limited to, all of the following: (1) Advising on the design, ownership, operations, and governance of the cultural center. (2) By January 1, 2027, developing a recommended operations plan for the cultural center, which shall not include a commitment of ongoing state resources. The operations plan shall include, but not be limited to, both of the following elements: (A) A proposed operating model with a recommendation for an operator or operators of the cultural center. (B) An analysis of annual operational costs and needs, including potential staffing and maintenance costs. (3) Ongoing community engagement efforts for the cultural center’s development, including the following: (A) Community outreach. (B) Public convening. (C) Relations with local governments, state agencies, and tribal communities. (D) Relations with SELA artists and schools. (E) Promotion of the cultural center and its services. (4) Building partnerships with, and among, the state, the county, SELA community groups, SELA cities, and other local agencies, artists, arts organizations, schools, colleges, and universities, to create arts and cultural education and programming that serves the SELA community. (5) Promoting public accessibility and connectivity between the cultural center and its communities. (6) Identifying potential models for funding the construction and operation of the cultural center, including public and private partnerships. (d) The panel shall be chaired by the director and may be cochaired by the county supervisor representing the SELA region for the fourth supervisorial district, or by their designees. (e) The panel shall consist of nine other voting members if the county supervisor described in subdivision (d) elects to participate, or seven other voting members if the county supervisor does not elect to participate, who shall serve for two years and shall be eligible for reappointment, to pursue the objectives described in subdivision (b) as follows: (1) If the county supervisor described in subdivision (d) elects to participate in the panel, the county supervisor may appoint two members representing a county agency or the SELA community. (2) The Secretary of the Natural Resources Agency shall appoint seven members as follows: (A) One representative of the SELA community with experience in municipal parks, arts, or recreation programs. (B) Two representatives of SELA community artist nonprofit organizations. (C) One representative, 21 years of age or under, of SELA community youth. (D) One representative of a philanthropic nonprofit organization dedicated to promotion of the arts. (E) One representative of the Los Angeles Philharmonic Association. (F) One representative from the local tribal community. (f) It is the intent of the Legislature that the panel include persons, agencies, and organizations that may own or operate the cultural center’s activities upon its completion. Nothing in this section shall create a prohibited conflict of interest that would prevent a panel member who represents a government agency or nonprofit organization or their agency or nonprofit organization from owning, operating, or participating in the operation of the cultural center. (g) Nothing in this section shall be interpreted to interfere in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy’s work and legal duties to develop and construct the cultural center. (h) The state shall provide a per diem of one hundred dollars ($100) and reimbursement for necessary and actual travel expenses for attendance at panel meetings by nongovernmental panel members, in accordance with state reimbursement policies and rates. (i) The meetings of the panel shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (j) The cultural center shall not receive ongoing commitments of state resources for operation and maintenance. (Added by Stats. 2023, Ch. 45, Sec. 44. (AB 127) Effective July 10, 2023. Inoperative July 1, 2032, pursuant to Section 5877. Repealed as of January 1, 2033, pursuant to Section 5877.)
  15. 5877.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 14. Southeast Los Angeles Cultural Center [5875 - 5877] ( Chapter 14 added by Stats. 2023, Ch. 45, Sec. 44. )

    Verify source ↗

    This chapter becomes inoperative on July 1, 2032, and is repealed on January 1, 2033.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 14. Southeast Los Angeles Cultural Center [5875 - 5877] ( Chapter 14 added by Stats. 2023, Ch. 45, Sec. 44. ) ## 5877. This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed. (Added by Stats. 2023, Ch. 45, Sec. 44. (AB 127) Effective July 10, 2023. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Ch. 14, commencing with Section 5875.)
  16. 5900.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 1. General Provisions [5900 - 5903] ( Chapter 1 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This division may be cited as the California Wildlife, Coastal, and Park Land Conservation Act.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 1. General Provisions [5900 - 5903] ( Chapter 1 added June 7, 1988, by initiative Proposition 70. ) ## 5900. This division shall be known and may be cited as the California Wildlife, Coastal, and Park Land Conservation Act. (Added June 7, 1988, by initiative Proposition 70.)
  17. 5901.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 1. General Provisions [5900 - 5903] ( Chapter 1 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section states California’s public findings that parks, wildlife habitat, beaches, and open-space lands are important and should be preserved.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 1. General Provisions [5900 - 5903] ( Chapter 1 added June 7, 1988, by initiative Proposition 70. ) ## 5901. The people of California find and declare all of the following: (a) Parks, wildlife habitat, beaches, and open-space lands are vital to maintaining the quality of life in California. As the state’s population increases, it is of growing importance to provide parks and recreational opportunities to the residents of California. (b) Preservation of California’s unique natural heritage is in the interest of all Californians. (Added June 7, 1988, by initiative Proposition 70.)
  18. 5902.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 1. General Provisions [5900 - 5903] ( Chapter 1 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section defines key terms used in the division.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 1. General Provisions [5900 - 5903] ( Chapter 1 added June 7, 1988, by initiative Proposition 70. ) ## 5902. As used in this division, the following terms have the following meanings: (a) “Conservation easement” means an interest in real property as defined in Section 815.1 of the Civil Code. (b) “District” means any regional park or open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 and any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780) of Division 5. With respect to any community or unincorporated region which is not included within a regional park or open-space district or a recreation and park district and in which no city or county provides parks or recreational areas or facilities, “district” also means any other district which is authorized by statute to operate and manage parks or recreational areas or facilities, employs a full-time park and recreation director and offers year-round park and recreation services on lands and facilities owned by the district, and allocates a substantial portion of its annual operating budget to parks or recreation areas or facilities. (c) “Fund” means the California Wildlife, Coastal, and Park Land Conservation Fund of 1988 created pursuant to Section 5906. (d) “Historical resource” includes, but is not limited to, any building, structure, site areas, or place which is historically or archeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. (e) “Historical preservation project” means a project designed to preserve an historical resource which is either listed in the National Register of Historic Places or is registered as either a state historical landmark or point of historical interest pursuant to Section 5021. (f) “Local coastal program” means any program created under Section 30108.6. (g) “Natural lands” means an area of relatively undeveloped land which (1) has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be feasibly restored, to a near-natural condition, and which has outstanding wildlife, scenic, open-space, or park resources, or a combination thereof, or (2) meets the definition of open-space land in Section 65560 of the Government Code. (h) “Nonprofit organization” means any charitable organization described in Section 501(c)(3) of the federal Internal Revenue Code, which has among its primary purposes the conservation and preservation of wetlands or of lands predominantly in their natural, scenic, historical, agricultural, forested, or open-space condition. (i) “Park” means a tract of land with outstanding scenic, natural, open-space, or recreational values, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. (j) “Riparian habitat” means lands that contain habitat which grows close to and which depends upon soil moisture from a nearby freshwater source. (k) “Stewardship” means the development and implementation of major programs for the protection, rehabilitation, restoration, and enhancement of the basic natural systems and outstanding scenic features of the state park system. It does not mean the maintenance or alteration of facilities, developments, or any physical installations whose original purpose was not the protection of natural scenic resources. (l) “Wetlands” means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. (Added June 7, 1988, by initiative Proposition 70.)
  19. 5903.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 1. General Provisions [5900 - 5903] ( Chapter 1 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section defines “state grant” or “state grant moneys” for the State General Obligation Bond Law.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 1. General Provisions [5900 - 5903] ( Chapter 1 added June 7, 1988, by initiative Proposition 70. ) ## 5903. For the purposes of the State General Obligation Bond Law, “state grant” or “state grant moneys” means moneys received by the state from the sale of bonds authorized by law for the purposes of this division which are available for grants to counties, cities, cities and counties, districts, and nonprofit organizations. (Added June 7, 1988, by initiative Proposition 70.)
  20. 5905.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 2. California Wildlife, Coastal, and Park Land Conservation Program [5905 - 5907.5] ( Chapter 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The provision says wildlife, coastal, and park land conservation is in the public interest, and that state officials should implement this division as fully and quickly as their authority allows.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 2. California Wildlife, Coastal, and Park Land Conservation Program [5905 - 5907.5] ( Chapter 2 added June 7, 1988, by initiative Proposition 70. ) ## 5905. Wildlife, coastal, and park land conservation is in the public interest and is necessary to keep these lands in open-space, natural, and recreational uses, to provide clean air and water, to protect significant environmental and scenic values of wildlife and plant habitat, riparian and wetland areas, and other open-space lands, and to provide opportunities for the people of California to enjoy, appreciate, and visit natural environments and recreational areas. It is the intent of the People of California in enacting this division that it be carried out in the most expeditious manner possible, and that all state officials implement this division to the fullest extent of their authority. (Added June 7, 1988, by initiative Proposition 70.)
  21. 5906.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 2. California Wildlife, Coastal, and Park Land Conservation Program [5905 - 5907.5] ( Chapter 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section creates the California Wildlife, Coastal, and Park Land Conservation Fund of 1988.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 2. California Wildlife, Coastal, and Park Land Conservation Program [5905 - 5907.5] ( Chapter 2 added June 7, 1988, by initiative Proposition 70. ) ## 5906. The California Wildlife, Coastal, and Park Land Conservation Fund of 1988 is hereby created. (Added June 7, 1988, by initiative Proposition 70.)
  22. 5907.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 2. California Wildlife, Coastal, and Park Land Conservation Program [5905 - 5907.5] ( Chapter 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Money in the fund may be spent only for the listed purposes, subject to Section 5921 and the stated dollar caps.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 2. California Wildlife, Coastal, and Park Land Conservation Program [5905 - 5907.5] ( Chapter 2 added June 7, 1988, by initiative Proposition 70. ) ## 5907. All money deposited in the fund shall be available for expenditure, in accordance with Section 5921, for the purposes set forth below, in amounts not to exceed the following: (a) One hundred sixty-six million dollars ($166,000,000) to the Department of Parks and Recreation for grants to counties, cities, cities and counties, districts, and nonprofit organizations for acquisition, development, rehabilitation, or restoration of real property for parks, beaches, wildlife habitat, natural lands, recreation, or preservation of historical resources, including an amount not to exceed two million four hundred ninety thousand dollars ($2,490,000) for state administrative costs, in accordance with the following schedule: (1) One hundred twenty million dollars ($120,000,000) for grants to counties, cities, and districts on a per capita basis for the acquisition, development, rehabilitation, or restoration of real property for parks, beaches, wildlife habitat, natural lands, and recreation, except that each county is entitled to not less than one hundred thousand dollars ($100,000). (2) Twenty million dollars ($20,000,000) for expenditure by the Department of Parks and Recreation for the purpose of the Roberti-Z’berg-Harris Urban Open Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620) of Division 5 of the Public Resources Code). (3) Ten million dollars ($10,000,000) for competitive grants for park, beach, and recreational purposes to public agencies which provide significant park and recreational opportunities to the general public and are not eligible for grants pursuant to paragraph (1). (4) Eleven million dollars ($11,000,000) for competitive grants to public agencies and nonprofit organizations for acquisition, development, rehabilitation, or restoration of historical or archeological resources and for historical and archeological resources preservation projects and costs of planning and interpretation. Not less than one million dollars ($1,000,000) shall be used for archeological resources preservation purposes. (5) Five million dollars ($5,000,000) for competitive grants to public agencies and nonprofit organizations for acquisition and development of land and rights-of-way for bicycle, horse, hiking, and handicapped access trails. (b) Three hundred thirty-eight million seven hundred thousand dollars ($338,700,000) to the Department of Parks and Recreation for acquisition of parklands, wildlife habitat, coastal, and natural lands in California, and for grants to local agencies and nonprofit organizations, including an amount not to exceed five million eighty thousand five hundred dollars ($5,080,500) for state administrative costs, in accordance with the following schedule: (1) Ninety-eight million six hundred thousand dollars ($98,600,000) to the Department of Parks and Recreation for acquisition of real property in accordance with the following schedule: (A) Twelve million dollars ($12,000,000) for acquisition of land for the California Redwood State Parks, including, but not limited to, Big Basin Redwoods, Butano, Calaveras Big Trees, Forest of Nisene Marks, Hendy Woods, Humboldt Lagoons, Humboldt Redwoods, Jedediah Smith Redwoods, Portola, Prairie Creek Redwoods, Richardson Grove, and Sinkyone Wilderness State Parks; Benbow Lake State Recreation Area, Fort Ross State Historical Park, and Paul M. Dimmick State Wayside Campground; provided that each dollar up to at least ten million dollars ($10,000,000) from the funds to be spent pursuant to this subparagraph shall be matched with an equal amount in money or property from private gifts, city or county appropriations, or alternative sources other than the State of California. (B) Five million dollars ($5,000,000) for acquisition of land within and adjacent to Anza-Borrego Desert State Park. (C) Nineteen million dollars ($19,000,000) for acquisition of land in the Palm Canyon and Andreas Canyon region near Palm Springs for a park for the preservation of Indian heritage and of native palms. (D) Seven million dollars ($7,000,000) for acquisition of lands in accordance with the general plan for the Chino Hills State Park, including the lands north of Highway 142. (E) Ten million dollars ($10,000,000) for acquisition of land for additions to the Santa Susana Mountain Project to preserve historic and scenic sites, for hiking and equestrian trails, or for wildlife habitat and migration routes; provided that all acquisitions shall be located within the Rim of the Valley Corridor as defined in Section 33105.5 within the Simi Hills or Santa Susana Mountains in Los Angeles and Ventura Counties. (F) Two million dollars ($2,000,000) for acquisitions within and adjacent to Big Basin Redwoods State Park and Castle Rock State Park in the Santa Cruz Mountains. (G) Three million dollars ($3,000,000) for acquisition of lands in Santa Clara County within and adjacent to Henry Coe State Park and for lands in Stanislaus County within the park. (H) One million dollars ($1,000,000) for acquisition of natural lands for expansion of Pescadero Marsh Natural Preserve at Pescadero State Beach. (I) Twenty-five million dollars ($25,000,000) for acquisition of land for an East Bay Shoreline State Park in the Counties of Alameda or Contra Costa, or both, generally in accordance with the East Bay Shoreline feasibility study. (J) Four million dollars ($4,000,000) for acquisition of natural lands within and adjacent to Mt. Diablo State Park. (K) Four million dollars ($4,000,000) for implementation of the Frank’s Tract State Recreation Area General Plan with first priority given to the western portion, providing secondary wave protection benefits to adjacent islands. (L) One million six hundred thousand dollars ($1,600,000) for acquisition of wetlands in and adjacent to the Delta Meadows Project. (M) Two million dollars ($2,000,000) for acquisition of natural lands within and adjacent to Robert Louis Stevenson State Park. (N) One million dollars ($1,000,000) for expansion of Anderson Marsh State Historic Park. (O) Two million dollars ($2,000,000) for expansion of the South Yuba Project along the South Fork of the Yuba River to protect scenic vistas and riparian habitat and to provide for recreational trails. (2) Fifty-four million seven hundred thousand dollars ($54,700,000) for acquisition, development, rehabilitation, or restoration of real property in the state park system in accordance with the following schedule: (A) Four million seven hundred thousand dollars ($4,700,000) for acquisitions of real property inside the boundaries of existing projects or units or as additions to existing projects or units. (B) Fourteen million dollars ($14,000,000) for development, rehabilitation, or restoration of coastal resources, other than coastal resources in or on San Francisco Bay, in accordance with the following schedule: (i) Eight million dollars ($8,000,000) within San Diego County through Santa Barbara County. (ii) Four million dollars ($4,000,000) within San Luis Obispo County through the City and County of San Francisco. (iii) Two million dollars ($2,000,000) within Marin County through Del Norte County. (C) Three million dollars ($3,000,000) for development, rehabilitation, or restoration of resources in or on San Francisco Bay. (D) Eight million dollars ($8,000,000) for development, rehabilitation, or restoration of inland resources. (E) Two million dollars ($2,000,000) for development, rehabilitation, or restoration at lakes, reservoirs, and waterways, including the State Water Facilities, as defined in paragraphs (1) to (4), inclusive, of subdivision (d) of Section 12934 of the Water Code. (F) One million dollars ($1,000,000) for the repair of storm damage and construction to prevent future storm damage. (G) Three million dollars ($3,000,000) for planning, development, rehabilitation, restoration, or interpretive facilities in support of volunteer community action projects for the state park system. (H) Ten million dollars ($10,000,000) for the increased stewardship of the public investment in the protection of the most critical natural and scenic features of the existing state park system. (I) Five million dollars ($5,000,000) for rehabilitation and restoration of historical resources of the state park system. (J) Three million dollars ($3,000,000) for development and rehabilitation of trails within the state park system or connecting units of the state park system. (K) One million dollars ($1,000,000) for acquisition and development of trailheads for the Sno-Park program pursuant to Chapter 1.27 (commencing with Section 5091.01) of Division 5, including access to the Tahoe Rim Trail. (3) One hundred eighty-five million four hundred thousand dollars ($185,400,000) to the Department of Parks and Recreation for grants to local agencies in accordance with the following schedule: (A) Thirty million dollars ($30,000,000) for a grant to San Diego County in accordance with the following schedule: (i) Ten million dollars ($10,000,000) for acquisition of natural lands in the San Dieguito River Valley. (ii) Ten million dollars ($10,000,000) for acquisition of natural lands in the Tijuana River Valley. (iii) Ten million dollars ($10,000,000) for acquisition of San Diego County resource conservation areas and urban canyons in accordance with the resource element of the County General Plan. (B) Ten million dollars ($10,000,000) for a grant to the City of Laguna Beach for acquisition of, and for grants by the city to nonprofit organizations for acquisition of, natural lands within and contiguous to the Laguna Greenbelt as described in the Orange County General Plan. (C) Four million dollars ($4,000,000) for a grant to the City of Irvine for acquisition of natural lands in the open space spine designated in the City of Irvine General Plan. (D) Eleven million dollars ($11,000,000) for a grant to the City of Riverside in accordance with the following schedule: (i) One million dollars ($1,000,000) for acquisition of natural lands in Sycamore Canyon Wilderness Park in accordance with the City of Riverside Specific Plan. (ii) Ten million dollars ($10,000,000) for acquisition of land in and near the California Citrus State Historic Park located in the Arlington Heights area of Riverside. (E) Two million four hundred thousand dollars ($2,400,000) for a grant to the County of Riverside in accordance with the following schedule: (i) Four hundred thousand dollars ($400,000) for acquisition of land to expand Hurkey Creek Park. (ii) One million dollars ($1,000,000) for acquisition of land for trails in the Santa Ana River Corridor. (iii) One million dollars ($1,000,000) for acquisition of land for trails suitable for equestrian and hiking uses in Riverside County, including the Temescal Canyon Trail. (F) Twenty million dollars ($20,000,000) for a grant to the County of San Bernardino for acquisition of land primarily through the use of conservation easements within the Chino Agricultural Preserve. (G) Twenty-five million dollars ($25,000,000) for a grant to Los Angeles County in accordance with the following schedule: (i) Ten million dollars ($10,000,000) for acquisition or development of noncommercial visitor use and access facilities, and/or renovation of existing facilities at county, state, or city beaches operated by Los Angeles County. (ii) Ten million dollars ($10,000,000) for acquisition of land for the Baldwin Hills State Recreation Area in accordance with the general plan for Baldwin Hills State Recreation Area. (iii) Five million dollars ($5,000,000) for acquisition of natural lands to establish the Brea Heights Regional County Park. (H) Seven million dollars ($7,000,000) for a grant to the County of Santa Barbara for acquisition of natural lands, wildlife habitat, wetlands, and agricultural land preservation, in incorporated and unincorporated areas, in accordance with the following schedule, except that expenditures for nonagricultural lands shall be limited to acquisition of lands in the Coastal Zone and shall be of sufficient size to be a major natural or low intensity community recreational resource: (i) Four million eight hundred thousand dollars ($4,800,000) for nonagricultural lands located south of the ridge line of the Santa Ynez Mountain Range. (ii) One million two hundred thousand dollars ($1,200,000) for nonagricultural lands north of the ridge line of the Santa Ynez Mountain Range. (iii) One million dollars ($1,000,000) for the preservation of agricultural land in Santa Barbara County as identified for agricultural use in the Santa Barbara County Comprehensive Plan. These funds shall be used primarily for the acquisition of conservation easements. (I) Four million dollars ($4,000,000) for a grant to the County of Monterey for acquisition of conservation easements in Monterey County on agricultural lands in the Salinas and Pajaro Valleys. (J) Two million dollars ($2,000,000) for a grant to the Monterey Peninsula Regional Park District to expand the Garland Ranch Regional Park and for acquisition of natural lands and wildlife and riparian habitat in the Bixby Creek watershed. (K) One million dollars ($1,000,000) for a grant to the County of Santa Cruz for acquisition of conservation easements in Santa Cruz County on commercially viable agricultural lands in the Pajaro Valley and the coastal terrace north of the City of Santa Cruz, consistent with Section 2.3.1 of the Santa Cruz County General Plan. (L) Fifteen million dollars ($15,000,000) for acquisition of those greenbelt lands known as the Pogonip property located in the City of Santa Cruz and the County of Santa Cruz, as defined in the 1979 City of Santa Cruz Greenbelt Ordinance. This acquisition shall be accomplished through grants to the following entities listed in order of priority: (1) the City of Santa Cruz and (2) a park and open-space district or a park and recreation district formed by the local electorate. (M) Ten million dollars ($10,000,000) for a grant to the Midpeninsula Regional Open Space District for acquisition in accordance with the following schedule: (i) One million dollars ($1,000,000) for acquisition of land between property managed by the district and Castle Rock State Park and Portola State Park. (ii) Nine million dollars ($9,000,000) for expansion of Rancho San Antonio, Sierra Azul, El Sereno, El Corte de Madera Creek, and Windy Hill Open Space Preserves and for acquisition of Teague Hill Open Space Preserve. (N) Thirteen million dollars ($13,000,000) for a grant to the East Bay Regional Park District in accordance with the following schedule: (i) Ten million dollars ($10,000,000) for expenditure in accordance with the East Bay Regional Park District Master Plan, for expansion of Morgan Territory Regional Park and Briones Regional Park, acquisitions of natural lands along the Carquinez Straits and on Pleasanton Ridge, and shoreline access and trail acquisitions adjacent to the San Francisco Bay. (ii) One million five hundred thousand dollars ($1,500,000) for acquisition of lands in the southern portion of Walpert Ridge in Hayward in central Alameda County. (iii) One million five hundred thousand dollars ($1,500,000) for expansion of the Carquinez Shoreline Park in Port Costa. (O) Five million dollars ($5,000,000) for a grant to the Marin County Open Space District for acquisition of natural lands on Loma Alta Mountain, Big Rock Ridge, and other wetlands, wildlife habitat, and natural lands in accordance with the Environmental Quality and Open Space Elements of the Marin Countywide Plan. (P) Fifteen million dollars ($15,000,000) for a grant to the County of Marin for preservation of, and for grants by the county to nonprofit organizations for preservation of agricultural lands in the Marin County coastal zone and inland rural corridor, in accordance with the Marin County Agricultural Land Preservation Program. Funds provided in this subparagraph shall be used primarily to acquire agricultural conservation easements. (Q) One million six hundred thousand dollars ($1,600,000) for a grant to the City of Mill Valley for acquisition of natural lands on the Northridge and spurs of Mount Tamalpais, in accordance with the Open Space Elements in the Marin Countywide Plan or the Mill Valley General Plan, or both. (R) One million dollars ($1,000,000) for a grant to the City of Vacaville for acquisition of natural lands along the ridgelands of the Vaca Mountains, Blue Ridge Mountains, and English Hills, including Old Rocky, for a ridgeline park in accordance with the Vacaville City General Plan. (S) Two million dollars ($2,000,000) for a grant to the City of Davis for acquisition of, or for grants from the city to nonprofit organizations for acquisition of, wildlife and riparian habitat, wetlands, and potential wetlands within the 1987 Davis General Plan Study Area. (T) Six million dollars ($6,000,000) for a grant to the County of Sacramento, to be shared by the county with the City of Sacramento on a per capita basis, for acquisition of parklands, wetlands, wildlife habitat, and related greenbelt areas in the county along Morrison Creek, Dry Creek, Snodgrass Slough, Cosumnes River, Laguna Creek, Sacramento River, and American River, consistent with the County Park System Master Plan. (U) Four hundred thousand dollars ($400,000) for a grant to Lake County for acquisition of a county park that provides wildlife habitat, riparian areas, and recreational benefits near Middletown. (c) Eighty-one million three hundred thousand dollars ($81,300,000) to the Wildlife Conservation Board for programs involving the acquisition of land pursuant to the Wildlife Conservation Law of 1947, subject to Section 2625 of the Fish and Game Code and consistent with the purposes of this division, and for grants to local agencies, including an amount not to exceed one million two hundred nineteen thousand five hundred dollars ($1,219,500) for state administrative costs, in accordance with the following schedule: (1) Thirty-eight million dollars ($38,000,000) for projects involving the acquisition, preservation, protection, restoration, enhancement, or development of wetlands for wildfowl and other wildlife habitat, in accordance with the following schedule: (A) Thirteen million dollars ($13,000,000) for acquisition or restoration of wetlands within or adjacent to (1) the areas subject to the jurisdiction of the San Francisco Bay Conservation and Development Commission or (2) the boundaries of historic San Francisco Bay wetlands as designated in the 1985 United States Fish and Wildlife Service National Wetland Inventory Maps for the San Francisco Bay Area or in subsequent updates with not less than eight million dollars ($8,000,000) for acquisition or restoration of wetlands south of the San Mateo Bridge. (B) Twenty-five million dollars ($25,000,000) for wetlands outside the coastal zone as defined in Section 30103 and other than within the area defined in subparagraph (A). (2) Two million dollars ($2,000,000) for acquisition of monarch butterfly habitat. (3) Ten million dollars ($10,000,000) for acquisition of riparian habitat that drains into the Pacific Ocean within the Counties of San Diego, Orange, Los Angeles, and Ventura. (4) Four million dollars ($4,000,000) for acquisition of land containing Tecate Cypress forest and associated rare species in Coal Canyon in Orange County. (5) Five million dollars ($5,000,000) for acquisition of wildlife habitat and natural lands along the San Joaquin River between Friant Dam and Highway 99 in the Counties of Fresno and Madera. (6) Three hundred thousand dollars ($300,000) for acquisition of valley oak riparian forest and wetlands along the Mokelumne River near Galt in San Joaquin County. (7) Two million dollars ($2,000,000) for acquisition of wetlands, riparian habitat, vernal pools, and immediately adjacent natural uplands in the vicinity of the Stanislaus, Tuolumne, Merced, and San Joaquin Rivers and their tributaries in Stanislaus, San Joaquin, and Merced Counties for open-space, habitat protection, or riparian restoration. (8) Four million dollars ($4,000,000) for acquisition of riparian habitat along the Sacramento River from Shasta Dam to Collinsville. (9) One million dollars ($1,000,000) for acquisition of riparian habitat along the Feather River from Oroville to the mouth of the river. (10) Four million dollars ($4,000,000) for acquisition of inland, San Pablo Bay, and coastal wetlands in Sonoma County, including the Laguna de Santa Rosa. (11) Two million dollars ($2,000,000) for acquisition within the Napa Marsh and associated wetlands. (12) One million dollars ($1,000,000) for acquisition of wildlife habitat in northern Napa County as identified by the Department of Fish and Game. (13) Four million dollars ($4,000,000) for acquisition of sensitive riparian areas, meadows, critical wildlife habitat, and recreation lands in the Hope Valley area just south of Lake Tahoe in Alpine County. Portions of these lands which could provide compatible recreational opportunities may be managed by the Department of Parks and Recreation under an interagency agreement with the Department of Fish and Game. (14) Four million dollars ($4,000,000) for acquisition of old growth redwoods, mixed forest, and wildlife habitat near the town of Whitethorn in the Mattole River watershed in Humboldt and Mendocino Counties. (d) Fifty-eight million dollars ($58,000,000) to the State Coastal Conservancy pursuant to Division 21 (commencing with Section 31000), consistent with the purposes of this division, for acquisition, enhancement, or restoration of natural lands and development of public accessways in coastal areas and the San Francisco Bay region; and for preservation of agriculture in coastal areas, and for grants to local agencies and nonprofit organizations, and for related state administrative costs, in accordance with the following schedule: (1) Thirty-four million dollars ($34,000,000) to the State Coastal Conservancy for acquisition, enhancement, or restoration of natural lands, and development of public accessways in coastal areas and the San Francisco Bay region; and for preservation of agriculture in coastal areas, pursuant to Division 21 (commencing with Section 31000). These funds include the five million eight hundred fifty thousand dollars ($5,850,000) advanced by the Coastal Conservancy to the Santa Monica Mountains Conservancy for the Circle X acquisition in the Santa Monica Mountains. Up to one million five hundred thousand dollars ($1,500,000) of the total funds available pursuant to this paragraph shall be spent on expansion of the Bolsa Chica Linear Park in Orange County or for disbursement to the City of Huntington Beach or other appropriate agencies for this purpose, or for restoration, enhancement, or expansion of the Bolsa Chica wetlands that is not otherwise required for mitigation, or both. Up to four million dollars ($4,000,000) of the total funds available pursuant to this paragraph shall be spent for the purposes of paragraph (2) if the funds allocated in paragraph (2) prove to be insufficient to achieve the purposes of that paragraph. (2) Ten million dollars ($10,000,000) for acquisition of natural lands to preserve coastal resources in the coastal dunes and wetlands from Mussel Point to Grover City west of Highway 1 in San Luis Obispo and Santa Barbara Counties. Up to seven hundred fifty thousand dollars ($750,000) may be spent for dunes restoration and public access consistent with coastal resources preservation. (3) One million five hundred thousand dollars ($1,500,000) for acquisition of coastal natural lands and wetlands in Monterey County between Monterey Wharf #2 and the Salinas River. (4) Eight million dollars ($8,000,000) for acquisition of, and for grants to public agencies or nonprofit organizations for acquisition of, coastal lands within San Mateo County that meet three or more of the following criteria, with preference given to lands meeting the largest number of criteria: (1) ocean frontage, (2) state or county scenic corridor, (3) designated in the County General Plan as agriculture, (4) sensitive habitat areas or wetlands, (5) close proximity to urban areas, or (6) adjacent to other permanently dedicated public or private natural lands. These funds shall not be used for urban waterfronts or for lot consolidation projects as defined in Chapters 5 (commencing with Section 31200) and 7 (commencing with Section 31300) of Division 21. (5) Four million dollars ($4,000,000) for acquisitions in Sonoma County of coastal natural lands and coastal wetlands south of Stewart Point, and for acquisition of San Pablo Bay wetlands and natural lands. (6) Five hundred thousand dollars ($500,000) for acquisition of, and for grants to nonprofit organizations for acquisition of, land containing old growth Douglas fir on Mill Creek, a tributary of the Mattole River in Humboldt County, and for public access to the lands acquired. (e) Eighty-two million dollars ($82,000,000) to the following agencies, and for grants to local agencies and nonprofit organizations, including state administrative costs, for the following purposes: (1) Seventeen million dollars ($17,000,000) to the Department of Fish and Game, including an amount not to exceed two hundred fifty-five thousand dollars ($255,000) for state administrative costs, in accordance with the following schedule: (A) Ten million dollars ($10,000,000) for restoration and enhancement of salmon streams in accordance with the recommendations of the Commercial Salmon Stamp Advisory Committee and the Advisory Committee on Salmon and Steelhead Trout. (B) Six million dollars ($6,000,000) for restoration and enhancement of wild trout and native steelhead habitat; for capital outlay to design, develop, and construct an experimental wild trout and native steelhead propagation facility; for acquisition of land important for the perpetuation of wild trout and native steelhead; and to provide public access to wild trout and native steelhead waters. (C) One million dollars ($1,000,000) for marine patrol boats and other equipment for enforcement of fish and game regulations to protect fish, marine birds, and marine mammals from Point Conception to Fort Bragg. (2) Five million dollars ($5,000,000) to the Department of Forestry for urban forestry programs, and for related state administrative costs not to exceed two hundred fifty thousand dollars ($250,000), in accordance with Section 4799.12. (3) Five million dollars ($5,000,000) to the Department of Water Resources for grants to counties, cities, cities and counties, districts, and nonprofit organizations for the acquisition or restoration of natural lands which contain urban streams, creeks, and riparian areas, and for related state administrative costs not to exceed two hundred fifty thousand dollars ($250,000), in accordance with Section 7048 of the Water Code. (4) Thirty million dollars ($30,000,000) to the Santa Monica Mountains Conservancy for land acquisition and for grants to nonprofit organizations for land acquisition in the Santa Monica Mountains, and for related state administrative costs, pursuant to Division 23 (commencing with Section 33000) and consistent with the purposes of this division. Five million dollars ($5,000,000) of this amount shall be for grants to nonprofit organizations pursuant to Section 33204.2. (5) Twenty-five million dollars ($25,000,000) to the County of Monterey to be transferred directly to the 1988 Bond Act Account of the Big Sur Preservation Fund of Monterey County to support implementation of “critical viewshed” policies of the county’s Big Sur Coast Land Use Plan which was certified by the California Coastal Commission on April 9, 1986, as a component of the Big Sur Local Coastal Program. The intent of this paragraph is to ensure that the exceptional vistas seen from Scenic Highway One along the Big Sur Coast in Monterey County will be preserved in a manner that ensures the continuation of existing state and local jurisdiction over the Big Sur area. (Amended by Stats. 1993, Ch. 1251, Sec. 1. Effective October 11, 1993. Note: This section was added on June 7, 1988, by initiative Prop. 70.)
  23. 5907.5.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 2. California Wildlife, Coastal, and Park Land Conservation Program [5905 - 5907.5] ( Chapter 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The County of San Diego may receive funds for Tijuana River Valley land projects, and up to $500,000 must be used for specified studies.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 2. California Wildlife, Coastal, and Park Land Conservation Program [5905 - 5907.5] ( Chapter 2 added June 7, 1988, by initiative Proposition 70. ) ## 5907.5. (a) Pursuant to Section 5922, for the purpose of expending funds appropriated to the department in Item 3790-101-0786 of the Budget Act of 2014, and reappropriated in Item 3790-490 of the Budget Act of 2017, funds shall be available to the County of San Diego for the development, improvement, rehabilitation, protection, and restoration of natural and park lands in the Tijuana River Valley, for the studies described in subdivision (b), and for the development of a campground planned for the Tijuana River Valley, as described in the “Tijuana River Valley Regional Park Public Use Feasibility Study.” (b) Up to five hundred thousand dollars ($500,000) of the moneys appropriated to the department and available to the County of San Diego, described in subdivision (a), shall be used to update or conduct, as the case may be, the following studies: (1) An update to the Tijuana River Valley Recovery Team’s “Recovery Strategy: Living with the Water,” January 2012 to include issues related to wastewater and runoff. (2) A study focused on the improvement and protection of natural lands, including the main river channel, in the Tijuana River Valley. (Added by Stats. 2017, Ch. 542, Sec. 1. (SB 507) Effective October 6, 2017.)
  24. 5910.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section sets how certain grant funds are allocated among counties, cities, and districts, including minimum allocations, application requirements, deadlines, and how unused funds are handled.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5910. (a) The grant funds authorized pursuant to paragraph (1) of subdivision (a) of Section 5907 shall be allocated to counties, cities, cities and counties, and districts on the basis of their populations, as determined by the Department of Parks and Recreation in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other population data as the Department of Parks and Recreation may require to be furnished by any county, city, city and county, or district. (b) Forty percent of the total funds available for grants shall be allocated to counties and regional park, open-space, or park and open-space districts formed pursuant to Chapter 3 (commencing with Section 5500). Each county’s allocation shall be in the same ratio as the county’s population is to the state’s total population, except that each county is entitled to a minimum allocation of one hundred thousand dollars ($100,000). In any county that embraces all or part of the territory of a regional park, open-space, or park and open-space district whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between the regional district and the county in proportion to the population of the county that is included within the territory of the regional district and the population of the county that is outside the territory of the regional district. (c) (1) Sixty percent of the total funds available for grants shall be allocated to cities and districts, other than regional park, open-space, or park and open-space districts. Each city’s and each district’s allocation shall be in the same ratio as the city’s or district’s population is to the combined total of the state’s population that is included in incorporated areas and in unincorporated areas within the districts, except that each city or district is entitled to a minimum allocation of twenty thousand dollars ($20,000). In any instance in which the boundary of a city overlaps the boundary of a district, the population in the area of overlapping jurisdictions shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. In any instance in which the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds shall be allocated to the district. (2) Each city and district whose boundaries overlap shall develop a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If by October 1, 1990, the plan has not been agreed to by the affected jurisdictions and submitted to the Department of Parks and Recreation, the Director of Parks and Recreation shall determine the allocation of the grant funds among the affected jurisdictions. (d) Individual application for grants pursuant to subdivision (a) of Section 5907 shall be submitted to the Department of Parks and Recreation for approval as to conformity with the requirements of this division. The application shall be accompanied by certification from the planning agency of the applicant that the project for which the grant is applied is consistent with the park and recreation element of the applicable city or county general plan or the district park and recreation plan and will satisfy a high priority need. In order to utilize available grant funds as effectively as possible, overlapping or adjoining jurisdictions are encouraged to combine projects and submit a joint application. (e) The minimum amount that the applicant may request for any individual project is twenty thousand dollars ($20,000). Any agency may allocate all or a portion of its per capita share for a regional or state project. (f) The Director of Parks and Recreation shall annually forward a statement of the total amount to be appropriated in each fiscal year for projects approved for grants pursuant to subdivision (a) of Section 5907 to the Director of Finance for inclusion in the Budget Bill. The amount of grant funds to be allocated to each eligible jurisdiction shall be published in the Governor’s Budget for the fiscal year in which the appropriation for those grants is to be made and, as soon as possible thereafter, a list of projects for which grants have been approved shall be made available by the Department of Parks and Recreation. (g) Funds appropriated for grants pursuant to subdivision (a) of Section 5907 shall be encumbered by the recipient within three years of the date when the appropriation became effective, regardless of the date when each project was approved pursuant to this section. Commencing with the Budget Bill for the 1992–93 fiscal year, any grant funds authorized under paragraphs (1) and (2) of subdivision (a) of Section 5907 that were not accepted by the recipient, or were not encumbered by the recipient within that three-year period, are available for appropriation for one or more of the classes of expenditures specified in Section 5907 that the Legislature deems to be of the highest priority statewide. (Added June 7, 1988, by initiative Proposition 70.)
  25. 5911.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The Director of Parks and Recreation must prepare and adopt grant evaluation criteria and procedures after at least one public hearing, and applicants must request at least $20,000 for any individual project.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5911. Funds authorized in paragraph (3) of subdivision (a) of Section 5907 may be expended for the acquisition, development, rehabilitation, or restoration of parks, beaches, open-space lands, recreational trails, or recreational facilities and areas, and for development rights or scenic easements in connection with those acquisitions. After at least one public hearing, the Director of Parks and Recreation shall prepare and adopt criteria and procedures for evaluating those competitive grants. The minimum amount that the applicant may request for any individual project is twenty thousand dollars ($20,000). (Added June 7, 1988, by initiative Proposition 70.)
  26. 5912.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Grant funds must be awarded competitively, used within three years, and the Parks and Recreation Director must set evaluation criteria.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5912. The funds authorized in paragraph (4) of subdivision (a) of Section 5907 shall be available as grants on a competitive basis to cities, counties, cities and counties, districts, and nonprofit organizations and shall be encumbered by the recipient within three years of the date when the appropriation became effective. The Director of Parks and Recreation, through the Office of Historic Preservation, shall prepare and adopt criteria and procedures for evaluating those competitive grants. An individual jurisdiction may enter into an agreement with a nonprofit organization for the purpose of carrying out a grant, subject to the requirements of Section 5917. (Added June 7, 1988, by initiative Proposition 70.)
  27. 5913.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Certain Section 5907 funds may be awarded as competitive grants to local governments and qualifying nonprofits, and the Director of Parks and Recreation must set the evaluation criteria and procedures.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5913. The funds authorized in paragraph (5) of subdivision (a) of Section 5907 shall be available as grants on a competitive basis to local units of government, and nonprofit organizations authorized to provide park, recreation, or open-space services or facilities to the general public. The Director of Parks and Recreation shall prepare and adopt criteria and procedures for evaluating those competitive grants for trail development. (Added June 7, 1988, by initiative Proposition 70.)
  28. 5914.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Grant applications under Section 5907 must be submitted to the specified director for review and approval, depending on which subdivision applies.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5914. An application for a grant pursuant to subdivision (a) or (b) of Section 5907 shall be submitted to the Director of Parks and Recreation for review and approval; an application for a grant pursuant to subdivision (d) of Section 5907 shall be submitted to the Director of the State Coastal Conservancy for review and approval; an application for a grant pursuant to paragraph (1) of subdivision (e) of Section 5907 shall be submitted to the Director of Fish and Game for review and approval; an application for a grant pursuant to paragraph (2) of subdivision (e) of Section 5907 shall be submitted to the Director of Forestry for review and approval; an application for a grant pursuant to paragraph (3) of subdivision (e) of Section 5907 shall be submitted to the Director of Water Resources for review and approval; and an application for a grant pursuant to paragraph (4) of subdivision (e) of Section 5907 shall be submitted to the Director of the Santa Monica Mountains Conservancy for review and approval. (Added June 7, 1988, by initiative Proposition 70.)
  29. 5915.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Some officials may nominate certain projects for study, and the Department of Parks and Recreation must study any nominated project.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5915. (a) Any member of the Legislature, the State Park and Recreation Commission, the California Coastal Commission, or the Secretary of the Resources Agency may nominate any project to be funded under paragraph (2) of subdivision (b) of Section 5907 for study by the Department of Parks and Recreation. The State Park and Recreation Commission shall nominate projects after holding at least one public hearing to seek project proposals from individuals, citizen groups, the Department of Parks and Recreation, and other public agencies. Any of the commissions shall make nominations by vote of its membership. (b) The Department of Parks and Recreation shall study any project so nominated. In addition to the procedures required by Section 5006, the Department of Parks and Recreation shall submit to the Legislature and to the Secretary of the Resources Agency a report consisting of a priority listing and comparative evaluation of all projects nominated for study not later than March 1, 1989. (Added June 7, 1988, by initiative Proposition 70.)
  30. 5915.5.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The city may grant conservation easements, leases, or licenses for listed conservation-related uses, and must use any revenue for habitat and wetlands protection and maintain the property’s scenic, recreational, and wildlife values.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5915.5. (a) For purposes of this section, the following definitions apply: (1) “City” means the City of Davis. (2) “Parcel” means one of the following parcels acquired by the city with a grant made pursuant to subparagraph (S) of paragraph (3) of subdivision (b) of Section 5907, as identified by the assessor of the County of Yolo: (A) 033-260-004. (B) 033-260-005. (C) 033-260-010. (D) 033-130-031. (E) 033-130-052. (F) 033-130-035. (G) 033-130-037. (H) 033-130-051. (3) “Plan” means the “Yolo Habitat Conservation Plan/Natural Community Conservation Plan.” (b) Consistent with paragraph (2) of subdivision (a) of Section 5919, the city may convey a conservation easement, lease, or license for any of the following purposes: (1) A habitat conservation project that is consistent with the plan and located on a parcel. (2) (A) The geologic storage of carbon dioxide in the pore spaces in the geologic reservoir located below a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a). (B) A monitoring well or any other equipment or facility that is required by federal, state, or local law for the geologic storage of carbon dioxide, as described in subparagraph (A), and that is located on a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a). (C) Subdivision (b) of Section 5919 applies to any change to the use of the surface of a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a). (D) This paragraph does not authorize the injection of carbon dioxide into a geologic reservoir located below a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a) from an injection point located on the surface of a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a). (3) An agricultural activity that provides wildlife habitat, consistent with the plan, and is located on a parcel. (c) Any revenue received by the city from conveying a conservation easement, lease, or license on a parcel, as authorized pursuant to this section, shall be used to preserve, protect, maintain, or enhance wildlife and riparian habitat, wetlands, and potential wetlands within the Davis Planning Area, consistent with this division. (d) In the conveyance of an easement, lease, or license pursuant to subdivision (b), the city shall maintain the scenic, recreational, and wildlife values of that real property. (e) This section does not exempt the city or any other party from any law that would otherwise apply to the conveyance of a conservation easement, lease, or license pursuant to subdivision (b) or to a project or activity described in subdivision (b). (Added by Stats. 2023, Ch. 305, Sec. 1. (SB 256) Effective January 1, 2024.)
  31. 5916.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Real property acquired for the state park system must follow the Property Acquisition Law; stewardship work may include specified conservation and planning activities, but not merely routine park operations or work usually funded elsewhere.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5916. (a) Acquisition of real property for the state park system by purchase or by eminent domain shall be under the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). (b) Work efforts for stewardship purposes pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 5907 may include, but are not limited to, objectives such as the control of major erosion and geologic hazards, the restoration and improvement of critical plant and animal habitat, the control and elimination of exotic species encroachment, the stabilization of coastal dunes and bluffs, and the planning necessary to implement those activities. Those efforts may not include activities which merely supplement park system operations or which are usually funded from other sources. (Added June 7, 1988, by initiative Proposition 70.)
  32. 5917.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Section 5917 limits grant funds to development, rehabilitation, or restoration on qualifying lands, and requires the applicant to show public benefits if the lands are not owned by the applicant.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5917. Funds granted pursuant to Section 5907 may be expended for development, rehabilitation, or restoration only on lands owned by, or subject to a lease or other interest, held by the applicant city, county, city and county, district, or nonprofit organization. If those lands are not owned by the applicant, the applicant shall first demonstrate to the satisfaction of the administering agency that the project will provide public benefits commensurate with the type and duration of interest in land held by the applicant. (Added June 7, 1988, by initiative Proposition 70.)
  33. 5918.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Every expenditure under this division must comply with the California Environmental Quality Act.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5918. Every expenditure pursuant to this division shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (Added June 7, 1988, by initiative Proposition 70.)
  34. 5919.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Grant money cannot be disbursed unless the applicant accepts use, maintenance, transfer, and reporting conditions for the property.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5919. (a) No state funds authorized under Section 5907 may be disbursed unless the applicant agrees: (1) To maintain and operate the property acquired, developed, rehabilitated, or restored with the funds in perpetuity. With the approval of the granting agency, the applicant or its successors in interest in the property may transfer the responsibility to maintain and operate the property in accordance with this section. (2) To use the property only for the purposes of this division and to make no other use, sale, or other disposition of the property except as authorized by specific act of the Legislature. All applicants for a grant pursuant to paragraph (3) of subdivision (b) and pursuant to subdivisions (c), (d), and (e) of Section 5907 shall submit an application to the administering agency for grant approval. Each application shall include in writing the agreements specified in paragraphs (1) and (2) of this subdivision. The agreements specified in paragraphs (1) and (2) of this subdivision shall not prevent the transfer of property acquired, developed, rehabilitated, or restored with funds authorized pursuant to Section 5907 from the applicant to a public agency, provided the successor public agency assumes the obligations imposed by those agreements. (b) If the use of the property acquired through grants pursuant to this division is changed to one other than permitted under the category from which the funds were appropriated, or the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion thereof, acquired, developed, rehabilitated, or restored with the grant shall be used by the grantee, subject to subdivision (a), for a purpose authorized in that category or shall be reimbursed to the fund and be available for appropriation only for a use authorized in that category. If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, rehabilitated, or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the grantee, subject to subdivision (a) of this section, for a purpose authorized in that category or shall be reimbursed to the fund and be available for appropriation only for a use authorized in that category. (Added June 7, 1988, by initiative Proposition 70.)
  35. 5920.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The administering agency must set procedures to ensure compliance, and certain land-related acquisitions and state gifts can be accepted under specified conditions.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5920. (a) All real property acquired pursuant to this division shall be acquired in compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. The administering agency shall prescribe procedures sufficient to assure compliance by local public agencies and nonprofit organizations which receive funds under Section 5907. (b) For the purposes of this division, acquisition may include gifts, purchases, leases, easements, the exercise of eminent domain if expressly authorized, the transfer or exchange of property for other property of like value, transfers of development rights or credits, and purchases of development rights and other interests. (c) All grants, gifts, devises, or bequests to the state, conditional or unconditional, for park, conservation, recreational, agricultural, or other purposes for which real property may be acquired or developed pursuant to this division, may be accepted and received on behalf of the state by the appropriate departmental director with the approval of the Director of Finance. The grants, gifts, devises, or bequests are available, when appropriated by the Legislature, for expenditure for the purposes specified in Section 5907. (Added June 7, 1988, by initiative Proposition 70.)
  36. 5921.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section requires certain appropriations to be placed in the Budget Bill, with separate items for each project or program element, and limits how those funds may be appropriated or spent.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5921. (a) With respect to Section 5907, all appropriations for the purposes of subdivision (a), paragraph (2) of subdivision (b), paragraph (1) of subdivision (d), and paragraphs (1), (2), (3), and (4) of subdivision (e) for the program shall be included in a section of the Budget Bill for the 1989–90 fiscal year and each succeeding fiscal year for consideration by the Legislature and shall bear the caption “California Wildlife, Coastal, and Park Land Conservation Program.” The section shall contain separate items for each project, each class of project, or each element of the program for which an appropriation is made. (b) All appropriations specified in subdivision (a) are subject to all limitations enacted in the Budget Act and to all fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from those laws by a statute enacted by the Legislature. The Budget Act shall contain proposed appropriations only for the program elements and classes of projects contemplated by this division, and no funds derived from the bonds authorized by law for the purposes of this division may be expended pursuant to an appropriation not contained in those sections of the Budget Act. (c) All funds not described in subdivision (a) are appropriated directly to the state or local agency which is to administer them. These funds are not subject to appropriation by the Legislature except as provided in Section 5922. (Added June 7, 1988, by initiative Proposition 70.)
  37. 5922.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    If certain allocated funds are still unspent, the agency must submit an expenditure plan to the Legislature, which may approve it by statute. If the reallocated funds still are not spent within 10 years after that statute takes effect, the Legislature may reallocate them again to Parks and Recreation.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5922. With respect to Section 5907, if money allocated pursuant to paragraphs (1) and (3) of subdivision (b) [except for subparagraph (A) of paragraph (1) of subdivision (b)]; subdivision (c) [except for paragraph (1)]; paragraphs (2), (3), (4), (5), and (6) of subdivision (d), and paragraphs (1) and (5) of subdivision (e), is not expended prior to July 1, 1998, the agency to which the funds are originally allocated shall submit to the Legislature a plan for expenditure of the funds in accordance with the purposes of this division within a county in which the funds were originally authorized to be expended, and the Legislature may approve the plan by statute, passed in each house by a two-thirds vote. If the reallocated funds are not expended within 10 years after the effective date of that statute, the Legislature may, by statute, passed in each house by a two-thirds vote, reallocate the funds to the Department of Parks and Recreation for expenditure in the area of the state with the greatest need consistent with the purposes of this division. (Added June 7, 1988, by initiative Proposition 70.)
  38. 5923.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    If some allocated funds are not spent by July 1, 1993, the remaining money must be allocated to the Santa Monica Mountains Conservancy. The Legislature may also allocate some or all of these funds to that conservancy at any time.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5923. If some or all of the funds allocated pursuant to subparagraph (E) of paragraph (1) of subdivision (b) of Section 5907 are not expended by the Department of Parks and Recreation by July 1, 1993, the remaining funds shall be allocated to the Santa Monica Mountains Conservancy for the purposes of that subparagraph. The Legislature may at any time allocate all or a portion of these funds to the Santa Monica Mountains Conservancy for the purposes for which the funds were originally allocated. (Added June 7, 1988, by initiative Proposition 70.)
  39. 5924.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    After certain land is acquired, the state must transfer title to the United States in trust for the Agua Caliente Band of Cahuilla Indians, and some acquisitions need tribal council approval.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5924. (a) Any lands acquired pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 5907 or pursuant to other sections of this act for acquisition of other lands of the Agua Caliente Indian Reservation shall be subject to this section. After that acquisition, the state shall convey title to all those lands to the United States in trust for the Agua Caliente Band of Cahuilla Indians as part of the Agua Caliente Indian Reservation on the conditions that (1) the lands be administered by the Agua Caliente Band of Cahuilla Indians as additions to the existing tribal reserves established by Section 3(c) of the act of September 21, 1959 (73 Stat. 603, P.L. 86-339), (2) the lands be open to the public, subject to reasonable restrictions such as those presently in effect for the above existing tribal reserves, and (3) the lands be used for protection of wildlife habitat and other resources, preservation of open space, recreation, preservation of the native palms and other plants and animals native to the area, and the preservation in place or respectful public display, at the option of the Agua Caliente Band of Cahuilla Indians, of the archeological and cultural resources of the lands. Existing tribal reserve lands shall not be acquired, and acquisition within the reservation shall be limited to the southerly three-fourths of Section 2 and Sections 3, 11, 12, 14, 16, 22, 26, 29, 34, and 36 of Township 5 south; range 4 east, San Bernardino base and meridian, unless otherwise approved by the Agua Caliente Indian Reservation Tribal Council. No acquisition within the boundaries of the Aqua Caliente Indian Reservation shall be made without the approval of the Aqua Caliente Band of Cahuilla Indians Tribal Council. (b) Lands acquired pursuant to paragraph (5) of subdivision (a) of Section 5907 shall not be acquired through the use of eminent domain. (c) Reasonable public access to lands acquired in fee with funds made available pursuant to this division shall be provided except where that access may interfere with habitat protection. (Added June 7, 1988, by initiative Proposition 70.)
  40. 5924.5.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Funds appropriated for Palm and Andreas Canyons may also be used for interpretative facilities and minimal facilities needed to support public access, if the Tribal Council of the Agua Caliente Band of Cahuilla Indians approves.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5924.5. In addition to the purposes specified in Section 5924, funds appropriated in subparagraph (C) of paragraph (1) of subdivision (b) of Section 5907 for Palm and Andreas Canyons may also be encumbered for interpretative facilities and minimal facilities necessary to facilitate public access if approved by the Tribal Council of the Agua Caliente Band of Cahuilla Indians. (Added by Stats. 1988, Ch. 1623, Sec. 1. Effective September 30, 1988.)
  41. 5925.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    If the Pogonip property cannot all be acquired, the allocated funds must be used in the priority set by Section 5907, and if the listed entities do not complete the acquisition by January 1, 1991, the Department of Parks and Recreation must acquire the property or part of it.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5925. With respect to funds allocated pursuant to subparagraph (L) of paragraph (3) of subdivision (b) of Section 5907, if it is not possible to acquire the entire Pogonip property, the funds shall be distributed to the entities listed in the priority established in subparagraph (L) of paragraph (3) of subdivision (b) of Section 5907 for the acquisition of portions of the Pogonip property and the balance, if any, for other greenbelt lands located in the City of Santa Cruz and the County of Santa Cruz as defined in the 1979 City of Santa Cruz Greenbelt Ordinance. If any of these entities fails to accomplish the acquisition of all or portions of the Pogonip property by January 1, 1991, the Department of Parks and Recreation shall acquire all or a portion of the Pogonip property as an addition to Henry Cowell Redwoods State Park. Acquisition shall be deemed to have occurred if a binding contract is entered into on or before January 1, 1991, notwithstanding the fact that a transfer of title shall occur subsequent to that date. (Added June 7, 1988, by initiative Proposition 70.)
  42. 5926.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Funds allocated for these two Section 5907 purposes may not be used to buy land where oil or gas is currently being extracted or could be extracted.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5926. None of the funds allocated pursuant to subparagraph (G) of paragraph (3) of subdivision (b) of Section 5907 for acquisition of land for the Baldwin Hills State Recreation Area or paragraph (1) of subdivision (d) of Section 5907 for expansion of Bolsa Chica Linear Park shall be used to acquire lands from which oil or gas is presently being extracted or from which oil or gas is capable of being extracted. (Added June 7, 1988, by initiative Proposition 70.)
  43. 5927.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    A local agency’s receipt or qualification for one grant under Section 5907 does not block it from getting another grant allocation under a different part of Section 5907 or under Fish and Game Code Section 2720.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5927. The qualification for or allocation of a grant or grants to a local agency under one subdivision, paragraph, or subparagraph of Section 5907 shall not preclude eligibility for an additional allocation of grant funds to the same local agency pursuant to another subdivision, paragraph, or subparagraph of Section 5907 or pursuant to Section 2720 of the Fish and Game Code. (Added June 7, 1988, by initiative Proposition 70.)
  44. 5928.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Monterey County must use the specified funds only for acquiring certain Big Sur Coast viewshed properties, report annually to the Director of Finance, and keep acquired lands natural and undeveloped except for certain Caltrans Highway One projects.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5928. (a) Funds available pursuant to paragraph (5) of subdivision (e) of Section 5907 shall be used solely for Monterey County’s acquisition, as specified in subdivision (b) of Section 5920, of critical viewshed properties along the Big Sur Coast, and shall be expended in strict compliance with the policies of the 1988 Bond Act Account, which was established by resolution by the County of Monterey on March 17, 1987. The policies of the 1988 Bond Act Account shall not be modified or amended. Monterey County shall make an annual report to the Director of Finance on the disbursement of these funds. The Director of Finance shall assure that the County of Monterey expends the funds in accordance with this division. (b) All lands acquired with these funds shall remain as natural lands in their present state in perpetuity and shall not be developed in any manner by any person or entity, public or private, except that this subdivision shall not apply to California Department of Transportation projects which are essential to maintain Highway One in its existing use as a rural, two lane, Scenic Highway. (Added June 7, 1988, by initiative Proposition 70.)
  45. 5929.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Certain agencies must submit wetland-related acquisition proposals to the State Lands Commission, which must review them within three months. The section also bars using certain acquired wetlands or riparian habitat as dredge spoil or damaging revetment, and says the division does not authorize condemnation of state lands.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 3. Miscellaneous Provisions [5910 - 5929] ( Chapter 3 added June 7, 1988, by initiative Proposition 70. ) ## 5929. (a) Prior to recommending the acquisition of lands that are located on or near tidelands, submerged lands, swamp or overflowed lands, or other wetlands, whether or not those lands have been granted in trust to a local public agency, any state or local agency or nonprofit agency receiving funds under this division shall submit to the State Lands Commission any proposal for the acquisition of those lands pursuant to this division. The State Lands Commission shall, within three months of submittal, review the proposed acquisition, make a determination as to the state’s existing or potential interest in the lands, and report its findings to the entity making the submittal and to the Department of General Services. (b) No wetlands or riparian habitat acquired pursuant to paragraph (7) of subdivision (c) of Section 5907 shall be used as a dredge spoil area or shall be subject to revetment which damages the quality of the habitat for which the property was acquired. (c) No provision of this division shall be construed as authorizing the condemnation of state lands. (Added June 7, 1988, by initiative Proposition 70.)
  46. 5930.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section authorizes up to $768,670,000 in bonds and sets how bond proceeds may be deposited into two named funds, with caps of $726,000,000 and $50,000,000.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5930. Bonds in the total amount of seven hundred sixty-eight million six hundred seventy thousand dollars ($768,670,000), or so much thereof as is necessary, may be issued and sold to be used for carrying out the purposes expressed in this division and in Chapter 7.5 (commencing with Section 2700) of Division 3 of the Fish and Game Code and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. A sum, not to exceed seven hundred twenty-six million dollars ($726,000,000) of the bond proceeds, shall be deposited in the California Wildlife, Coastal, and Park Land Conservation Fund of 1988 for the purposes of this division, and a sum, not to exceed fifty million dollars ($50,000,000) of bond proceeds, shall be deposited in the Wildlife and Natural Areas Conservation Fund for the purposes of the Wildlife and Natural Areas Conservation Program (Chapter 7.5 (commencing with Section 2700) of Division 3 of the Fish and Game Code). The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest as they become due and payable. (Amended by Stats. 2012, Ch. 39, Sec. 93. (SB 1018) Effective June 27, 2012. Note: This section was added on June 7, 1988, by initiative Prop. 70.)
  47. 5931.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Bonds authorized under this division must be handled under the State General Obligation Bond Law, which is incorporated into this division.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5931. The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all provisions of that law shall apply to the bonds and are hereby incorporated in this division as though set forth in full in this division. (Added June 7, 1988, by initiative Proposition 70.)
  48. 5932.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section creates a finance committee for bond issuance and designates certain agencies as the board, depending on jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5932. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this division, the California Wildlife, Coastal, and Park Land Conservation Program of 1988 Finance Committee is hereby created. For purposes of this division, the California Wildlife, Coastal, and Park Land Conservation Program of 1988 Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee shall consist of the Controller, the Director of Finance, and the Treasurer, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of this division and Chapter 7.5 (commencing with Section 2700) of Division 3 of the Fish and Game Code and the State General Obligation Bond Law, the Wildlife Conservation Board, the Department of Parks and Recreation, the Department of Water Resources, the Department of Forestry, the Department of Fish and Game, the Santa Monica Mountains Conservancy, or the State Coastal Conservancy, depending on which agency has jurisdiction, is hereby designated as “the board.” (Added June 7, 1988, by initiative Proposition 70.)
  49. 5933.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The committee must decide whether issuing authorized bonds is necessary or desirable, and, if so, how much to issue and sell.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5933. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this division in order to carry out the actions specified in Section 5907 of this code and Section 2720 of the Fish and Game Code, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added June 7, 1988, by initiative Proposition 70.)
  50. 5934.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Revenue officers must take the steps needed to collect an annual additional sum used to pay bond principal and interest.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5934. There shall be collected annually in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added June 7, 1988, by initiative Proposition 70.)
  51. 5935.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The section appropriates money from the General Fund for division purposes, including bond principal and interest payments and carrying out Section 5936.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5935. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund, for the purposes of this division, an amount that will equal the total of the following: (1) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable. (2) The sum which is necessary to carry out the provisions of Section 5936, appropriated without regard to fiscal years. (Added June 7, 1988, by initiative Proposition 70.)
  52. 5936.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund for specified conservation purposes, up to the amount of unsold authorized bonds.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5936. For the purposes of carrying out this division and Chapter 7.5 (commencing with Section 2700) of Division 3 of the Fish and Game Code, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out those provisions. Any amounts withdrawn shall be deposited in the California Wildlife, Coastal, and Park Land Conservation Fund of 1988 or the Wildlife and Natural Areas Conservation Fund, as appropriate. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds which would otherwise be deposited in that fund. (Added June 7, 1988, by initiative Proposition 70.)
  53. 5936.5.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    If these bonds are sold with the required federal tax opinion, the Treasurer may manage the bond proceeds and earnings in separate accounts and use them for federal-law payments or other federally required or desirable actions.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5936.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 25.)
  54. 5937.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Money from bond premiums and accrued interest must be reserved and may be transferred to the General Fund as credit for bond-interest expenditures.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5937. All money derived from premium and accrued interest on bonds sold shall be reserved and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added June 7, 1988, by initiative Proposition 70.)
  55. 5938.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The section states that proceeds from the sale of bonds authorized by this division are not treated as “proceeds of taxes,” so their disbursement is not subject to the limitation in Article XIII B of the California Constitution.

    ## Public Resources Code - PRC ## DIVISION 5.8. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT [5900 - 5938] ( Division 5.8 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## CHAPTER 4. Fiscal Provisions [5930 - 5938] ( Chapter 4 added June 7, 1988, by initiative Proposition 70. ) ## 5938. The people of California hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitation imposed by that article. (Added June 7, 1988, by initiative Proposition 70.)
  56. 6.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Headings in this code section do not control or change the meaning or scope of the provisions.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 6. Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof. (Enacted by Stats. 1939, Ch. 93.)
  57. 600.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “department” as the Department of Conservation and “director” as the Director of Conservation.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 600. As used in this chapter, “department” means the Department of Conservation and “director” means the Director of Conservation. (Added by Stats. 1965, Ch. 1144.)
  58. 6001.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section says the chapter’s general provisions and definitions control how this division is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6001. Unless the context otherwise requires, the general provisions and definitions set forth in this chapter shall govern the construction of this division. (Added by Stats. 1941, Ch. 548.)
  59. 6002.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    “Commission” means the State Lands Commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6002. “Commission” means the State Lands Commission. (Added by Stats. 1941, Ch. 548.)
  60. 6003.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    For this code section, “city” also means a “city and county.”

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6003. “City” includes “city and county.” (Added by Stats. 1941, Ch. 548.)
  61. 6004.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    “Oil and gas” is defined to include oil, gas, and all other hydrocarbon substances.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6004. “Oil and gas” includes oil, gas and all other hydrocarbon substances. (Added by Stats. 1941, Ch. 548.)
  62. 6005.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If a public officer or body has permissive authority or discretion under this division, it must be used in the best interests of the State.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6005. Whenever permissive authority or discretion is vested in any public officer or body under this division, such authority or discretion is subject to the condition that it be exercised in the best interests of the State. (Added by Stats. 1941, Ch. 548.)
  63. 6006.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The repeal described here does not disturb existing rights, permits, leases, agreements, or the rights and duties of certain State land purchasers.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6006. The repeal of Chapter 303 of the Statutes of 1921 and of Chapter 227 of the Statutes of 1923 effected by the State Lands Act of 1938 shall not affect any existing rights thereunder or any permit, lease, or agreement entered into under any provision of either chapter, nor shall it affect the rights or duties of any purchaser of State lands prior to June 11, 1938, the effective date of the State Lands Act of 1938. (Added by Stats. 1941, Ch. 548.)
  64. 6007.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A repeal under this code does not change existing vested rights, contracts, permits, leases, agreements, or the rights and duties of certain state land purchasers.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6007. The repeal by this code of any provision of law codified herein shall not affect any existing vested rights thereunder or any contract, permit, lease, or agreement entered into under any such provision of law, nor shall it affect the rights or duties of any purchaser of State lands sold prior to the effective date of such codification. (Added by Stats. 1941, Ch. 548.)
  65. 6008.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Certain state lands in and around Humboldt Bay south of the bay entrance may not be sold, except for title or boundary settlements and related exchanges.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6008. In order to protect the public’s access to, and use of, all state-owned lands in Humboldt Bay, no right to the use of any state lands, including, but not limited to, tide and submerged lands, in and adjacent to Humboldt Bay south of the entrance to the bay shall be sold. This section shall not be applicable to settlements of title or boundary problems by the commission or to exchanges in connection therewith. (Amended by Stats. 1987, Ch. 1132, Sec. 2. Effective September 25, 1987.)
  66. 6009.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section states that California’s tidelands and submerged lands are held in public trust, that the state’s control is absolute within that trust, and that grantees must manage granted lands consistently with the public trust.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6009. The Legislature finds and declares all of the following: (a) Upon admission to the United States, and as incident of its sovereignty, California received title to the tidelands, submerged lands, and beds of navigable lakes and rivers within its borders, to be held subject to the public trust for statewide public purposes, including commerce, navigation, fisheries, and other recognized uses, and for preservation in their natural state. (b) The state’s power and right to control, regulate, and utilize its tidelands and submerged lands when acting within the terms of the public trust is absolute. (c) Tidelands and submerged lands granted by the Legislature to local entities remain subject to the public trust, and remain subject to the oversight authority of the state by and through the State Lands Commission. (d) Grantees are required to manage the state’s tidelands and submerged lands consistent with the terms and obligations of their grants and the public trust, without subjugation of statewide interests, concerns, or benefits to the inclination of local or municipal affairs, initiatives, or excises. (e) The purposes and uses of tidelands and submerged lands is a statewide concern. (Added by Stats. 2010, Ch. 330, Sec. 3. (SB 1350) Effective January 1, 2011.)
  67. 6009.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section says granted public trust lands stay under state supervision, and trustees or grantees must follow listed trust duties and common trust principles.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6009.1. The Legislature finds and declares all of the following: (a) Granted public trust lands remain subject to the supervision of the state and the state retains its duty to protect the public interest in granted public trust lands. (b) The state acts both as the trustor and the representative of the beneficiaries, who are all of the people of this state, with regard to public trust lands, and a grantee of public trust lands, including tidelands and submerged lands, acts as a trustee, with the granted tidelands and submerged lands as the corpus of the trust. (c) A grantee may fulfill its fiduciary duties as trustee by determining the application of each of the following duties, all of which are applicable under common trust principles: (1) The duty of loyalty. (2) The duty of care. (3) The duty of full disclosure. (4) The duty to keep clear and adequate records and accounts. (5) The duty to administer the trust solely in the interest of the beneficiaries. (6) The duty to act impartially in managing the trust property. (7) The duty to not use or deal with trust property for the trustee’s own profit or for any other purpose unconnected with the trust, and to not take part in a transaction in which the trustee has an interest adverse to the beneficiaries. (8) The duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property. (9) The duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust. (10) The duty to keep the trust property separate from other property not subject to the trust and to see that the trust property is designated as property of the trust. (11) The duty to take reasonable steps to enforce claims that are part of the trust property. (12) The duty to take reasonable steps to defend actions that may result in a loss to the trust. (13) The duty to not delegate to others the performance of acts that the trustee can reasonably be required to perform and to not transfer the administration of the trust to a cotrustee. If a trustee has properly delegated a matter to an agent, the trustee has a duty to exercise direct supervision over the performance of the delegated matter. (d) All duties endowed upon a trustee of state lands shall depend upon the terms of the trust, and if there is no provision, express or implied, within the terms of the trust, a statute, or a grant, the trustee’s duties shall be interpreted and determined by principles and rules evolved by courts of equity with respect to common trust principles. (e) Notwithstanding any other law, and in addition to any other rights and capacities of a trustee to act under law, a trustee of public trust lands shall have the right to bring any action related to its granted public trust lands, including an action to abate a public nuisance, as a representative of the beneficiaries. (f) Common trust principles do not nullify an act of the Legislature or modify its duty under the California Constitution to do all things necessary to execute and administer the public trust. (Amended by Stats. 2016, Ch. 368, Sec. 11. (SB 859) Effective September 14, 2016.)
  68. 601.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section places the Department of Conservation in the Resources Agency, puts it under a Director of Conservation, and requires the director’s appointment to be made by the Governor and confirmed by the Senate.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 601. There is in the Resources Agency the Department of Conservation. The department shall be conducted under the control of an executive officer known as the Director of Conservation. The director shall be appointed by and hold office at the pleasure of the Governor and shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of the director shall be subject to confirmation by the Senate. (Added by Stats. 1965, Ch. 1144.)
  69. 6010.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Repealing a law in this division does not affect existing vested rights or certain school-land purchasers’ rights.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 1. General Provisions [6001 - 6010] ( Chapter 1 added by Stats. 1941, Ch. 548. ) ## 6010. The repeal of any provision of law codified in this division shall not affect any existing vested rights under those repealed provisions or under any contract, permit, lease, or agreement entered into under those repealed provisions, or the rights of any purchaser of school lands sold before the effective date of that repeal. (Added by Stats. 2020, Ch. 311, Sec. 1. (SB 1472) Effective January 1, 2021.)
  70. 603.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The Department of Conservation takes over specified duties, powers, purposes, responsibilities, and jurisdiction from the Department of Natural Resources and its Director.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 603. The department succeeds to and is vested with all of the duties, powers, purposes, responsibilities, and jurisdiction vested in the Department of Natural Resources or the Director of Natural Resources and exercised by the following divisions of the Department of Natural Resources: Forestry; Mines and Geology; Oil and Gas; and Soil Conservation. Wherever any reference is made to the Department of Natural Resources or to the Director of Natural Resources pertaining to a duty, power, purpose, responsibility, or jurisdiction transferred to the Department of Conservation by this section, it shall be deemed to be a reference to, and to mean, the Department of Conservation or to the Director of Conservation, as the case may be. (Added by Stats. 1965, Ch. 1144.)
  71. 603.1.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The director has the State Geologist’s duties and powers for the California Geological Survey, and may appoint an assistant or deputy director to carry out delegated powers and duties.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 603.1. The director is hereby vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Geologist as Chief of the California Geological Survey of the department. The director may appoint an assistant or deputy director to exercise any powers and duties in the administration of the California Geological Survey that the director may delegate to that person. (Amended by Stats. 2006, Ch. 869, Sec. 8. Effective January 1, 2007.)
  72. 604.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may spend certain appropriated or special-fund money for authorized administrative purposes, and those expenditures must comply with law.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 604. The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office or officer whose duties, powers, and functions have been transferred to and conferred upon the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created. (Added by Stats. 1965, Ch. 1144.)
  73. 605.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must have possession and control of specified records, property, funds, and related assets tied to transferred bodies, offices, and officers.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 605. The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to and conferred upon the department. (Added by Stats. 1965, Ch. 1144.)
  74. 606.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Government Code provisions listed here apply to the director, and the director may appoint needed deputies, officers, and other employees under civil service rules.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 606. The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary. (Added by Stats. 1965, Ch. 1144.)
  75. 607.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must divide its work into at least the listed divisions.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 607. The work of the department shall be divided into at least the following: (a) California Geological Survey. (b) (1) Geologic Energy Management Division. (2) Any reference in any law or regulation to the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation is deemed to, instead, refer to the Geologic Energy Management Division. (c) Division of Land Resource Protection. (d) Division of Mine Reclamation. (Amended by Stats. 2019, Ch. 771, Sec. 6. (AB 1057) Effective January 1, 2020.)
  76. 608.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The director may accept federal grants for department purposes, but only with the Director of Finance’s approval.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 608. The director, with approval of the Director of Finance, may accept on behalf of the various divisions of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government. (Added by Stats. 1965, Ch. 1144.)
  77. 609.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If the department has overpaid or deposited money in error, or a refund is otherwise due, the director must file a claim with the State Controller before the refund is paid, and the State Controller must draw a warrant for payment.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 609. Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose. (Added by Stats. 1965, Ch. 1144.)
  78. 610.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may publish information materials, build and maintain exhibits, perform related functions, and exchange publication copies. Money from publication sales must be paid into the State Treasury for the General Fund, except money from a separate division’s publication sales.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 610. For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform acts and carry on functions, as in the opinion of the director, will best tend to disseminate the information. These publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications. All money received by the department from the sale of publications, exclusive of money received by any separate division of the department from the sale of publications, shall be paid into the State Treasury to the credit of the General Fund. (Amended by Stats. 1988, Ch. 259, Sec. 2.)
  79. 6101.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section establishes a State Lands Commission in the Resources Agency and says who makes up the commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6101. There is a State Lands Commission in the Resources Agency, consisting of the Controller, the Lieutenant Governor, and the Director of Finance. (Amended by Stats. 1975, Ch. 770.)
  80. 6102.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The State Lands Commission takes over specified powers, duties, responsibilities, and jurisdiction from listed predecessor offices and agencies.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6102. The commission is the successor to, and is vested with all the powers, duties, purposes, responsibilities and jurisdiction formerly vested in the Department of Finance as successor to the Surveyor General, Register of the State Land Office, and State Land Office, and of the Division of State Lands in the Resources Agency (formerly in the Department of Conservation). Whenever, by any statute or law now in force or that may be hereafter enacted, a duty or jurisdiction is imposed or authority conferred upon the Surveyor General, Register of the State Land Office, or State Land Office, or upon the Department of Finance as successor thereto, or upon the Chief of the Division of State Lands, or the Division of State Lands, such duty, jurisdiction, and authority are hereby transferred to, imposed and conferred upon the commission and the appropriate officers and employees thereof with the same force and effect as though the title of the State Lands Commission had been specifically set forth and named therein in lieu of the Surveyor General, Register of the State Land Office, State Land Office, Department of Finance, Chief of the Division of State Lands, or Division of State Lands, as the case may be. (Amended by Stats. 1975, Ch. 770.)
  81. 6103.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must administer laws assigned to it through the Division of State Lands. It may appoint division staff and may set their salaries with approval from the Director of Finance.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6103. The commission shall administer all laws and statutes committed to it through the Division of State Lands in the Resources Agency, which division is continued in existence. The commission is vested with all the powers conferred upon heads of departments of the state contained in Article 2 (commencing with Section 11150) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. The commission may appoint and, with the approval of the Director of Finance, may fix the salaries of the officers and employees in the division. (Amended by Stats. 1975, Ch. 770.)
  82. 6103.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The State Lands Commission and the Division of State Lands are moved to the Resources Agency, and old legal references to them are treated as references to their roles in that agency unless context says otherwise.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6103.2. (a) The State Lands Commission and the Division of State Lands are hereby transferred from the Department of Conservation to the Resources Agency, and, as agencies in the Resources Agency, are vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in them as agencies of the Department of Conservation. (b) Any reference in any law to the State Lands Commission or to the Division of State Lands in the Department of Finance or the Department of Conservation shall be considered a reference to the State Lands Commission or to the Division of State Lands, as the case may be, in the Resources Agency unless the context otherwise requires. (Amended by Stats. 1975, Ch. 770.)
  83. 6103.4.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The State Lands Commission and the Division of State Lands may use certain unexpended funds, but only for the purposes originally approved for those funds.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6103.4. The State Lands Commission and the Division of State Lands may, as agencies of the Resources Agency, use the unexpended balances of funds available for use by them as agencies of the Department of Conservation in connection with the performance of the functions vested in them by Section 6103.2 as agencies of the Resources Agency. Such funds shall be used by them only for the purposes for which they were originally appropriated or otherwise made available to them as agencies of the Department of Conservation. (Amended by Stats. 1975, Ch. 770.)
  84. 6103.6.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Certain eligible officers and employees are transferred to the State Lands Commission and the Division of State Lands in the Resources Agency, and their status, positions, and rights are preserved.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6103.6. All officers and employees of the State Lands Commission and the Division of State Lands who, on the operative date of this section, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function of the commission or division as an agency of the Department of Conservation which is vested in the commission or division by Section 6103.2 as an agency of the Resources Agency, shall be transferred to the State Lands Commission and the Division of State Lands in the Resources Agency. The status, positions, and rights of such persons shall not be affected by the transfer, and shall be retained by them as officers and employees of the State Lands Commission and the Division of State Lands in the Resources Agency pursuant to the State Civil Service Act, except as to positions exempt from civil service in the State Lands Commission and the Division of State Lands in the Department of Conservation. (Amended by Stats. 1975, Ch. 770.)
  85. 6103.8.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The State Lands Commission and the Division of State Lands have possession and control of certain records, funds, land, and other property tied to their transferred duties and powers.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6103.8. The State Lands Commission and the Division of State Lands, as agencies of the Resources Agency, shall have the possession and control of all records, papers, offices, moneys, funds, appropriations, lands and other property, real or personal, held for the benefit or use of the State Lands Commission and the Division of State Lands as agencies of the Department of Conservation in connection with the performance of the duties, powers, purposes, responsibilities, and jurisdiction of the State Lands Commission and the Division of State Lands as agencies of the Department of Conservation that are transferred to or vested in them by Section 6103.2 as agencies of the Resources Agency. (Amended by Stats. 1975, Ch. 770.)
  86. 6104.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must meet after due notice to all members, at times and places within the State that it считает necessary for its business.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6104. The commission shall meet, upon due notice to all members thereof, at such times and places within the State as are deemed necessary by it for the proper transaction of the business committed to it. (Added by Stats. 1941, Ch. 548.)
  87. 6105.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must adopt rules for how it conducts its business, and commission actions are only valid if authorized by resolution at a duly noticed meeting with at least two members present.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6105. The commission shall adopt rules governing the conduct of the business of the commission. No action of the commission shall be valid unless authorized by resolution adopted at a meeting after due notice thereof and by at least two of the members of the commission present. (Added by Stats. 1941, Ch. 548.)
  88. 6106.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may, by resolution, authorize its employees or officers to sign instruments in the name of the State.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6106. The commission may, by resolution, authorize any of its employees or officers to execute any instrument in the name of the State. (Amended by Stats. 1941, Ch. 1241.)
  89. 6107.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If the commission makes a settlement or compromise agreement about title or boundary claims, it must submit the agreement to the Governor before it becomes binding.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6107. Whenever the commission, pursuant to authority granted to it by law, enters into any agreement for the compromise or settlement of title or boundary claims, the agreement shall be submitted to the Governor, and if approved by him or her shall thereupon, but not before, be binding upon the state and the other party to the agreement. (Amended by Stats. 2018, Ch. 742, Sec. 8. (SB 1493) Effective January 1, 2019.)
  90. 6108.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may make and enforce reasonable rules and regulations, and take necessary actions, to carry out this division.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6108. The commission may make and enforce all reasonable and proper rules and regulations consistent with law for the purpose of carrying out the provisions of this division and incidental thereto. The commission may prepare, execute, and deliver all papers, instruments, and documents, and may do any and all things necessary fully and completely to effectuate the purposes of this division. (Added by Stats. 1941, Ch. 548.)
  91. 611.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Certain Department of Conservation-related bodies may not adopt or publish a building standard after January 1, 1980, unless the required Health and Safety Code provisions are expressly excepted in the delegating statute.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 611. 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, on and after January 1, 1980, the department, director, the State Geologist, the State Mining and Geology Board, or the California Geological Survey shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of 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 shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such 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. (Amended by Stats. 2006, Ch. 869, Sec. 10. Effective January 1, 2007.)
  92. 6110.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The State Lands Commission may appoint an officer or employee to run required public hearings, but that person cannot make final decisions or change commission rules.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6110. The State Lands Commission may, by resolution, designate an officer or employee of the commission to conduct the public hearings which the commission is required to hold under Sections 126 and 11425 of the Government Code, or any other state law. The designated officer or employee shall act in the commission’s place and stead and the hearings shall be conducted to all intents and purposes as though the commission were actually present. The designated officer or employee shall have no power to adopt, amend, or repeal any rule or regulation of the commission or to make any final determination in the name of the commission. The designated officer or employee shall make a written report to the commission of all relevant matters presented at such hearings and shall transmit to the commission any statements, arguments, or contentions in writing which may be presented. The commission shall not make any finding or declaration nor adopt, amend, or repeal any regulation which has been considered at a public hearing conducted by a designated officer or employee of the commission until the commission has considered at a public meeting the written report of the officer or employee and any statements, arguments, or contentions in writing which may have been presented at the hearing conducted by such officer or employee, together with any statements, arguments, or contentions which may be presented at the public meeting of the commission. (Added by Stats. 1957, Ch. 1906.)
  93. 6111.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The State Lands Commission and the Division of State Lands may not adopt or publish certain building standards after January 1, 1980, unless the statute delegates that authority with specific Health and Safety Code provisions expressly excepted.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 2. The State Lands Commission and the Division of State Lands [6101 - 6111] ( Chapter 2 added by Stats. 1941, Ch. 548. ) ## 6111. 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, on and after January 1, 1980, the State Lands Commission or the Division of State Lands shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of 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 shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such 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. (Added by Stats. 1979, Ch. 1152.)
  94. 612.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must prepare, update, and maintain Important Farmland Series maps and related soils and land capability information, and maintain an automated map and database system for agricultural land-use changes.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 612. The department shall prepare, update, and maintain Important Farmland Series maps as defined in subdivision (f) of Section 65560 of the Government Code and other soils and land capability information, and prepare and maintain an automated map and data base system to record and report changes in the use of agricultural lands. (Amended by Stats. 2017, Ch. 434, Sec. 9. (SB 732) Effective January 1, 2018.)
  95. 612.5.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must provide financial assistance for unfinished soil surveys and consider listed criteria when allocating survey funds.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 612.5. (a) The Legislature hereby finds and declares all of the following: (1) It is in the state’s public interest to have an accurate inventory of the state’s soil resources. (2) In California, the United States Soil Conservation Service has been responsible for undertaking soil surveys and soils information for many of California’s agricultural counties is outdated or unavailable. (3) Information on soils is needed for agricultural management, water and soil conservation activities, engineering and land use planning, and state and local policy decisions. Completion of the California Farmland Mapping and Monitoring Program is contingent upon availability of accurate, modern soil surveys. (4) State funding of soil surveys has been limited to soil vegetation surveys on wildlands and no state contributions have been made toward the completion of modern soil surveys in California on cropland. In recent years, every state with incomplete soil surveys on farmland, except California, has cost-shared with the United States Soil Conservation Service to complete those surveys. (5) Federal funding for the soil survey program of the United States Soil Conservation Service has been declining in real dollars in the past several years and is projected to be further reduced under the requirements of the Gramm-Rudman-Hollings Deficit Reduction Act. (6) Therefore, it is in California’s interest to authorize the department to assist the United States Soil Conservation Service with the completion of soil surveys. (b) The department shall provide financial assistance to the United States Soil Conservation Service to undertake or complete soil surveys in areas of this state where the surveys have not been completed, including, but not limited to, portions of the Counties of San Joaquin, Yuba, Colusa, Butte, Fresno, Kern, Tulare, Stanislaus, and Lassen. Financial assistance shall be applied to field work that includes onsite soils mapping, report writing, manuscript preparation, and final correlation of soils data. (c) In allocating funds for completion of soil surveys in the United States Soil Conservation Service soil survey areas in California, the department shall consider criteria that include, but are not limited to, all of the following: (1) Voids in important farmland maps. (2) Rate and type of land use changes. (3) Extent of erosion, alkalinity, and other soil resource problems. (4) Farm-gate value of agricultural production. (5) Specific soil-related problems. (6) Status of ongoing soil surveys. (7) Extent of cropland in each county. (8) Availability of local funding or other support. (Amended by Stats. 2004, Ch. 193, Sec. 159. Effective January 1, 2005.)
  96. 613.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may help local agencies with geobased natural resource information systems, and local agencies that request help must reimburse the department’s identifiable costs.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 613. The department, through the California Resources Information System and as budgetary resources permit, may provide informational assistance to local agencies in the development of geobased natural resource information systems. In addition, the department may assist local agencies in securing geobased natural resource information from state agencies. Local agencies requesting assistance shall reimburse the department for identifiable costs incurred by the department pursuant to this section. (Added by Stats. 1982, Ch. 221, Sec. 1.)
  97. 614.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may advise, review, administer programs, act as a liaison, provide assistance, and coordinate with public agencies on conservation matters.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 614. The department may do any of the following: (a) Advise a city, county, city and county, special district, including a resource conservation district, state agency, federal agency, tribal agency, and the general public on issues of conservation importance, including, but not limited to, planning activities and documents. (b) Review and provide comments to documents prepared in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (c) Administer local assistance programs, including grants and contracts. (d) Serve as a state-level liaison with resource conservation districts. (e) Provide assistance to resource conservation districts, including, but not limited to, equipment, technology, training, education, technical assistance, financial assistance, assistance to support or improve the district’s organization or capacity, and any other goods or services. (f) Cooperate with and promote coordination of the activities of any federal, state, local, or tribal agency, including cities, counties, special districts, including resource conservation districts, and California Native American tribes on issues of conservation importance. (Repealed and added by Stats. 2022, Ch. 585, Sec. 2. (AB 1902) Effective January 1, 2023.)
  98. 615.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Department-administered grants are exempt from the State Contract Act and from specified Military and Veterans Code provisions.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 615. Grants administered by the department, including, but not limited to, those awarded pursuant to Division 9 (commencing with Section 9001), Division 10.2 (commencing with Section 10200), and Division 12.1 (commencing with Section 14500), are not subject to the State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code) or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (Amended by Stats. 2019, Ch. 469, Sec. 5. (SB 785) Effective January 1, 2020.)
  99. 617.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may give grants and other local assistance to resource conservation districts if the Legislature appropriates money or other appropriated funds become available for that purpose.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Department of Conservation [600 - 690] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [600 - 617] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 617. Upon an appropriation by the Legislature, or as other funds become available and are appropriated for these purposes, the department may provide grants and other forms of local assistance to resource conservation districts. (Added by Stats. 2022, Ch. 585, Sec. 3. (AB 1902) Effective January 1, 2023.)
  100. 6201.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may classify state land and may require certain state departments or other state entities to do the classification and report it.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6201. The commission may periodically classify any or all state land for its different possible uses, and, when it is deemed advisable, may require the Department of Parks and Recreation, the Department of Conservation, the Department of Food and Agriculture, or any other officer, organization, agency, or institution of the state government to make that classification. It is the duty of any such officer, organization, agency, or institution to make that classification and to submit a report thereon upon the application of the commission. (Amended by Stats. 2018, Ch. 742, Sec. 9. (SB 1493) Effective January 1, 2019.)
  101. 6202.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may survey and subdivide certain state lands, and the county recorder must file the commission’s maps without cost to the state.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6202. The commission may make surveys and subdivisions of lands belonging to the state to be sold, leased, or to have the boundary established, and the county recorder shall file maps thereof, made by the commission, without cost to the state. Such maps shall be the official maps of the surveys and subdivisions, and all patents, leases, or boundary line agreements issued for the lands shall refer to the maps so filed. Such maps of state lands shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. If ink is used on a polyester base film, the ink surface shall be coated with a suitable substance to insure permanent legibility. The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entire blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheets and the total number of sheets comprising the map shall be stated on each of the sheets and its relationship to each adjoining sheet shall be clearly shown. (Amended by Stats. 1971, Ch. 1594.)
  102. 6203.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must send each county assessor a certified list of relevant state-sold lands or lots by the first Monday in March each year.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6203. On or before the first Monday in March in each year, the commission shall make out and transmit to the assessor of each county where lands or lots lie that have been sold by the State, for which certificates of purchase, patents, or deeds have issued, during the year preceding, certified lists of such lands or lots, giving a description of the lands or lots, the names of the purchasers, and the amount of principal unpaid, if any, on the first Monday in March. (Added by Stats. 1941, Ch. 548.)
  103. 6204.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must survey and mark county and city boundary lines when required.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6204. The commission shall, when required, survey and mark the boundary lines of counties and cities. (Added by Stats. 1941, Ch. 548.)
  104. 6206.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must provide the required record books and have all lists or patents for lands from the United States recorded in them.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6206. The commission shall provide the necessary record books and cause all lists or patents for lands from the United States to be recorded therein. (Added by Stats. 1941, Ch. 548.)
  105. 6206.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may apply to the U.S. Department of the Interior for patents for numbered school sections in place and may accept patents, if done under the cited 1934 federal act.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6206.5. The commission is hereby empowered to apply to the United States Department of the Interior for patents to the numbered school sections in place and to accept patents, in accordance with an act of Congress approved June 21, 1934 (Public No. 440-73d Congress) entitled “An Act Authorizing the Secretary of the Interior to issue patents to the numbered school sections in place, granted to the States by the act approved February 22, 1889, by the act approved January 25, 1927 (44 Stat. 1026), and by any other act of Congress.” (Amended by Stats. 2009, Ch. 643, Sec. 32. (SB 832) Effective November 2, 2009.)
  106. 6207.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must keep separate accounts and records for each class of lands the State is entitled to.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6207. The commission shall keep separate accounts and records in relation to each class of lands to which the State is entitled, which shall show: (a) The number of the survey or location, and the date of the approval. (b) The name of the locator, the description of the lands by legal subdivisions, the price per acre at which they are sold, the amount paid, the date of payment, and the number and date of the certificate of purchase. (c) The date of the patent, when it has been issued. (Added by Stats. 1941, Ch. 548.)
  107. 6208.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must keep plats of the lands and mark all approved locations and surveys by number on them.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6208. The commission shall also keep plats of such lands, upon which all approved locations and surveys shall be designated by their numbers. (Added by Stats. 1941, Ch. 548.)
  108. 6209.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    When a certificate of purchase or a patent is issued, that fact must be noted on the plats.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6209. When certificates of purchase or patents are issued, the fact shall be noted on the plats. (Added by Stats. 1941, Ch. 548.)
  109. 6210.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must represent the State in contests with the United States about public lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210. The commission shall represent the State in all contests between it and the United States in relation to public lands. (Added by Stats. 1941, Ch. 548.)
  110. 6210.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If the commission wants to take testimony under the specified federal land-title law, it must ask the United States Supervisor of Surveys to set the place and time, and it may require the Attorney General to attend and represent the State. Travel expenses under this section are capped at $1,500 per year.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.1. When the commission desires to take testimony under the provisions of the act of Congress to quiet land titles in California, passed July 23, 1866, or any act amendatory or supplementary thereof, it shall request the United States Supervisor of Surveys to fix a place, convenient of access by the witnesses, and the time for taking such testimony. It may require the Attorney General to attend and represent the State at the taking of such testimony. Not more than one thousand five hundred dollars ($1,500) shall be allowed in any one year for traveling expenses pursuant to this section. (Added by Stats. 1951, Ch. 655.)
  111. 6210.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may take public lands off the market and may later return withdrawn land, or other public lands, to sale.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.2. The commission may withdraw from sale any of the public lands belonging to the State and may restore any or all public lands so withdrawn, or other public lands, for sale. (Added by Stats. 1941, Ch. 1241.)
  112. 6210.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may grant easements and rights-of-way to the Department of Transportation over state public lands for highways and for protecting highways from natural damage.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.3. The commission may grant easements and rights-of-way to the Department of Transportation to or over any of the public lands of the state for the purposes of rights-of-way for highways and for use in protecting highways from damage or destruction by natural forces. (Amended by Stats. 1975, Ch. 1205.)
  113. 6210.4.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State-owned lands near navigable water may not be sold, leased, or rented unless an easement for convenient access to the water is reserved for the people of the State.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.4. No lands owned by the State which lands front upon or are near to any lake, navigable stream or other body of navigable water, convenient access to which is not provided by public road or roads, or otherwise, shall ever be sold, leased or rented, without reserving to the people of the State an easement across the lands for convenient access to such waters. (Added by renumbering Section 6210.3 (as amended by Stats. 1947, Ch. 887) by Stats. 1949, Ch. 269.)
  114. 6210.4a

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State land conveyances must be subject to any existing State-issued easements or rights-of-way.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.4a. All conveyances by the State of the sixteenth and thirty-sixth sections, or lands acquired in lieu thereof, or of swamp and overflowed lands shall be made subject to any existing easements or rights-of-way issued by the State prior to the time of conveyance. (Amended by Stats. 1959, Ch. 240.)
  115. 6210.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State-owned lands that are the only convenient access to other state lands cannot be sold, leased, or rented unless an easement for convenient access is reserved.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.5. No lands owned by the State, which lands provide the only convenient means of access to other lands owned by the State, shall ever be sold, leased or rented without reserving therefrom to the State and its successors in interest in the other lands, an easement for convenient access to the other lands. (Added by renumbering Section 6210.4 by Stats. 1949, Ch. 269.)
  116. 6210.6.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission does not have to reserve an easement on school lands if it decides selling the land without the easement is in the state’s best interests.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.6. Notwithstanding Section 6210.5, the commission is not required to reserve an easement on school lands if it determines that selling the school lands without the easement is in the best interests of the state. (Added by Stats. 2021, Ch. 715, Sec. 3. (AB 1390) Effective January 1, 2022.)
  117. 6210.7.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may amend or terminate a lease, easement, or contract under its jurisdiction if the other party consents.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.7. The commission may amend or terminate any lease, easement, or contract under its jurisdiction, with the consent of the other party thereto. (Added by renumbering Section 6210.6 by Stats. 1951, Ch. 332.)
  118. 6210.8.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If a navigable river or slough has been abandoned and is no longer useful for navigation, the commission may sell or exchange the abandoned channel to certain eligible parties, and must send the patent to the Governor with a compliance certificate.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.8. Whenever a navigable river or slough becomes abandoned and is no longer useful for navigation, the commission may sell, for cash, or exchange for lands having equal or greater value, such abandoned river or slough channel to the abutting property owners or to anyone having an equitable interest therein. A patent for the land sold shall be issued in the name of the applicant. The commission shall send the patent to the Governor, together with a certificate stating that the laws in relation thereto have been complied with, that payment in full has been made, and that the person named in the prepared patent is entitled to it. The patent so issued shall inure to the benefit of the assigns, grantees, or successors in interest of said original applicant. (Amended by Stats. 1975, Ch. 1205.)
  119. 6210.9.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If the commission has certain public land with no access, it may acquire a right-of-way or easement across private or other land to provide access.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6210.9. If the commission has public land, including school land, tide or submerged lands, and lands subject to the public trust for commerce, navigation, and fisheries, to which there is no access available, it may, in the name of the state, acquire by purchase, lease, gift, exchange, or, if all negotiations fail, by condemnation, a right-of-way or easement across privately owned land or other land that it deems necessary to provide access to such public land. (Amended by Stats. 1975, Ch. 1205.)
  120. 6211.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may manage timber harvesting on certain state lands, but it cannot sell timber to specified buyers who use it in prohibited ways, and buyers who violate the rule can be barred from future purchases for five years.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6211. (a) Whenever a parcel of timbered land under the jurisdiction of the commission is totally surrounded by, or is contiguous to, a national forest or a state forest, the commission may, if it is in the best interests of the state to do so, and after 10 days’ prior notice to the Secretary of the Resources Agency for the receipt of comments, provide for the harvesting of timber from that land at the same time as the orderly harvesting of the surrounding or adjacent federal-owned or state-owned timber is conducted. In carrying out this section, the commission may enter into agreements with the United States or the Department of Forestry and Fire Protection for the inclusion of timbered lands under the jurisdiction of the commission within a total parcel to be offered for timber harvesting contracts. (b) Notwithstanding any other provision of law, timber from lands under the jurisdiction of the commission shall not be sold to any California division of a primary manufacturer, or to any person for resale to a primary manufacturer, who does either of the following: (1) Uses that timber at any plant not located within the United States, unless it is sawn on four sides to dimensions not greater than 4 inches by 12 inches. (2) Within one year prior to the bid date and one year after the termination of the contract, sells unprocessed timber which is harvested from private timberlands and is exported into foreign commerce. For the purposes of this section, “unprocessed timber” has the same meaning as set forth in subdivision (d) of Section 4650.1. (c) Any purchaser of timber from lands under the jurisdiction of the commission who makes use of the timber in violation of paragraph (1) of subdivision (b) is prohibited from making any further purchases of timber from any such lands for a period of five years. (d) The commission may adopt appropriate regulations to prevent the substitution of timber from lands under its jurisdiction for timber exported from private timberlands. (Amended by Stats. 2001, Ch. 745, Sec. 176. Effective October 12, 2001.)
  121. 6212.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must run a coastal hazard and legacy oil and gas well remediation program, report on it on a set schedule, and may accept qualifying gifts or donations to support the work.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6212. (a) Upon appropriation of moneys by the Legislature for the purposes of this section, the commission shall, within two years, administer a coastal hazard and legacy oil and gas well removal and remediation program to do all of the following: (1) Complete an assessment of legacy oil and gas wells and other coastal hazards along the California coastline, including conducting aerial surveys and dives, and determining high-priority hazards and legacy oil and gas wells to remediate. (2) Survey, study, and monitor oil seepage in state waters and tidelands under its jurisdiction to determine oil seepage locations, rates, and environmental impacts, and partner with experts to facilitate innovative solutions. (3) In cooperation with the Geologic Energy Management Division, begin the process of remediating improperly abandoned legacy oil and gas wells that have a high risk of leaking oil and are hazardous to public health and safety and the environment. (b) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the commission may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in actions undertaken pursuant to subdivision (a). (c) (1) On or before January 1 of each year, until January 1, 2026, the commission shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, on the activities and accomplishments of the program for the prior year. The commission may include this information in the annual report it submits pursuant to Section 8618. (2) (A) On or before January 1, 2027, the commission shall submit a report to the appropriate policy and fiscal committees in the Legislature, including, at minimum, all of the following: (i) The Senate Committee on Natural Resources and Water. (ii) The Senate Committee on Environmental Quality. (iii) The Senate Committee on Appropriations. (iv) The Senate Budget Subcommittee 2 on Resources, Environmental Protection, Energy and Transportation. (v) The Assembly Committee on Natural Resources. (vi) The Assembly Committee on Appropriations. (vii) The Assembly Budget Subcommittee 3 on Resources and Transportation. (B) The report submitted pursuant to this paragraph shall cover the life of the program and shall include information necessary to aid the Legislature in determining the effectiveness of the coastal hazard and legacy oil and gas well removal and remediation program and the extent to which funding for the program should be reauthorized. At minimum, the report shall include the following information: (i) Activities and accomplishments of the program. (ii) Implementation challenges and, to the extent available, potential solutions to these challenges. (iii) Program expenditures. (iv) The amount of any gift, bequest, devise, or donation accepted by the commission on behalf of the state pursuant to subdivision (b), and the name, location, and organization type of the donor. The commission may provide aggregate information for some or all of the donations, if appropriate, as determined by the commission. (v) Recommendations on whether the program should be reauthorized, any changes that should be included in the reauthorizing legislation, and activities and priorities for the program after July 1, 2028, if the program is reauthorized. (d) The commission shall prioritize its activities under this section based on available resources. (e) For purposes of this section the following definitions apply: (1) “Coastal hazards” are legacy oil and gas wells and human-made structures that have been orphaned, including piers, jetties, groins, seawalls, and facilities associated with past oil extraction and other operations, that pose a hazard to public health and safety. Coastal hazards may include, but are not limited to, wood or steel piles or piling, sheet metal pilings, H piles and H beams, well casings, well caissons, railroad irons, cables, angle bars, pipes, pipelines, rip rap, and wood beams and structures. (2) “Legacy oil and gas wells” are wells drilled before current abandonment standards, where there is little or no information on the well’s abandonment procedure and there is no viable company with the responsibility to reabandon the well should it start leaking or pose a threat to the environment or to public health and safety. (f) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed. (Amended by Stats. 2019, Ch. 771, Sec. 17. (AB 1057) Effective January 1, 2020. Inoperative July 1, 2028. Repealed as of January 1, 2029, by its own provisions.)
  122. 6212.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may issue permits for taking cores or other samples on or under lands under its jurisdiction, subject to rules it prescribes.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6212.2. The commission may, under such rules and regulations as it may prescribe, issue permits for the taking of cores or other samples by means of drilling operations or other methods on or under any lands under the jurisdiction of the commission for the purpose of obtaining geological information to be used in assessing the nature and extent of any mineral interest reserved to the state, preparing environmental documents, locating nuclear or other energy-related plant sites, making soil surveys, conducting foundation exploration and oceanographic research, and making studies of geological hazards, flood control, harbor works, and other similar matters not involving an activity of commercial exploration or exploitation. (Added by Stats. 1978, Ch. 747.)
  123. 6212.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may permit geophysical surveys on state lands, set permit terms, and must adopt regulations; it may also use specified compliance measures.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6212.3. (a) The commission may authorize, by permit, the conduct of geophysical surveys on state lands under its jurisdiction, including granted and ungranted tidelands and submerged lands and the beds of navigable waterways, subject to terms and conditions as the commission shall specify to ensure public safety and protection of the environment. (b) No permit shall be required by the commission for any geophysical survey performed in support of dredging to maintain or increase the depth of navigation channels, anchorages, or berthing areas. (c) The commission shall adopt regulations to aid in the implementation of subdivision (a). The regulations shall include conditions that address and minimize the potential impacts to aquatic life or to the marine and coastal environment that might arise from geophysical surveys performed on state lands under its jurisdiction, including granted and ungranted tidelands and submerged lands and the beds of navigable waterways. (d) The commission may promote compliance with the permit requirements through appropriate actions, including any of the following: (1) Providing educational outreach to increase awareness of permitting regulations and enforcement actions. (2) Making a toll-free telephone number available to the public to report permit violators. (3) Issuing cease and desist orders to permit violators. (Added by Stats. 2015, Ch. 600, Sec. 2. (AB 1274) Effective January 1, 2016.)
  124. 6213.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If a court’s final decree shows state-sale land title was fraudulently obtained or pursued unlawfully, the commission must cancel title evidence and restore the land to public entry.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6213. Whenever it appears by final decree of any court of competent jurisdiction that title to any land subject to sale by the State was obtained, or sought to be obtained, by fraudulent means, or in any manner contrary to the laws of this State relating to the acquisition of its public domain, all payments made in the interest of the fraudulent title shall revert to the State without suit. The commission shall thereupon cancel all evidence of title to any such land and shall restore the land to public entry. (Added by Stats. 1941, Ch. 548.)
  125. 6213.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must negotiate with the Martins Beach property owners to seek a right-of-way or easement for public shoreline access, and it may later acquire one if negotiations fail by January 1, 2016. The commission must also consult local stakeholders about managing any property acquired under this section.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6213.5. (a) (1) The commission shall consult, and enter into any necessary negotiations, with the owners of the property known as Martins Beach, consisting of two parcels of land, APN: 066-330-230 and APN: 066-330-240, in the unincorporated area of the County of San Mateo, to acquire a right-of-way or easement, pursuant to Section 6210.9, for the creation of a public access route to and along the shoreline, including the sandy beach, at Martins Beach at the South Cabrillo Highway. (2) This section does not prohibit the owners of the property from voluntarily providing public access to and along the shoreline at Martins Beach upon terms acceptable to the commission. (b) If the commission is unable to reach an agreement to acquire a right-of-way or easement or the owners do not voluntarily provide public access pursuant to subdivision (a) by January 1, 2016, the commission may acquire a right-of-way or easement, pursuant to Section 6210.9, for the creation of a public access route to and along the shoreline, including the sandy beach, at Martins Beach at the South Cabrillo Highway, in accordance with the procedures set forth in Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure. (c) The commission shall consult and enter into negotiations with local stakeholders, including, but not limited to, nonprofit entities and local and regional governments and governmental entities, to address the ongoing management and operation of any property acquired pursuant to this section. (Added by Stats. 2014, Ch. 922, Sec. 1. (SB 968) Effective January 1, 2015.)
  126. 6214.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must charge and collect fees, under its rules and regulations, for the listed services.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6214. Fees shall be charged and collected by the commission pursuant to its rules and regulations for the following: (a) Certificates of purchase or duplicates thereof, (b) Patents and certified copies of records thereof, (c) For certifying a contested case to superior court, (d) For certifying copies of papers, (e) Such other fees as are allowed by law. (Amended by Stats. 1968, Ch. 981.)
  127. 6215.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may make agreements about certain State-reserved mineral lands, and may approve including those lands in a cooperative or unit development plan if the stated conditions are met.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6215. As to lands heretofore sold by this State with a reservation to the State of a one-sixteenth interest in the oil and gas or other minerals therein, pursuant to Chapter 303 of the Statutes of 1921, and where it appears that there are or may be deposits of oil and gas in such lands the commission may enter into agreements with respect thereto in the manner provided by Section 6815 of this code with respect to lands owned by the State, or the commission may consent to the inclusion of such lands with the lands of other persons under a cooperative or unit plan of development or operation of a pool or field if it appears that the purpose of such plan is the conserving of the natural resources of any single oil or gas pool or field and if it is determined by the commission to be necessary or advisable in the public interest. (Added by Stats. 1941, Ch. 685.)
  128. 6216.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section describes the State Lands Commission’s powers and jurisdiction over state lands and related resources.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6216. This section is enacted for the purpose of declaring the scope and extent of the powers, duties, purposes, responsibilities and jurisdiction of the State Lands Commission, but nothing herein shall be construed as limiting any power, duty, purpose, responsibility or jurisdiction heretofore or by this code vested in or conferred upon the commission. (a) Upon the enacting of the State Lands Act of 1938 the Legislature intended to and did vest in the commission all those powers, duties, purposes, responsibilities and jurisdiction of the Department of Finance as set forth in Section 6102 of this code, and of the Chief of the Division of State Lands, and the Division of State Lands, including the full authority, as provided by law, to administer, sell, lease or dispose of the public lands owned by this state or under its control, including not only school lands but tidelands, submerged lands, swamp and overflowed lands, and beds of navigable rivers and lakes. The commission was further authorized to provide for the extraction of minerals and oil and gas from any or all of such lands, but its authority and jurisdiction over such lands was not and is not now limited thereto. (b) The provisions of Section 48 of the State Lands Act of 1938, added thereto by Chapter 646 of the Statutes of 1939, as codified in Section 6301 of this code, shall hereafter supersede and control over any other provisions of law, whether general or special, relating to any tidelands or submerged lands or the beds of navigable rivers, streams, lakes, bays, estuaries, inlets or straits, without regard to whether any of such lands contain or may contain oil, gas or other minerals, and any such other provisions of law in conflict therewith are repealed. (c) Any and all acts of the State Lands Commission heretofore performed by it in pursuance of Section 48 of the State Lands Act of 1938 are hereby confirmed, ratified and validated, without regard to whether the lands affected thereby contain or might contain oil, gas or other minerals. (Amended by Stats. 1970, Ch. 607.)
  129. 6216.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may remove, or cause to be removed, artificial structures or obstructions from ungranted lands under its jurisdiction if it decides removal is appropriate and the Attorney General says there is no legal way to compel other responsible parties to do it.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6216.1. The commission may remove or cause to be removed any artificial structures or obstructions from ungranted lands under its jurisdiction if the commission determines that the removal is appropriate and the Attorney General advises that there is no legal recourse to compel other responsible parties to effect that removal. (Amended by Stats. 2018, Ch. 742, Sec. 10. (SB 1493) Effective January 1, 2019.)
  130. 6216.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may make rules for noncommercial hobby mineral collection from state lands if that serves the state’s best interests.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6216.5. The commission may prescribe such rules and regulations for the noncommercial hobby collection of minerals from state lands as are in the best interests of the state. Nothing in this section shall prevent other state agencies from setting more definitive limits on hobby collecting on lands over which they have a proprietary interest. (Added by Stats. 1975, Ch. 313.)
  131. 6217.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must deposit covered revenue into the General Fund, with stated exceptions, and certain amounts must be made available each fiscal year, including Land Bank Fund transfers in specified years.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6217. With the exception of revenue derived from state school lands and from sources described in Sections 6217.6, 6301.5, 6301.6, 6855, and Sections 8551 to 8558, inclusive, and Section 6404 (insofar as the proceeds are from property that has been distributed or escheated to the state in connection with unclaimed estates of deceased persons), the commission shall deposit all revenue, money, and remittances received by the commission under this division, and under Chapter 138 of the Statutes of 1964, First Extraordinary Session, in the General Fund. Out of those funds deposited in the General Fund, sufficient moneys shall be made available each fiscal year for the following purposes: (a) Payment of refunds, authorized by the commission, out of appropriations made for that purpose. (b) Payment of expenditures of the commission as provided in the annual Budget Act. (c) Payments to cities and counties of the amounts specified in Section 6817 for the purposes specified in that section, out of appropriations made for that purpose. (d) Payments to cities and counties of the amounts agreed to pursuant to Section 6875, out of appropriations made for that purpose. (e) (1) For the 2018–19 fiscal year, the sum of two million dollars ($2,000,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard and legacy oil and gas well removal and remediation program provided in Section 6212. (2) For each fiscal year from the 2019–20 fiscal year to the 2027–28 fiscal year, inclusive, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the commission’s coastal hazard and legacy oil and gas well removal and remediation program provided in Section 6212 to two million dollars ($2,000,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard and legacy oil and gas well removal and remediation program provided in Section 6212. (Amended by Stats. 2017, Ch. 645, Sec. 3. (SB 44) Effective January 1, 2018.)
  132. 6217.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section controls how certain salmon and steelhead trout conservation funds must be spent and how the grant program is overseen.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6217.1. (a) This section and the process described in this section governs the expenditure of any funds received by the State of California from the federal government for the purposes of salmon and steelhead trout conservation and restoration, the expenditure of funds authorized for the Coastal Watershed Salmon Habitat Program pursuant to Article 7 (commencing with Section 79104.200) of Chapter 6 of Division 26 of the Water Code, and the expenditure of funds appropriated to the Department of Fish and Game for salmon and steelhead trout conservation and restoration from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund pursuant to Article 5 (commencing with Section 5096.650) of Chapter 1.696 of Division 5 of the Public Resources Code. (b) For purposes of this section, “project” means an activity that improves fish habitat in coastal waters utilized by salmon and anadromous trout species. (c) (1) The Department of Fish and Game shall grant funds from the Salmon and Steelhead Trout Restoration Account in the Resources Trust Fund, as follows: (A) At least 87.5 percent of the funds shall be allocated as project grants through the existing grant program operated by the fisheries management program of the Department of Fish and Game. (B) Not more than 12.5 percent of the funds may also be used for project contract administration activities and biological support staff. (2) (A) A project shall require the consent of a willing landowner, and emphasize the development of coordinated watershed improvement activities. (B) Projects that restore habitat for salmon and anadromous trout species that are eligible for protection as listed or candidate species under state or federal endangered species acts shall be given top funding priority. (C) Projects shall be cost-effective and treat causes and not symptoms of fish habitat degradation. Projects may implement instream, riparian, water quality, water quantity, and watershed prescriptions and shall be designed to restore the structure and function of fish habitat. (3) Any grant funds allocated to a project that exceed the actual cost of completing the project shall be returned to the Salmon and Steelhead Trout Restoration Account. (d) (1) A citizen’s advisory committee shall be appointed by the Director of Fish and Game to give advice on the grant program. (2) The advisory committee shall consist of seven representatives recommended by the California Advisory Committee on Salmon and Steelhead Trout, one representative from the agriculture industry, one representative from the timber industry, one representative of public water agency interests, one academic or research scientist with expertise in anadromous fisheries restoration, and three county supervisors from coastal counties in which anadromous trout exist. The county supervisor members shall be recommended by the California State Association of Counties. (3) The advisory committee shall provide oversight of, and recommend priorities for, grant funding under this section. In making funding decisions, the Department of Fish and Game shall consider the project selection priorities established by the advisory committee. (4) Members of any advisory committee established for these purposes shall be reimbursed for travel and incidental expenses related to the performance of their duties under this section. Reimbursement for the advisory committee created pursuant to this section shall be made from the funds designated in subparagraph (B) of paragraph (1) of subdivision (c). Reimbursement for other Department of Fish and Game salmon and steelhead trout advisory committees shall be funded by appropriate sources. (5) If a member of the advisory committee, or a member of his or her immediate family, is employed by a grant applicant, the employer of a grant applicant, or a consultant or independent contractor employed by a grant applicant, the advisory committee member shall make that disclosure to the other members of the committee, and shall not participate in reviewing or making recommendations on the grant application of that applicant. (e) Except as provided in subdivision (f), the money in the Salmon and Steelhead Trout Restoration Account shall be allocated as follows: (1) Not less than 65 percent of the money shall be used for salmon habitat protection and restoration projects. Of that amount, at least 75 percent shall be used for watershed (upslope) and riparian area protection and restoration activities. These activities may include, but are not limited to, grants to acquire and install fish screens to protect juvenile and adult salmon and steelhead trout from entrapment in water diversions, and grants to remove substandard culverts, stream crossings, and bridges that constitute barriers to spawning of salmon and steelhead trout and passage of fish. These funds may also be used for the acquisition, from willing sellers, of conservation easements for riparian buffer strips along coastal rivers and streams to protect salmon and steelhead trout habitat or for projects that protect and improve water quality and quantity. (2) Up to 35 percent of the money shall be allocated for any of the uses listed in this paragraph. (A) Watershed evaluation, assessment, and planning necessary to develop a site-specific and clearly prioritized plan to implement watershed improvements. (B) Multiyear grants for watershed planning and project monitoring and evaluations. (C) Watershed organization support and assistance. (D) Project maintenance and monitoring after the project implementations are complete. (E) Public school watershed and fishery conservation education projects. (F) Private sector technical training and education project grants, including teaching private landowners about practical means of improving land and water management practices that, if implemented, will contribute to the protection and restoration of salmon stream habitat; scholarship funding for workshops and conferences that teach restoration techniques; operation of nonprofit restoration technical schools; and production of restoration training and education workshops and conferences. (G) Fish and wildlife habitat improvements, as defined by Section 4793, and authorized under the California Forestry Incentive Program (CFIP). (H) The salmon restoration project of the California Conservation Corps. (I) The state’s share of the federal Watershed Stewards Program. (J) Monitoring projects that utilize protocols approved by the Department of Fish and Game and the National Marine Fisheries Service (NMFS) to provide baseline or trend data, or both, for anadromous fish populations or the physical and biological factors known to be limiting recovery. (K) Artificial propagation programs designed to restore depleted stocks of salmonids that comply with the directives of the joint Department of Fish and Game and NMFS Hatchery Operations Review Committee. (f) The advisory committee, in any fiscal year, may make a recommendation to the Department of Fish and Game to allocate money from the Salmon and Steelhead Trout Restoration Account for the purposes stated in subdivision (e), but in different percentage requirements than the 65/35 split stated in paragraphs (1) and (2) of that subdivision. Following that recommendation, the Director of Fish and Game may suspend the percentage requirements stated in paragraphs (1) and (2) of subdivision (e) for that fiscal year only. (Amended by Stats. 2002, Ch. 600, Sec. 1. Effective January 1, 2003.)
  133. 6217.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    For projects funded under the Coastal Watershed Salmon Habitat Program, a disbursement to liquidate an encumbrance may be made before or during the four years after the last day money is available for encumbrance.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6217.2. Notwithstanding Section 16304.1 of the Government Code, a disbursement in liquidation of an encumbrance for a project funded pursuant to the Coastal Watershed Salmon Habitat Program, as identified in Section 6217.1, may be made before or during the four years following the last day an appropriation is available for encumbrance. (Added by Stats. 2003, Ch. 734, Sec. 1. Effective January 1, 2004.)
  134. 6217.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section allocates bond money for coastal fishery restoration projects and limits how much may be spent on the Coastal Salmonid Monitoring Plan.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6217.3. (a) The Legislature finds and declares all of the following: (1) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative approved by the voters at the November 7, 2006, statewide general election, makes available the sum of one hundred eighty million dollars ($180,000,000) in bond funds for bay-delta and coastal fishery restoration projects. (2) Of the funds made available, up to forty-five million dollars ($45,000,000) is available for coastal salmon and steelhead fishery restoration projects that support the development and implementation of species recovery plans and strategies for salmonid species listed as threatened or endangered under state or federal law. (b) From the forty-five million dollars ($45,000,000) available for coastal salmon and steelhead fishery restoration projects pursuant to subdivision (a) of Section 75050, five million two hundred ninety-three thousand dollars ($5,293,000) is appropriated to the Department of Fish and Game for the purposes of coastal salmon and steelhead fishery restoration projects, including the Coastal Salmonid Monitoring Plan. The Department of Fish and Game shall not allocate more than two million five hundred twenty thousand dollars ($2,520,000) of these funds for the Coastal Salmonid Monitoring Plan. (c) (1) Except for the funds annually appropriated for the Coastal Salmonid Monitoring Plan, and as provided in paragraph (3), the process governing the expenditure of funds described in Section 6217.1 shall be applied to the expenditure of funds available for coastal salmon and steelhead fishery restoration projects pursuant to subdivision (a) of Section 75050 that are allocated by the Department of Fish and Game pursuant to subdivision (b). (2) The funds annually allocated to the Coastal Salmonid Monitoring Plan are exempt from the requirements of Section 6217.1. (3) If there is a conflict between a provision of this section and a provision of Division 43 (commencing with Section 75001), the provision of Division 43 shall govern. (Amended by Stats. 2008, Ch. 760, Sec. 15. Effective September 30, 2008.)
  135. 6217.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Revenues, money, and remittances from school lands and lieu lands must be deposited in the State Treasury for the Teachers’ Retirement Fund, except amounts distributed under Section 3826.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6217.5. Except for the revenues distributed pursuant to Section 3826, all net revenues, moneys, and remittances from the use of school lands and lieu lands shall be deposited in the State Treasury to the credit of the Teachers’ Retirement Fund and shall be expended pursuant to Section 24412 of the Education Code. (Amended by Stats. 2012, Ch. 864, Sec. 20. (AB 2663) Effective January 1, 2013.)
  136. 6217.6.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Rental income from surface uses on lands under State Lands Commission jurisdiction must be deposited into the State Treasury and credited to the General Fund, unless a stated exception applies.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6217.6. All rental income received for surface uses, including, but not limited to, surface drilling rights, upon lands under the jurisdiction of the State Lands Commission shall be deposited in the State Treasury to the credit of the General Fund, except as follows: (a) Income from state school lands, as provided in Section 6217.5. (b) Royalties received from extraction of minerals on the surface of those lands, as provided in Section 6217. (c) (1) All rental income from surface uses for lands at Lake Tahoe. (2) The rental income specified in paragraph (1) shall be deposited into the Lake Tahoe Science and Lake Improvement Account, for expenditure upon appropriation by the Legislature pursuant to Section 6217.6.1. (Amended by Stats. 2014, Ch. 71, Sec. 142. (SB 1304) Effective January 1, 2015.)
  137. 6217.6.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section creates the Lake Tahoe Science and Lake Improvement Account, lets the agency spend it only for this section’s purposes and with legislative appropriation, and requires annual public online disclosure of funded activities.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6217.6.1. (a) For purposes of this section, the following terms shall have the following meanings: (1) “Account” means the Lake Tahoe Science and Lake Improvement Account created pursuant to this section. (2) “Compact” means the Tahoe Regional Planning Compact. (3) “Resources agency” means the Natural Resources Agency. (4) “Secretary” means the Secretary of the Natural Resources Agency. (b) The Lake Tahoe Science and Lake Improvement Account is hereby created in the General Fund. The moneys in the account may be expended by the agency, upon appropriation by the Legislature, for the purposes of this section, with appropriate disclosure pursuant to subdivision (d). The secretary shall administer the account. (c) Notwithstanding Section 6217, the funds in the account shall be expended as follows: (1) The costs associated with establishing the bistate science-based advisory council established pursuant to subdivision (e). (2) For near-shore environmental improvement program activities and projects that include, but are not limited to, all of the following: (A) (i) Near-shore aquatic invasive species projects and projects to improve public access to sovereign land in Lake Tahoe, including planning and site improvement or reconstruction projects on public land, and land acquisitions from willing sellers, subject to clause (ii). (ii) Near-shore aquatic invasive species projects and projects to improve public access to sovereign land in Lake Tahoe may be funded only if matching funds for this purpose are provided by the California Tahoe Conservancy or by another public entity. The conservancy shall coordinate the selection of projects to be funded through a collaborative process that includes the participation of other public agencies, nonprofit organizations, and private landowners, including those persons or organizations that pay the rental income described in paragraph (1) of subdivision (c) of Section 6217.6. (B) (i) Near-shore water quality monitoring, subject to clause (ii). (ii) Near-shore water quality monitoring may be funded only if matching funds for this purpose are provided from the Lahontan Regional Water Quality Control Board or by another public entity. (d) The agency, or another agency designated by it, shall, on a publicly accessible Internet Web site, annually make available information regarding any activity funded pursuant to this section. The information shall include, at a minimum, all of the following: (1) The name of the agency, or agencies, to which funding was allocated. (2) A summary of the activities and projects funded by the account. (3) The amount allocated for the activity. (4) An anticipated timeline and total cost for completion of the activity. (e) The secretary may enter into a memorandum of agreement with the Nevada Department of Conservation and Natural Resources to establish and operate a bistate science-based advisory council in the Tahoe basin whose purpose is to promote and enhance the use of the best available scientific information on matters of interest to both states. The organization shall be nonregulatory, and shall focus on activities that will advance attainment of environmental thresholds, as provided in the compact. A majority of the governing body of that organization shall be comprised of scientists with expertise in disciplines pertinent to achieving and maintaining the goals of the compact. (Added by renumbering Section 6717.6.1 by Stats. 2014, Ch. 71, Sec. 143. (SB 1304) Effective January 1, 2015.)
  138. 6217.7.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Net revenues, moneys, and remittances from the sale of school lands and lieu lands must be deposited in the State Treasury for the School Land Bank Fund.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6217.7. All net revenues, moneys, and remittances from the sale of school lands and lieu lands shall be deposited in the State Treasury to the credit of the School Land Bank Fund. (Added by Stats. 1984, Ch. 879, Sec. 2.)
  139. 6217.8.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section creates the Oil Trust Fund and directs money into it, including payments from the City of Long Beach and monthly transfers by the Controller, then limits spending to specified oil-and-gas removal costs.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6217.8. (a) For purposes of this section, “fund” means the Oil Trust Fund established pursuant to subdivision (b). (b) The Oil Trust Fund is hereby established in the State Treasury, and the moneys in the fund are hereby appropriated to the commission in accordance with this section. (c) (1) On or before March 1, 2006, the City of Long Beach shall pay to the commission all money, including both principal and interest, in the abandonment reserve fund that the city created in 1999 and that was the subject of the litigation in State of California ex rel. California State Lands Commission v. City of Long Beach (2005) 125 Cal.App.4th 767. (2) The Controller shall deposit in the fund any funds paid to the commission pursuant to paragraph (1). (3) On the last day of each month beginning January 31, 2025, the Controller shall transfer to the fund the amount of five million dollars ($5,000,000) or 50 percent of remaining oil revenue, as described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session, whichever is greater. (d) (1) All interest earned on the money in the abandonment reserve fund specified in paragraph (1) of subdivision (c) shall be transferred to the fund. (2) The commission shall expend the money from the fund solely to finance the costs of well abandonment, pipeline removal, facility removal, remediation, and other costs associated with removal of oil and gas facilities from the Long Beach tidelands that are not the responsibility of other parties. (3) All money remaining in the fund after completion of all activities described in paragraph (2) shall be transferred to the General Fund. (e) The moneys deposited in the fund are hereby appropriated to the commission commencing when all of the following conditions are met: (1) The City of Long Beach adopts a resolution declaring that the oil revenue described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session, is insufficient to fund the costs of activities described in paragraph (2) of subdivision (d) of this section. (2) The City of Long Beach transmits to the commission a copy of the resolution and all necessary accompanying documentation, including a plan for expenditures for the activities described in paragraph (2) of subdivision (d). (3) The commission reviews the material provided in paragraph (2) and notifies the Controller within 60 calendar days of receiving the material specified in paragraph (2) that expenditure from the fund may be made so that activities described in paragraph (2) of subdivision (d) can begin. The commission shall provide a schedule for expenditures for disbursement of moneys from the fund to the City of Long Beach. The commission shall submit a copy of the schedule to the Department of Finance and to the fiscal and appropriate policy committees of the Legislature. (Amended by Stats. 2025, Ch. 67, Sec. 164. (AB 1170) Effective January 1, 2026.)
  140. 6218.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may charge reasonable fees for its services, but not above the state’s actual cost. If it requires bid or notice publication for the sale or leasing of state lands, it may also require applicants or bidders to advance and pay that publication cost.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6218. The commission may charge and collect reasonable fees for services performed by it, not exceeding the actual cost to the state of such services. In any case where the commission, either pursuant to law or rule of the commission, requires the publication of advertisements for bids or the publication of any notice in connection with the sale or leasing of state lands, the commission may, by rule, require that the cost of such publication be advanced by any applicant or bidder and be paid by the successful applicant or bidder. (Amended by Stats. 1968, Ch. 981.)
  141. 6219.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may accept real property interests for the state if it finds doing so is in the state’s best interests; any acquired land must then be examined for significant environmental values and handled under the commission’s rules.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6219. The commission may, if it determines it is in the best interests of the state, accept on behalf of the state any gift, devise, grant, quitclaim, or other conveyance of title to, or interest in, real property. Such land, when acquired, shall be examined for significant environmental values as defined pursuant to Section 6370.1, and classified and administered according to the rules and regulations of the commission. (Added by Stats. 1975, Ch. 1205.)
  142. 6220.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If no other officer, agency, or commission has the authority, the State Lands Commission may accept quitclaim deeds for the State.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6220. Whenever authority is not vested in another officer, agency or commission to accept quitclaim deeds on behalf of the State, the authority is vested in the State Lands Commission. (Added by Stats. 1943, Ch. 641.)
  143. 6221.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State entities using state lands under the commission’s jurisdiction must comply with this division, and the commission must issue an occupancy permit on application.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6221. Any instrumentality, district, agency, or political subdivision of the state occupying or using, pursuant to law, lands owned by the state and under the jurisdiction of the commission shall comply with the provisions of this division, and the commission shall issue a permit for occupancy of such land upon application. The commission shall prescribe, by rule or regulation, a reasonable filing fee which shall accompany the application, but such fee may not exceed the average of the commission’s actual costs of receiving applications and making the initial title review for such permits. The application shall include: (a) A description of the state lands involved, giving sufficient details or a survey tied to a record survey or monument in order to locate it accurately. (b) The public use to be made of the land. (c) Completed environmental documents prepared pursuant to the commission’s rules and regulations. (Amended by Stats. 1975, Ch. 1205.)
  144. 6222.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Certain state and local public bodies must wait 30 days after filing written notice with the State Lands Commission before asking to have U.S.-controlled lands withdrawn or reserved from disposal under federal law.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6222. No county, city, district, political subdivision, agency or officer of the State shall request or make application to have any lands owned or controlled by the United States withdrawn or reserved from settlement, location, sale, entry or other forms of disposal under federal law until 30 days after written notice of such proposed application or request has been filed with the State Lands Commission. (Added by Stats. 1955, Ch. 1496.)
  145. 6223.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Applications to buy or lease state lands are prioritized by filing time, except that applications from a county, city, or state officer rank ahead of all others.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6223. Applications for purchase, or lease of state lands shall be given the priority of time of filing; except that applications filed by any county, city, or officer of the State shall have priority over all other applications regardless of time of filing. Priorities between cities, counties, or officers of the State shall be established by the time of filing of their respective applications. (Amended by Stats. 1961, Ch. 357.)
  146. 6224.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may adopt rules for penalties or interest when a person fails to pay amounts due under a lease or agreement.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6224. The commission may adopt rules and regulations which provide for the payment of either a penalty or interest, or both, by any person who fails to pay the commission any sum when it is due under a lease or agreement. The rules and regulations may provide for the assessment, nonassessment, or waiver by the commission of the penalty or interest, or both. Penalties assessed by the commission shall not exceed 5 percent of the principal sum due and the rate of interest shall not exceed 11/2 percent per month from the date on which the sum became due and payable until the date of payment. Penalties and interest assessed pursuant to this section shall be payable to the commission. (Repealed and added by Stats. 1982, Ch. 1463, Sec. 2.)
  147. 6224.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A person who trespasses on certain state-controlled lands without lawful authority is liable to the state for damages.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6224.1. Any person who trespasses upon any lands owned or controlled by the state and under the jurisdiction of the commission, including, but not limited to, tidelands, submerged lands, the beds of navigable rivers, streams, lakes, bays, estuaries, inlets, or straits, or any school lands, lieu lands, or swamp and overflowed lands, without lawful authority, is liable to the state for the amount of damages which may be assessed therefor, in any civil action, in any court having jurisdiction. (Added by Stats. 1975, Ch. 1081.)
  148. 6224.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A person who takes or uses certain state-owned mineral deposits without lawful authority can be liable to the state for treble damages.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6224.2. (a) Except as otherwise provided in subdivision (b), any person who appropriates or converts any mineral deposits reserved to, or owned by, the state and under the jurisdiction of the commission, including, but not limited to, oil and gas, other gases (including, but not limited to, nonhydrocarbon and geothermal gases), oil shale, coal, phosphate, sodium, gold, silver, alumina, silica, uranium, trona, fossils of all geological ages, metals and their compounds, alkali, alkali earth, sand, clay, gravel, salts, mineral waters, or any geothermal resources, without lawful authority, is liable to the state for treble the amount of damages which may be assessed therefor, in any civil action, in any court having jurisdiction. (b) If the appropriation or conversion of any such mineral deposit was involuntary, or if the defendant in any action brought under this section had probable cause to believe that the land on which the appropriation or conversion was committed was his own or the land of the person in whose service or by whose direction such act was done, the measure of damages shall be the sum as would compensate for the actual damages. (c) Damages awarded pursuant to this section shall be limited to those determined to have occurred within the five-year period immediately preceding the date of commencement of the action. (Amended by Stats. 1976, Ch. 1280.)
  149. 6224.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A person may not place, use, own, or keep a structure or facility on state land under the commission’s jurisdiction without first getting the needed easements, leases, or permits from the commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6224.3. (a) A person shall not construct, place, maintain, own, use, or possess a structure or facility on land that is under the commission’s jurisdiction and that is owned by the state without first obtaining all necessary easements, leases, or permits from the commission that authorize the construction, placement, maintenance, ownership, use, or possession of the structure or facility. (b) Except as provided in subdivisions (a), (b), and (c) of Section 6224.5, and except for facilities owned by an electrical corporation, as defined in Section 218 of the Public Utilities Code or a gas corporation as defined in Section 222 of the Public Utilities Code, that were installed on lands pursuant to a property interest or a claim of right before the lands became state lands, a person, other than a telegraph or telephone corporation acting pursuant to Section 7901 of the Public Utilities Code or a franchised cable television corporation, as defined in Section 216.4 of the Public Utilities Code, and limited to their usage of poles, conduits, cables, wires, and associated appurtenances under either their ownership or the ownership of an electrical corporation, who violates subdivision (a) shall be liable for a penalty of not more than one thousand dollars ($1,000) a day or an amount that is not more than 60 percent higher than the full fair market rental for each month that a violation occurs. If the violation occurs during only part of a calendar month, the commission may prorate the penalty. (c) In determining the appropriate penalty described in subdivision (b), the commission shall consider all of the following factors: (1) The physical extent of the violation on the land under the commission’s jurisdiction, and that is owned by the state. (2) The degree of culpability of the violator. (3) The degree of cooperation of the violator and whether the structure or facility is susceptible to removal or the violation is susceptible to resolution. (4) Any prior history of violations of statutes or leases pertaining to lands under the commission’s jurisdiction, and that are owned by the state, including the past history of the violator in taking all feasible steps or procedures necessary or appropriate to correct a violation. (5) The extent to which the violation causes environmental harm or impairs lawful public access to lands under the commission’s jurisdiction, and that are owned by the state. (6) Any factor determined by the commission to be relevant to a fair and just result, and in the best interest of the state. (d) The penalty described in this section shall be imposed from the first day the commission issues an order to the day when the violation is cured. (e) The commission may enjoin a person who violates subdivision (a) from continuing that violation. (f) The commission may require a person who violates subdivision (a) to remove the structure or facility from lands that are owned by the state at the person’s own expense. If the violator refuses to remove the structure or facility, or if the violator cannot be located, the commission may, at its own expense, remove the structure or facility from the land under the commission’s jurisdiction, and that is owned by the state. The commission may pursue whatever legal remedies are available to recover the removal costs from the violator. (g) For the purposes of this section, a structure or facility shall include, but is not limited to, buildings, boat houses, docks, piers, revetments, fill, pilings, pipelines, groins, jetties, seawalls, breakwaters, and bulkheads. (h) If the Attorney General prevails in a civil action necessary to enforce an order of the commission issued pursuant to this section, the Attorney General shall be awarded attorney’s fees and costs. (i) The remedies provided by this section are in addition to and not in lieu of any other penalty or sanction provided by law. (Added by Stats. 2012, Ch. 247, Sec. 1. (AB 2082) Effective January 1, 2013.)
  150. 6224.4.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must give written notice and a hearing opportunity before pursuing a remedy, and the notice must be sent at least 30 days before the hearing.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6224.4. (a) Before the commission considers whether to pursue a remedy provided under Section 6224.3, the commission shall first provide a written notice to the person against whom the commission seeks to impose the penalty. The notice shall include an opportunity for a hearing before the commission at a properly noticed public meeting. The commission shall send the notice not less than 30 days before the date set for conducting a hearing pursuant to this section. A notice shall include all of the following: (1) The date, time, and location of the commission hearing where the person may appear and be heard. (2) A statement of the authority and jurisdiction under which the hearing is to be held. (3) A reference to the particular sections of the statutes and rules involved. (4) A short and plain statement of the matters asserted or charged, including a description of the violation complained of with reasonable certainty as to its character and location. (5) A statement indicating whether and under what circumstances an order by default may be entered. (b) In lieu of personal service, service of notice may be made by registered mail and by posting a copy of the notice on the structure or facility that is in violation of subdivision (a) of Section 6224.3. (c) If the person fails to appear at the noticed hearing, the commission may issue an order. (d) A hearing shall be scheduled as a regular calendar item at a properly noticed commission meeting. A commission member shall serve as a presiding officer at a hearing held pursuant to this section and conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, including Article 10 (commencing with Section 11445.10) of that chapter. (e) A person against whom the commission has issued an order imposing a remedy provided in Section 6224.3 may seek review of the order pursuant to Section 1094.5 of the Code of Civil Procedure by filing a petition for writ of mandate within 60 days after the commission’s action has become final. (Added by Stats. 2012, Ch. 247, Sec. 2. (AB 2082) Effective January 1, 2013.)
  151. 6224.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section gives certain people and utilities relief from penalties or orders under Section 6224.3 if they cure the violation or submit required lease paperwork within the stated time limits.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6224.5. (a) If, as of January 1, 2013, a person is in violation of subdivision (a) of Section 6224.3, that person shall not be subject to a penalty pursuant to that section, if the person, on or before July 1, 2013, remedies the violation or submits to the commission a completed lease application, including the payment of all fees and costs. The remedy may include, but is not limited to, entering into an appropriate lease with the commission or adequately removing the structure or facility. (b) A person shall not be subject to a penalty or order pursuant to Section 6224.3, if the person submits a notice to the commission that a structure or facility owned by that person is potentially in violation of subdivision (a) of Section 6224.3 and the person, within six months from the date the notice is received by the commission, remedies the violation or submits to the commission a completed lease application, including the payment of all fees and costs. This subdivision shall apply only if the potential violator submits a notice to the commission before the commission otherwise receives notice or information regarding the potential violation, or takes action against the violator. (c) If any pole, conduit, cable, wire, pipeline, or associated appurtenance that is owned by an electrical corporation, as defined in Section 218 of the Public Utilities Code, or a gas corporation, as defined in Section 222 of the Public Utilities Code, violates subdivision (a) of Section 6224.3, and the electrical or gas corporation can demonstrate that it has not received actual notice that it does not have adequate existing land rights for its structure or facility located on land under the commission’s jurisdiction, the electrical or gas corporation shall not be subject to a penalty or order pursuant to Section 6224.3 if the electrical or gas corporation remedies the violation or submits to the commission a completed lease application, including the payment of all fees and costs, or files with a court of competent jurisdiction a motion to perfect a prescriptive easement within six months from the date the violation is reported or the mistake is discovered. (d) The commission may adopt regulations necessary or useful to carry out this section and Sections 6224.3 and 6224.4. (Amended by Stats. 2013, Ch. 76, Sec. 172. (AB 383) Effective January 1, 2014.)
  152. 6225.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must research and search title records for certain Lake Tahoe beach property, report its findings for public inspection, and may hire others to help. If a court finally decides the title is in a county, the county must dedicate the beach property to the state. The state has no obligation to operate or maintain it, and the county or a public agency may do so only with commission approval.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3. Powers and Duties Generally [6201 - 6225] ( Chapter 3 added by Stats. 1941, Ch. 548. ) ## 6225. (a) The commission shall conduct research, investigations, and title searches on the real property in this state of the beaches of Lake Tahoe which is dedicated for public use and make a report of its findings which shall be open for public inspection. For the purpose of this section the commission may contract upon such terms and conditions as will be in the best interest of the people of the state with one or more private persons, firms, associations, organizations, partnerships, corporations, companies, or public agencies to conduct such research, investigations, and title searches. (b) Notwithstanding any other provision of law, whenever it appears by final decree of any court of competent jurisdiction that title to any beach property of Lake Tahoe, for which the commission in cooperation with the county has conducted a title search, is vested in a county, the county shall dedicate such beach property to the state. (c) The state shall be under no obligation to operate and maintain the beach property so dedicated to the state. The county or a public agency in which the beach property is situated may, subject to approval of the commission, operate, maintain, or make improvements on such beach property. (Added by renumbering Section 6224 (as added by Stats. 1968, Ch. 1397) by Stats. 1969, Ch. 1222.)
  153. 6230.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. )

    Verify source ↗

    An amount set in the annual Budget Act must be available for distribution for public and private higher education to use as up to two-thirds of the local matching share for certain Sea Grant projects, if approved by the Secretary of the Resources Agency or the secretary’s designee on the advisory panel’s recommendation.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. ) ## 6230. An amount specified in the annual Budget Act shall be available for distribution for public and private higher education for use as up to two-thirds of the local matching share for projects under the National Sea Grant College and Program Act of 1966 (P.L. 89-688) approved, upon the recommendation of the advisory panel appointed pursuant to Section 6232, by the Secretary of the Resources Agency or the secretary’s designee. (Amended by Stats. 2001, Ch. 745, Sec. 177. Effective October 12, 2001.)
  154. 6231.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. )

    Verify source ↗

    A Sea Grant Advisory Panel of 17 members must review funding applications, periodically review project progress, and make recommendations to the Secretary of the Resources Agency.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. ) ## 6231. There shall be a Sea Grant Advisory Panel consisting of 17 members as provided in Sections 6232, 6233, and 6234. The advisory panel shall do all of the following: (a) Review all applications for funding under this section and make recommendations based upon the priorities it establishes. (b) Periodically review progress on sea grant research projects subsequent to their approval and funding under this chapter. (c) Make recommendations to the Secretary of the Resources Agency with respect to the implementation of this section. (Amended by Stats. 2001, Ch. 745, Sec. 178. Effective October 12, 2001.)
  155. 6232.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. )

    Verify source ↗

    The Secretary of the Natural Resources Agency must appoint the listed advisory panel members.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. ) ## 6232. The Secretary of the Natural Resources Agency shall appoint the following members of the advisory panel, who shall serve at the pleasure of the secretary: (a) A representative of the Division of Boating and Waterways within the Department of Parks and Recreation. (b) A representative of the Department of Conservation. (c) A representative of the Department of Fish and Wildlife. (d) The Executive Director of the California Coastal Commission or the executive director’s designee. (e) A representative of the fish industry. (f) A representative of the aquaculture industry. (g) A representative of the ocean engineering industry. (h) A representative of the University of California. (i) A representative of the California State University. (j) A representative of a private California institution of higher education that is participating in the National Sea Grant Program. (k) A representative of the State Lands Commission. (l) A representative of the Office of Environmental Health Hazard Assessment. (m) A representative of the State Water Resources Control Board. (n) A representative of the Office of Oil Spill Prevention and Response in the Department of Fish and Wildlife, designated by the administrator for oil spill response. (Amended by Stats. 2015, Ch. 113, Sec. 8. (AB 1528) Effective January 1, 2016.)
  156. 6233.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. )

    Verify source ↗

    The Senate Committee on Rules must appoint one Senator to the advisory panel, and the Speaker of the Assembly must appoint one Assembly Member.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. ) ## 6233. (a) The Senate Committee on Rules shall appoint one Member of the Senate to the advisory panel, who shall serve at the pleasure of the Senate Committee on Rules. (b) The Speaker of the Assembly shall appoint one Member of the Assembly to the advisory panel, who shall serve at the pleasure of the Speaker. This member shall not be of the same political party as the member appointed by the Senate Committee on Rules. (Added by Stats. 1997, Ch. 293, Sec. 5. Effective August 18, 1997.)
  157. 6234.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. )

    Verify source ↗

    The Secretary of the Resources Agency, or the secretary’s designee, must be a member of the advisory panel and must serve as its chairperson.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. ) ## 6234. The Secretary of the Resources Agency, or the secretary’s designee shall be a member of the advisory panel and shall serve as chairperson of the advisory panel. (Added by Stats. 1997, Ch. 293, Sec. 5. Effective August 18, 1997.)
  158. 6235.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. )

    Verify source ↗

    Advisory panel members must serve without compensation.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. ) ## 6235. All advisory panel members shall serve without compensation. (Added by Stats. 1997, Ch. 293, Sec. 5. Effective August 18, 1997.)
  159. 6236.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. )

    Verify source ↗

    Selected Sea Grant research projects must benefit California and relate to current or foreseeable marine and coastal resources issues.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. ) ## 6236. The Sea Grant research projects selected for the state support under this chapter shall have a clearly defined benefit to the people of the State of California. Those projects, to be conducted by universities, colleges, or other institutions participating in the California Sea Grant College Program, shall be applicable to marine and coastal resources management, policy, science, and engineering issues that face this state now or in the reasonably foreseeable future. (Added by Stats. 1997, Ch. 293, Sec. 5. Effective August 18, 1997.)
  160. 6237.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. )

    Verify source ↗

    The Legislature states that Chapter 3’s funding is needed to support development and use of ocean and coastal resources through work with private sector firms and individuals.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. ) ## 6237. (a) The Legislature hereby finds and declares that the funding provided by this chapter is needed to stimulate the development and utilization of ocean and coastal resources by working constructively with private sector firms and individuals. (b) The Legislature further recognizes the high productivity of the California Sea Grant College Program, the only statewide program systematically devoted to supporting fundamental research, education, and extension activities on the diversity of problems related to marine resources protection and development. (Added by Stats. 1997, Ch. 293, Sec. 5. Effective August 18, 1997.)
  161. 6238.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. )

    Verify source ↗

    This chapter does not block applications for funding of projects eligible under the National Sea Grant College and Program Act of 1966.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.2. Sea Grant Program [6230 - 6238] ( Chapter 3.2 added by Stats. 1997, Ch. 293, Sec. 5. ) ## 6238. Nothing in this chapter shall be construed to preclude the application for funding of any project that would be eligible for funding under the terms of the National Sea Grant College and Program Act of 1966. (Added by Stats. 1997, Ch. 293, Sec. 5. Effective August 18, 1997.)
  162. 6240.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. )

    Verify source ↗

    This chapter is known as the California Coastal Sanctuary Act of 1994 and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. ) ## 6240. This chapter shall be known, and may be cited, as the California Coastal Sanctuary Act of 1994. (Repealed and added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.)
  163. 6241.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. )

    Verify source ↗

    The Legislature declares that offshore oil and gas production in certain state waters poses an unacceptably high risk to the state’s marine environment.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. ) ## 6241. The Legislature hereby finds and declares that offshore oil and gas production in certain areas of state waters poses an unacceptably high risk of damage and disruption to the marine environment of the state. (Repealed and added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.)
  164. 6242.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. )

    Verify source ↗

    This section creates the California Coastal Sanctuary and says it covers state waters subject to tidal influence, with two stated exclusions.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. ) ## 6242. (a) A California Coastal Sanctuary is hereby created which includes all state waters subject to tidal influence, except as provided in subdivisions (b) and (c). (b) The California Coastal Sanctuary shall not include any state waters subject to a lease for the extraction of oil or gas in effect on January 1, 1995, unless the lease is deeded or otherwise reverts to the state after that date. (c) The California Coastal Sanctuary shall not include any state waters situated east of the Carquinez Bridges on Interstate 80. (Repealed and added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.)
  165. 6243.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. )

    Verify source ↗

    State agencies and state officers may not make new oil or gas leases for the California Coastal Sanctuary unless the listed emergency and legislative conditions are met.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. ) ## 6243. Notwithstanding any provision of Article 4 (commencing with Section 6870) of Chapter 3 of Part 2 or any other provision of law, no state agency or state officer shall enter into any new lease for the extraction of oil or gas from the California Coastal Sanctuary, unless the President of the United States has found a severe energy supply interruption and has ordered distribution of the Strategic Petroleum Reserve pursuant to Section 6241(d) of Title 42 of the United States Code, the Governor finds that the energy resources of the sanctuary will contribute significantly to the alleviation of that interruption, and the Legislature subsequently acts to amend this chapter to allow that extraction. (Repealed and added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.)
  166. 6244.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. )

    Verify source ↗

    The commission may lease state-owned tide and submerged lands in the California Coastal Sanctuary for oil or gas extraction if it finds nearby federal wells are draining the deposits and the lease is in the state’s best interests.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. ) ## 6244. The commission may enter into any lease for the extraction of oil or gas from state-owned tide and submerged lands in the California Coastal Sanctuary if the commission determines that those oil or gas deposits are being drained by means of producing wells upon adjacent federal lands and the lease is in the best interests of the state. (Added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.)
  167. 6245.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. )

    Verify source ↗

    The commission or a local trustee is barred from approving new oil- and gas-related infrastructure leases or conveyances in the covered area, and must give notice, wait 180 days, and hold public-comment procedures before acting on certain lease changes.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 3.4. California Coastal Sanctuary [6240 - 6245] ( Chapter 3.4 repealed and added by Stats. 1994, Ch. 970, Sec. 2. ) ## 6245. (a) Except as provided in subdivision (e), the commission or a local trustee shall not enter into any new lease or other conveyance authorizing new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018. (b) (1) Upon receipt of an application for a lease renewal, extension, amendment, or modification to authorize new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018, the commission or local trustee shall provide notice of this application by including it as a separate informational item on the agenda of the commission’s or local trustee’s next duly noticed public meeting. Summary information about the requested lease renewal, extension, amendment, or modification shall be included in the agenda summary. (2) Notwithstanding the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code), the commission or local trustee shall take no further action to approve the requested lease renewal, extension, amendment, or modification until 180 days after the notification required in paragraph (1). (c) Prior to approving any lease renewal, extension, amendment, or modification to authorize new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018, the commission or local trustee shall consider, at a minimum, the following: (1) Whether the lease renewal, extension, amendment, or modification is necessary to protect the marine environment or to ensure human health and safety. (2) Whether the lease renewal, extension, amendment, or modification provides a benefit to the state beyond additional lease revenues. (3) Whether the lease renewal, extension, amendment, or modification will impact the volume of oil and gas that may be transported across state waters. (d) (1) Any lease renewal, extension, amendment, or modification that will increase the volume of oil and gas conveyed across state waters shall not be approved at the same properly noticed public meeting at which the lease renewal, extension, amendment, or modification is first presented. (2) The commission or local trustee shall accept public comments at the same meeting at which it votes to approve or disapprove any lease renewal, extension, amendment, or modification that will increase the volume of oil and gas conveyed across state waters. Any lease subject to this section shall be approved by a vote of the commission or the governing board of the local trustee. (e) Nothing in this section shall prohibit any of the following: (1) The commission from issuing leases pursuant to Section 6243 or 6244. (2) Any activity undertaken to repair or maintain any pipeline or other infrastructure used to convey oil or natural gas or any other activity necessary to ensure the safe operation of infrastructure used in the exploration, development, or production of oil or natural gas. (3) Any activity undertaken to convey oil or natural gas produced from state waters. (f) The commission may establish regulations for the implementation of this section. (g) For the purposes of this section, the following terms have the following meanings: (1) “Local trustee” means a local trustee of granted public trust lands that is a county, city, or district, including water, sanitary, regional park, port, or harbor districts, or any other local political or corporate subdivision that has been granted public trust lands through a legislative grant. (2) “Pacific Outer Continental Shelf” means all submerged lands lying seaward of California, Hawaii, Oregon, and Washington and outside of the area of lands beneath navigable waters, as set forth by the federal Submerged Lands Act (43 U.S.C. Sec. 1331), and all of which appertain to the United States and are subject to its jurisdiction and control. (3) “State waters” has the same meaning as defined in Section 36108. (Added by Stats. 2018, Ch. 310, Sec. 1. (AB 1775) Effective January 1, 2019.)
  168. 6301.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission has exclusive jurisdiction over certain state tidelands and submerged lands, must administer and control them, and may lease or dispose of them under law.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6301. The commission has exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the State, and of the beds of navigable rivers, streams, lakes, bays, estuaries, inlets, and straits, including tidelands and submerged lands or any interest therein, whether within or beyond the boundaries of the State as established by law, which have been or may be acquired by the State (a) by quitclaim, cession, grant, contract, or otherwise from the United States or any agency thereof, or (b) by any other means. All jurisdiction and authority remaining in the State as to tidelands and submerged lands as to which grants have been or may be made is vested in the commission. The commission shall exclusively administer and control all such lands, and may lease or otherwise dispose of such lands, as provided by law, upon such terms and for such consideration, if any, as are determined by it. The provisions of this section do not apply to land of the classes described in Section 6403, as added by Chapter 227 of the Statutes of 1947. (Amended by Stats. 1951, Ch. 1009.)
  169. 6301.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If the 1969 reorganization plan takes effect, it does not change certain commission functions for state tidelands and submerged lands, and the Legislative Counsel must include that exclusion when preparing the related bill.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6301.2. Notwithstanding any of the provisions of the Governor’s Reorganization Plan No. 2 of 1969 for the Reorganization of the Executive Branch of California State Government, if such reorganization plan becomes effective pursuant to Section 12080.5 of the Government Code, it shall have no effect whatever upon the nonmineral management functions, authorities, and responsibilities of state tidelands and submerged lands lying below such tidelands, and swamp and overflow lands affected by tides, including any such lands granted to a local agency (including, but not limited to, any of the tidelands and submerged lands which have been granted in trust to the City of Long Beach), currently within the jurisdiction of the commission. The Legislative Counsel shall include the exclusion of such functions, authorities, and responsibilities of the commission from the transfers of functions provided for by Reorganization Plan No. 2 of 1969 in preparing the bill required pursuant to Section 12081 of the Government Code. (Added by Stats. 1969, Ch. 1593.)
  170. 6301.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may act for California and negotiate or sign agreements about certain offshore and mineral-lease matters, but only with required concurrences and Governor approval for effectiveness.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6301.5. The commission may act in behalf of the State of California pursuant to Section 7 of the Outer Continental Shelf Lands Act, an Act of Congress approved by the President on August 7, 1953 (67 Stat. 462, 43 U.S.C. Section 1336), and negotiate, with the concurrence of the Attorney General of California, with the Secretary of the Interior and with the Attorney General of the United States respecting operations under existing mineral leases, if any there be in lands in controversy, and the payment and impounding of rents and other sums payable thereunder, and respecting the issuance or nonissuance of new mineral leases pending the settlement or adjudication of any controversy, which now exists or may arise, between the United States and the State of California as to whether or not lands are subject to the provisions of said act. With the concurrence of the Attorney General of California, the commission also may enter into and execute agreements respecting the said subjects for, in behalf of, and in the name of the State, with the Secretary of the Interior, who, with the concurrence of the Attorney General of the United States, is authorized by the said act to enter into such agreements in behalf of the United States. With the concurrence of the Attorney General of California, the authority vested in the commission by this section extends to and includes all tidelands and submerged lands, or any interest therein, along the coast of the State of California, whether they be within or beyond the boundaries of the State as established by law, which have been or may be acquired by the State in any of the manners enumerated in Section 6301. No agreement entered into pursuant to this section shall become effective unless and until it is approved by the Governor. (Added by Stats. 1956, Ch. 12.)
  171. 6301.6.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If funds are impounded under Section 6301.5, the Director of Finance may invest them in U.S. bonds or other U.S. obligations, may sell or exchange those securities in some cases, and must sell them when needed to carry out a required transfer or other disposition.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6301.6. If any funds are impounded pursuant to Section 6301.5 under the custody and control of the State of California, such impounded funds may be invested and reinvested by the Director of Finance in bonds or other obligations of the United States. Such securities may be sold or exchanged by the Director of Finance if, in his opinion, such sale or exchange is in the best interests of the State, and shall be sold by him whenever, and to the extent, necessary to effect any required transfer or other disposition of the impounded funds. Securities purchased or otherwise acquired under the authority of this section shall be deposited and held in the custody and safekeeping of the State Treasurer, in the name of the account in the fund from which the investments were made. Interest earned or other increment derived from investments made pursuant to this section shall, on order of the State Controller, be deposited in the fund from which the investments were made to the credit of the account covering the impounded funds, in augmentation of such impounded funds. (Added by Stats. 1957, Ch. 2006.)
  172. 6301.7.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may negotiate and, with the Governor’s approval, enter into agreements about certain tide and submerged lands matters; before doing so, it must find the agreement is in the public interest.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6301.7. The commission may negotiate with, and with the approval of the Governor may enter into agreements with, the United States, or any official, agency, licensee, permittee, or lessee thereof, concerning the effect, if any, of any then existing or proposed or projected fill, dredging, or construction operations or other activities on or adjacent to tide and submerged lands within the County of Los Angeles or Ventura upon the boundary between state-owned submerged lands and the outer continental shelf lands under the jurisdiction of the United States, or concerning the location of that boundary. The agreements may include, but are not limited to, a waiver on behalf of the State of California of any state-owned submerged lands which would otherwise inure to the state as a result of any such fill, dredging, or construction operations, or other activities. The commission shall, before entering into any such agreement, find that the agreement is in the public interest. (Amended by Stats. 1983, Ch. 687, Sec. 1. Effective September 11, 1983.)
  173. 6302.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may use court action to eject trespassers from certain state lands and waters under its jurisdiction, and may recover the costs of that ejectment.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6302. The commission may eject from any tide and submerged lands, beds of navigable channels, streams, rivers, creeks, lakes, bays, and inlets under its jurisdiction, any person, firm, or corporation, trespassing upon any such lands, through appropriate action in the courts of this state. The commission may recover costs of ejectment through the legal action. (Amended by Stats. 1987, Ch. 969, Sec. 2.)
  174. 6302.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may remove certain unattended, hazardous, nuisance, or unauthorized vessels, must give notices in some cases, and must return a vessel to its owner if requested and removal/storage costs are paid.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6302.1. (a) (1) The commission may take immediate action, without notice, to remove from areas under its jurisdiction a vessel that is left unattended and is moored, docked, beached, or made fast to land in a position as to obstruct the normal movement of traffic or in a condition as to create a hazard to navigation, other vessels using a waterway, or the property of another. (2) The commission may take immediate action, without notice, to remove from areas under its jurisdiction a vessel that poses a significant threat to the public health, safety, or welfare or to sensitive habitat, wildlife, or water quality, or that constitutes a public nuisance. (3) A vessel removed under this section that remains unclaimed for 30 days after notice of removal is abandoned property. (4) After removal of the vessel pursuant to paragraph (1) or (2), the commission shall mail a notice to the owner, if known, and any known lienholder, that informs the owner and lienholder that if the vessel remains unclaimed for 30 days, it will be deemed abandoned property, and the commission may dispose of it pursuant to Section 6302.3. (b) (1) The commission may remove from areas under its jurisdiction a vessel that has been placed on state lands without its permission. Prior to removal of the vessel, the commission shall do both of the following: (A) Give a 30-day notice to remove the vessel by attaching it to the vessel in a clearly visible place. (B) Use reasonable means to identify and locate the owner and any lienholder. If the owner is located, the commission shall mail notice to the owner to remove the property by a date certain at least 15 days from the date of the notice. (2) If a vessel remains unclaimed after the expiration of the 30 days’ notice period and the 15 days’ owner notice, if applicable, in accordance with paragraph (1), it is abandoned property and the commission may direct the disposition of the property pursuant to Section 6302.3. The commission may also either remove the vessel or allow it to remain in place until the commission takes action to dispose of the property. (c) Upon request of the owner and after payment of the costs of removal and storage, the commission shall return to the owner a vessel removed under this section. (d) The commission, at its discretion, may remove and dispose of an abandoned or derelict vessel on a navigable waterway in the state that is not under the jurisdiction of the commission pursuant to this section, if requested to do so by another public entity that has regulatory authority over the area where the vessel is located. (e) The commission may recover all costs incurred in removal actions undertaken pursuant to this section, including administrative costs and the costs of compliance with the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), through an appropriate action in the courts of this state or by use of any available administrative remedy. (f) For purposes of this section the following definitions apply: (1) “Appropriate action” means any cause of action available at law or in equity. (2) “Commission” includes the staff or agents of the commission or other federal, state, or local agencies operating in concert with or under the direction of the commission. (3) “Unclaimed” means that an owner or a lienholder of the vessel has not contacted the commission in response to a notice made pursuant to this section, if notice is required, and has not made adequate arrangements to take or remove the vessel to an authorized location. (4) “Vessel” includes any of the following: (A) A vessel, boat, raft, or similar watercraft. (B) A buoy, anchor, mooring, or other ground tackle used to secure a vessel, boat, raft, or similar watercraft. (C) A hulk, derelict, wreck, or parts of a ship, vessel, or other watercraft. (Amended by Stats. 2011, Ch. 595, Sec. 2. (SB 595) Effective January 1, 2012.)
  175. 6302.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission must develop a plan to remove abandoned commercial vessels and later implement it when certain funds are received.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6302.2. (a) The commission shall, in consultation with other relevant state and local agencies directly involved in the removal of abandoned vessels, by July 1, 2019, develop a plan for the removal of abandoned commercial vessels. (b) The plan required to be developed pursuant to subdivision (a) shall prioritize the removal of vessels based on the risk an abandoned commercial vessel presents to the environment of the Sacramento-San Joaquin Delta and to the health and safety of the public. (c) The commission shall implement the plan required to be developed pursuant to subdivision (a) upon receipt by the commission of funds appropriated by the Legislature and any federal or private funds for this purpose. (d) For purposes of this section, “Sacramento-San Joaquin Delta” means the lands within the boundaries of the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo. (Added by Stats. 2018, Ch. 540, Sec. 1. (AB 2441) Effective January 1, 2019.)
  176. 6302.3.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may take title to certain abandoned vessels at a properly noticed hearing, dispose of them, and recover disposal costs, but must give notice and allow interested parties to be heard.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6302.3. (a) The commission, at a properly noticed commission hearing, may take title to an abandoned vessel subject to disposal pursuant to Section 6302.1 for the sole purpose of abatement, without satisfying any lien on the property, and may cause the property to be sold, destroyed, or otherwise disposed of in any manner it determines is expedient or convenient. Those abandoned vessels shall not be considered surplus state property for the purposes of removal, disposal, or destruction. Title to property transferred by the commission by sale or otherwise to third parties shall be clear of any lien or encumbrance. (b) Notice of that meeting shall be given to a known owner and known lienholder, and the known owner, lienholder, or other interested party shall be given the right to appear and be heard prior to disposition of the property. (c) A hearing on the disposition of property held pursuant to this section shall be an informal hearing pursuant to Section 11445.20 of the Government Code, unless designated as a formal hearing by the commission. (d) Any action with regard to the disposition of the property as directed by the commission, with the exception of returning the property to the owner, shall be delayed for 30 days after the date of the commission’s determination, to allow the owner to pursue any other cause of action in law or equity. (e) The commission’s cost of disposing of abandoned property, including staff time and legal and attorney’s fees, may be recovered by appropriate action in any court in which an action may be properly brought or by use of any available administrative remedy. If the property is sold, the commission may recover its costs from any proceeds of the sale and any additional funds received shall be deposited into the General Fund. (Added by Stats. 2011, Ch. 595, Sec. 3. (SB 595) Effective January 1, 2012.)
  177. 6302.4.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    At the commission’s request, specified commission staff or public peace officers may board a vessel to carry out certain sections, and certain commission actions involving specified property are exempt from the State Contract Act.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6302.4. (a) At the request of the commission, an employee or agent of the commission or a peace officer of the federal or state government or a city, county, or other political subdivision of the state shall have the authority to board a vessel for the purposes of carrying out Section 6302.1 or 6302.3. (b) An action of the commission with regard to any property acquired or disposed of pursuant to Section 6302.1 or 6302.3 is exempt from the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code). (Added by Stats. 2011, Ch. 595, Sec. 4. (SB 595) Effective January 1, 2012.)
  178. 6303.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may authorize depositing, removing, or extracting material from specified state lands and waters, and may let certain contractors or permittees keep dredged sand, gravel, or other spoils if the state’s best interests are served.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6303. (a) The commission may grant the privilege of depositing material upon or removing or extracting material from swamp, overflowed, marsh, tide or submerged lands, beds of navigable streams, channels, rivers, creeks, bays, or inlets owned by the state, for improvement of navigation, reclamation, flood control, or, for purposes connected with the erection or maintenance of structures authorized pursuant to Article 2 (commencing at Section 6321), upon those terms and conditions and for that consideration as will be in the best interests of this state. (b) When a contractor or permittee has a contract with or a permit from the federal government or any authorized public agency to dredge swamp, overflowed, marsh, tide or submerged lands, beds of navigable streams, channels, rivers, creeks, bays, or inlets for the improvement of navigation, reclamation, or flood control, the commission may, if it is in the best interests of the state, allow the contractor or permittee to have sand, gravel, or other spoils dredged from the sovereign lands of the state located within the areas specified in the contract or permit upon those terms and conditions and for such consideration as will be in the best interests of the state, notwithstanding Section 6992 with respect to competitive bidding. The amounts of sand, gravel, or other spoils so removed from sovereign lands shall not exceed those specified in the contract or permit. (Amended by Stats. 2022, Ch. 433, Sec. 3. (AB 1832) Effective January 1, 2023.)
  179. 6303.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    A person may not, without written authorization from the commission, fill, dredge, reclaim, or change certain state-owned lands or structures; doing so is a misdemeanor.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6303.1. Any person who knowingly and willfully fills, dredges, or reclaims any state-owned land under the jurisdiction of the commission underlying any navigable waters, or who erects, maintains, removes, or alters any structure on such land, without written authorization from the commission is guilty of a misdemeanor. Nothing in this section shall be construed to prevent public agencies from performing emergency alteration, maintenance, repair, or removal of flood control works or structures on state-owned lands underlying navigable waters. (Amended by Stats. 1975, Ch. 1205.)
  180. 6304.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may cooperate with the Coastal Engineering Research Board of the U.S. Army Corps of Engineers and may spend necessary money for that cooperative work from an appropriation made for this section.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6304. The commission may cooperate with the Coastal Engineering Research Board of the United States Army Corps of Engineers, and may expend such moneys as are necessary for cooperative work with that board out of any appropriation made for the purposes of this section. (Amended by Stats. 2005, Ch. 701, Sec. 2. Effective January 1, 2006.)
  181. 6305.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The local trustee of granted public trust lands gets the chapter’s powers over leasing or granting rights and privileges for the relevant state-owned lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6305. The powers granted by this chapter to the commission as to leasing or granting of rights or privileges with relation to the lands owned by the state are hereby conferred upon the local trustee of granted public trust lands to which those lands have been granted. (Amended by Stats. 2012, Ch. 206, Sec. 3. (AB 2620) Effective January 1, 2013.)
  182. 6306.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Local trustees of granted public trust lands must keep proper accounting records, spend trust revenues only for trust purposes, segregate trust funds, and file a detailed annual statement with the commission by December 31.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6306. (a) For purposes of this division, “local trustee of granted public trust lands” means a county, city, or district, including a water, sanitary, regional park, port, or harbor district, or any other local, political, or corporate subdivision that has been granted, conveyed, or transferred by statute, public trust lands, including tidelands, submerged lands, or the beds of navigable waters, through a legislative grant. A local trustee of granted public trust lands is a trustee of state lands. (b) Notwithstanding any other law, every local trustee of granted public trust lands shall establish and maintain accounting procedures, in accordance with generally accepted accounting principles, providing accurate records of all revenues received from the trust lands and trust assets and of all expenditures of those revenues. If a trust grantee has several trust grants of adjacent lands and operates the granted lands as a single integrated entity, separation of accounting records for each trust grant is not required. (c) All revenues received from trust lands and trust assets administered or collected by a local trustee of granted public trust lands shall be expended only for those uses and purposes consistent with the public trust for commerce, navigation, and fisheries, and the applicable statutory grant. (d) All funds received or generated from trust lands or trust assets shall be segregated in separate accounts from nontrust received or generated funds. (e) (1) Unless otherwise prescribed by an applicable statutory grant, on or before December 31 of each year, each local trustee of granted public trust lands shall file with the commission a detailed statement of all revenues and expenditures relating to its trust lands and trust assets, including obligations incurred but not yet paid, covering the fiscal year preceding submission of the statement. (2) The statement shall be prepared in accordance with generally accepted accounting principles and may take the form of an annual audit prepared by or for the local trustee of granted public trust lands. (3) (A) The detailed statement shall be submitted along with a standardized reporting form developed by the commission. (B) The commission shall use an existing reporting form previously developed for purposes of this paragraph, if a finding is made by the commission that it is generally responsive to the needs of the commission as prescribed in this section. Alternatively, the commission may develop a reporting form that requires a local trustee of granted public lands to report on all of the following: (i) A summary of all funds received or generated from trust lands or trust assets. (ii) A summary of all spending of funds received or generated from trust lands or trust assets. (iii) Any other disposition of funds received or generated from trust lands or trust assets or of the trust lands or trust assets themselves. (iv) A description of the manner in which the statement required by this subdivision and accompanying the reporting form is organized. (v) Any other information that the commission deems to be included in an accounting of granted public trust lands. (C) The adoption of the form by the commission pursuant to this subdivision is the prescription of a form for purposes of subdivision (c) of Section 11340.9 of the Government Code. (4) All forms and supporting statements submitted pursuant to this section shall be public records and be made available on the commission’s Internet Web site. (f) (1) The costs that may be incurred by a local trustee of granted public trust lands that result from any new duties imposed upon that trustee pursuant to Chapter 206 of the Statutes of 2012, including the requirement to submit a standardized reporting form required by paragraph (3) of subdivision (e), shall be paid from the revenues derived from its granted public trust lands and assets specified in subdivision (b). (2) If the revenues derived from the granted public trust lands and assets specified in subdivision (b) are not sufficient to pay the costs for the duties specified in paragraph (1), the commission shall exempt the local trustee of granted public trust lands from performing those duties for which the revenues are not sufficient, or grant a deadline extension from the performance of those duties until sufficient funds are available. (Amended by Stats. 2014, Ch. 512, Sec. 3. (AB 2764) Effective January 1, 2015.)
  183. 6306.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The State Lands Commission and the City of Los Angeles may take necessary actions for Batiquitos Lagoon mitigation, and the port must provide certain boating facilities and a safety publication.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6306.1. Notwithstanding any other provision of law, the State Lands Commission and the City of Los Angeles, acting by and through its Board of Harbor Commissioners, may take all actions which are necessary for mitigation of expansion of the Port of Los Angeles by the enhancement, restoration, and management of Batiquitos Lagoon in the County of San Diego. Nothing in this section exempts the Batiquitos Lagoon Restoration Project from the regulatory requirements or jurisdiction of any public entity. If any interests in property are acquired as a part of the Batiquitos Lagoon mitigation project, these interests are to be held in trust for the public as sovereign lands by the State Lands Commission. The Legislature finds that adequate area for appropriate mitigation of impacts on biological resources does not presently exist within Los Angeles Harbor. The City of Los Angeles, acting by and through its Board of Harbor Commissioners, may expend harbor revenue funds to enhance, restore, and manage Batiquitos Lagoon. The Legislature further finds that the enhancement, restoration, and management of Batiquitos Lagoon will provide benefits to the Port of Los Angeles and the community because it will (1) facilitate the development of an outer harbor landfill which is the initial step in relocating hazardous liquid bulk facilities in the port, thereby providing substantial safety benefits to the surrounding community, (2) allow the port, as part of a larger project, to generate substantial additional revenues to carry out the mandate in the state tidelands grants that the port promote commerce, navigation, and fishery; and (3) create future opportunities for recreational development consistent with tideland grants. The port shall provide a recreational boating sanitation facility, navigational aids in the Cabrillo Channel, and a free boating safety publication. Provision of these facilities shall be considered by the California Coastal Commission in determining whether the conditions of coastal permit 5-85-623 have been met. (Added by Stats. 1986, Ch. 1415, Sec. 1. Effective September 30, 1986.)
  184. 6306.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The City of Oakland may use tidelands revenue for offsite land acquisition or restoration work only if the listed findings are made, and the State Lands Commission may lease land transferred to it under this section.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6306.2. (a) Notwithstanding any other provision of law, in order to mitigate the effects of the project which is the subject of the Department of the Army Permit No. 14003E48B, issued July 23, 1986, the City of Oakland, acting by and through its Board of Port Commissioners, may use revenue accruing from, or out of, the use of granted tidelands, for the acquisition of land, or an interest in land, located outside the geographical boundaries of the trust grant, or for the enhancement, restoration, or management of land located outside the trust grant, if the commission makes all of the following determinations: (1) That adequate areas for appropriate mitigation do not presently exist within the geographical boundaries of the port district trust grants, and that if some of the mitigation can occur within the geographical boundaries of the port district trust grants, that mitigation will be included in the mitigation program. (2) That the proposed offsite mitigation best promotes appropriate public trust purposes for which sovereign tidelands and submerged lands are held by the state, its location is appropriate in consideration of public trust needs, and it addresses the specific impacts of the project. (3) That, unless the proposed offsite mitigation is to be located within another tidelands trust grant, title to any land or interest in land acquired, as well as any land which is to be enhanced, restored, or managed, will be transferred to the state, acting by and through the State Lands Commission, to be held in trust for the public as land having the legal character of sovereign lands. (4) That the mitigation is in the best interest of the state. (b) The State Lands Commission may lease any land or interest in land transferred to it pursuant to this section, as provided by Part 2 (commencing with Section 6501). (Added by Stats. 1986, Ch. 1415, Sec. 2. Effective September 30, 1986.)
  185. 6307.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may exchange certain public-trust tide, submerged, and navigable-water lands for other lands if listed conditions are met.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6307. (a) The commission may enter into an exchange, with any person or any private or public entity, of filled or reclaimed tide and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands, if the commission finds that all of the following conditions are met: (1) The exchange is for one or more of the purposes listed in subdivision (c). (2) The lands or interests in lands to be acquired in the exchange will provide a significant benefit to the public trust. (3) The exchange does not substantially interfere with public rights of navigation and fishing. (4) The monetary value of the lands or interests in lands received by the trust in exchange is equal to or greater than that of the lands or interests in lands given by the trust in exchange. (5) The lands or interest in lands given in exchange have been cut off from water access and no longer are in fact tidelands or submerged lands or navigable waterways, by virtue of having been filled or reclaimed, and are relatively useless for public trust purposes. (6) The exchange is in the best interests of the state. (b) Pursuant to an exchange agreement, the commission may free the lands or interest in lands given in exchange from the public trust and shall impose the public trust on the lands or interests in lands received in exchange. (c) An exchange made by the commission pursuant to subdivision (a) shall be for one or more of the following purposes, as determined by the commission: (1) To improve navigation or waterways. (2) To aid in reclamation or flood control. (3) To enhance the physical configuration of the shoreline or trust land ownership. (4) To enhance public access to or along the water. (5) To enhance waterfront and nearshore development or redevelopment for public trust purposes. (6) To preserve, enhance, or create wetlands, riparian or littoral habitat, or open space. (7) To resolve boundary or title disputes. (d) The commission may release the mineral rights in the lands or interests in lands given in exchange if it obtains the mineral rights in the lands or interests in lands received in exchange. (e) The grantee of any lands or interests in lands given in exchange may bring a quiet title action under Chapter 7 (commencing with Section 6461) of Part 1 of Division 6 of this code or Chapter 4 (commencing with Section 760.010) of Title 10 of Part 2 of the Code of Civil Procedure. (Repealed and added by Stats. 2005, Ch. 585, Sec. 3. Effective October 6, 2005.)
  186. 6307.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may swap land interests with Arizona, but the exchanged lands must match fair market value as far as possible and the exchange must satisfy the public trust condition.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6307.1. (a) This section applies only to land in which California has a sovereign interest that lies within the boundaries of the State of Arizona and land in which Arizona has a sovereign interest that lies within the boundaries of the State of California, as a result of changes in the course of the Colorado River, and the redefinition in 1963 of the boundary between the two states. (b) The commission may enter into land exchange agreements with Arizona to transfer California’s sovereign interest in land located within the boundaries of Arizona and to acquire Arizona’s sovereign interest in land located within the boundaries of California. (c) The fair market value of the land transferred to Arizona shall be equal to the fair market value of the land acquired from Arizona. This requirement is not mandatory for each separate exchange transaction, but to the extent possible shall be complied with upon completion of all possible exchanges. (d) The total value of all lands exchanged pursuant to this section shall be determined according to fair market value. Upon completion of all possible exchanges, if there is a difference between the total value of all land transferred to Arizona, and all land acquired by California, the difference shall be eliminated by cash payments from or to the Land Bank Fund established by the Kapiloff Land Bank Act (Division 7 (commencing with Section 8600)). (e) The commission may release the mineral rights in all the land transferred if it receives the mineral rights in all the land acquired. (f) All land to be acquired by California pursuant to this section shall become, upon acquisition, sovereign land of California subject to the public trust. Any exchange shall be void unless the land to be acquired by Arizona pursuant to the exchange becomes, upon acquisition, sovereign land of Arizona subject to the public trust. (g) Any land exchange made pursuant to this section shall be subject to the exemption from the California Environmental Quality Act contained in Section 21080.11. (Amended by Stats. 2003, Ch. 62, Sec. 248. Effective January 1, 2004.)
  187. 6308.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    In certain cases about title or boundaries of tidelands or submerged lands, the State of California must be joined, summons must be served on the Chair of the State Lands Commission and the Attorney General, and the Attorney General must represent the state. Costs cannot be recovered from the state if judgment is entered against it.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6308. If an action or proceeding is commenced by or against a county, city, or other political subdivision or agency of the state involving the title to or the boundaries of tidelands or submerged lands that have been or may hereafter be granted to it in trust by the Legislature, the State of California shall be joined as a necessary party defendant in the action or proceeding. Service of summons shall be made upon the Chair of the State Lands Commission and upon the Attorney General, and the Attorney General shall represent the state in all the actions or proceedings. If judgment is given against the state in the action or proceeding, costs shall not be recovered from the state. (Amended by Stats. 2011, Ch. 296, Sec. 259. (AB 1023) Effective January 1, 2012.)
  188. 6309.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission oversees salvage activities on state tide and submerged lands and generally requires a salvage permit for such operations.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6309. (a) The commission shall administer the Shipwreck and Historic Maritime Resources Program, which consists of the activities of the commission pursuant to this section and Sections 6313 and 6314. (b) The commission has exclusive jurisdiction with respect to salvage operations over and upon all tide and submerged lands of the state. The commission may grant the privilege of conducting salvage operations upon or over those lands by the issuance of permits. The commission may adopt rules and regulations in connection with applications for those permits, and the operations to be conducted in the salvage operation, that the commission determines to be necessary to protect those lands and the uses and purposes reserved to the people of the state. (c) The commission may issue permits for salvage on granted tide and submerged lands only after consultation with the grantee and a determination by the commission that the proposed salvage operation is not inconsistent with the purposes of the grant. (d) A salvage permit shall be required of a person or entity to conduct any salvage operation. As used in this section and Section 6313, “salvage operation” means any activity, including search by electronic means, or exploration or excavation using tools or mechanical devices, with the objective of locating, and recovering or removing vessels, aircraft, or any other cultural object from the surface or subsurface of state submerged lands. (e) Salvage permits shall be issued for one year, with the option to renew the permit for additional one-year periods at the discretion of the commission upon a showing that the permitholder has diligently and lawfully pursued the permitted activity and has achieved to a reasonable extent the purpose for which the permit was issued. (f) The commission may require that a person designated by the commission and paid by the permitholder be present during each phase of a salvage operation to observe and monitor compliance with the terms of the permit. The permitholder shall, upon the request of the commission, provide or pay for a reliable communication system for the observer to maintain contact with the office of the commission while on the salvage site. (g) The commission may issue a permit for the search or recovery of nonhistoric vessels, aircraft, or submerged objects, and for the search, archaeological investigation, and recovery of historic vessels, aircraft, or other submerged historic resources as defined in subdivision (b) of Section 6313. The commission shall determine the appropriate type of permit to issue based on its evaluation of the salvage project and the project’s probable impact on the site or objective, and the impact on the state submerged lands. The commission shall not require a permit for any recreational diving activity which does not disturb the subsurface or remove objects or materials from a submerged archaeological site or submerged historic resource as defined in Section 6313. (h) (1) Permits may be revoked by the commission, after notice to the permitholder, at any time the commission finds that the permitholder has failed to comply with the terms of the permit or any law or regulation governing the permitted activity. (2) A stop work order may be issued by the executive officer of the commission at the request of the onsite observer provided by subdivision (f), if the observer determines that the activities of the permitholder are not within the permitted activity. A stop work order shall be issued after the nonpermitted activity is brought to the attention of the person in charge of the onsite operation and that person fails or refuses after sufficient time and opportunity to change or correct the activity. Written notice of the stop work order shall be given to the person in charge of the onsite activity and a hearing by the executive officer or his or her designee shall be provided to the permitholder within three business days. (3) After the hearing the commission may seek enforcement of, or the permitholder may seek relief from, the stop work order in the superior court in the county in which the activity is being conducted. The relief may include damages for failure to comply with the stop work order. The commission may deny an application for a permit when it finds that the applicant has failed to provide, for a period of 60 days, information specifically requested by the commission which is necessary to complete the application. (i) When title to the objects, including a vessel, to be recovered is vested in the state, the commission shall provide for fair compensation to the permitholder in terms of a percentage of the reasonable cash value, or a fair share, of the objects recovered. The reasonable cash value of the objects shall be determined by appraisal by qualified experts selected by the commission. The commission shall determine the amount constituting fair compensation, taking into consideration the circumstances of each case. Title to all objects recovered is retained by the state until it is released by the commission. (j) The commission may fix and collect reasonable fees and costs for the processing and issuance of permits under this section. The applicant may be required to post a bond to ensure the completion of the project or payment of costs, or to deposit funds with the commission sufficient to cover costs and expenses chargeable to the applicant by law or by an agreement for reimbursement. If a bond is posted, the bond shall be held by the commission and shall be sufficient to cover all potential costs associated with the project, including preserving, restoring, and protecting the site and its associated finds. (Amended by Stats. 2006, Ch. 135, Sec. 1. Effective January 1, 2007.)
  189. 6310.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If trust tide or submerged lands in a county become part of a city through incorporation, title can pass to the city only when the Legislature specifically authorizes it, and county-held records for the lands must be transferred to the city. The city must also pay the county’s necessary transfer costs.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6310. Whenever tide and submerged lands granted in trust to a county by the Legislature are included within a city’s boundaries as the result of that city’s incorporation, trust title to such lands shall pass to such city only upon specific authorization and direction of the Legislature and at that time all papers, records, and all other documents pertaining to such lands and the administration thereof shall automatically become the property of the city and shall be transferred to the possession of the appropriate city officials by the county officials having possession thereof; provided, that the city shall pay to the county all costs necessarily incurred in making such transfer. (Added by Stats. 1968, Ch. 617.)
  190. 6311.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Certain tideland or submerged land grants must include conditions requiring the grantee to submit a plan and later finish the required facilities.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6311. It is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been designated by the Division of Boating and Waterways within the Department of Parks and Recreation as the location of a small craft harbor of refuge, shall contain a reservation and condition requiring the grantee to submit a plan to the Division of Boating and Waterways within the Department of Parks and Recreation, within a reasonable period of time after the effective date of the grant, for the construction of facilities necessary or convenient for the use of the granted lands as a small craft harbor of refuge, and requiring the construction of facilities to be completed within a specified period of time after approval of the plan by the Division of Boating and Waterways within the Department of Parks and Recreation. (Amended by Stats. 2015, Ch. 113, Sec. 9. (AB 1528) Effective January 1, 2016.)
  191. 6311.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Local trustees above the revenue threshold must prepare and submit a sea level rise assessment by July 1, 2019; smaller-revenue trustees may do so voluntarily, and the commission can exempt trustees in specified cases.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6311.5. (a) For the purposes of this section, the following terms shall have the following meanings: (1) “Local trustee” means a local trustee of granted public trust lands that is a county, city, or district, including water, sanitary, regional park, port, or harbor district, or any other local political or corporate subdivision that has been granted public trust lands through a legislative grant. (2) “Gross public trust revenues” means those gross revenues that are subject to subdivision (c) of Section 6306. (b) Addressing the impacts of sea level rise for all of its legislatively granted public trust lands pursuant to this section shall be among the management priorities of a local trustee. The geographic scope of a local trustee’s assessment of the impacts from sea level rise is not required to go beyond the boundaries of the local trustee’s granted public trust lands. (c) A local trustee, whose gross public trust revenues average over two hundred fifty thousand dollars ($250,000) annually between January 1, 2009, and January 1, 2014, shall prepare and submit to the commission, no later than July 1, 2019, an assessment of how the local trustee proposes to address sea level rise. A local trustee whose gross public trust revenues are two hundred fifty thousand dollars ($250,000) or less may, but is not required to, prepare and submit to the commission an assessment. (d) For the purposes of subdivision (c), a local trustee shall consider and use relevant information from the 2009 California Climate Adaptation Strategy prepared by the Natural Resources Agency, the Report on Sea Level Rise Preparedness prepared by the State Lands Commission, the Sea-Level Rise for the Coasts of California, Oregon, and Washington: Past, Present, and Future, a report prepared by the National Academy of Sciences, the Resolution of the California Ocean Protection Council on Sea-Level Rise, the State of California Sea-Level Rise Guidance Document, and any subsequent updates to those reports that become available six months prior to the date the local trustee submits the assessment to the commission. A local trustee’s assessment prepared pursuant to subdivision (c) shall include all of the following: (1) An assessment of the impact of sea level rise on granted public trust lands, as described in the Resolution of the California Ocean Protection Council on Sea-level Rise and the latest version of the State of California Sea-Level Rise Guidance Document. (2) Maps showing the areas that may be affected by sea level rise in the years 2030, 2050, and 2100. These maps shall include the potential impacts of 100-year storm events. A local trustee may rely on appropriate maps generated by other entities. (3) An estimate of the financial cost of the impact of sea level rise on granted public trust lands. The estimate shall consider, but is not limited to, the potential cost of repair of damage to and the value of lost use of improvements and land, and the anticipated cost to prevent or mitigate potential damage. (4) A description of how the local trustee proposes to protect and preserve natural and manmade resources and facilities located, or proposed to be located, on trust lands and operated in connection with the use of the trust lands. The description shall include, but is not limited to, how wetlands restoration and habitat preservation would mitigate impacts of sea level rise. (e) In addressing the impacts of sea level rise, a local trustee shall collaborate with its lessees, appropriate local, state, and federal agencies, and other users of the granted public trust lands. (f) (1) A local trustee that prepares an assessment pursuant to subdivision (c) shall submit a copy to the commission in hard copy and electronic form. The commission shall make the assessment available to the public on its Internet Web site and, for informational purposes, shall send an electronic copy to each member of the Climate Action Team, the climate change program manager in the office of the Secretary for Environmental Protection, and the Governor’s Office of Planning and Research. (2) For purposes of compliance with this subdivision, if a trustee has already completed an assessment of the impacts of sea level rise that meets the criteria of this section, the trustee may submit that assessment to the commission. (g) The commission shall exempt a local trustee of granted public trust lands from this section if the commission finds either of the following: (1) The local trustee’s public trust lands are not subject to sea level rise by 2100, based upon the highest projections in the most recent version of the State of California Sea-Level Rise Guidance Document. (2) The cost to provide an assessment of how the local trustee proposes to address the impacts of sea level rise substantially outweighs the benefit the action would have in preventing the potential economic and environmental harms associated with sea level rise on the local trustee’s granted public trust lands. In making this determination, the economic benefits of all ecological services provided by the existing natural resources in the local trustee’s granted public trust lands shall be considered. (h) The commission shall exempt a local trustee from this section if the revenues derived from its granted public trust lands and assets subject to subdivision (c) of Section 6306 or funding made available to it from other discretionary sources is not sufficient to pay for the cost of assessing the impacts of sea level rise on granted public trust land and providing this information to the commission. (i) The commission shall consider a local trustee’s request for an exemption pursuant to subdivision (g) or (h) at a properly noticed commission meeting if the request is made before November 1, 2018. (j) Other than submission of the assessment required by subdivision (c), this section does not require a local trustee to implement any specific actions to address sea level rise pursuant to this section. (k) Nothing in this section shall be construed to conflict with any federal regulations governing sea level rise. (Added by Stats. 2013, Ch. 592, Sec. 2. (AB 691) Effective January 1, 2014.)
  192. 6312.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    State and local subdivisions may not take possession of lawful improvements on certain tidelands or submerged lands without first tendering fair and just compensation, but the grant or patent can agree to waive compensation for improvements.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6312. Neither the state, nor any political subdivision thereof, shall take possession of lawful improvements on validly granted or patented tidelands or submerged lands without the tender of a fair and just compensation for such lawful improvements as may have been made in good faith by the grantee or patentee or his successors in interest pursuant to any express or implied license contained in the grant or patent. Nothing herein contained shall be deemed to prevent the parties to a grant or patent of tidelands from agreeing, as a part of such grant or patent, that there shall be no compensation paid for any improvement made on those tidelands to which such agreement relates. Nothing herein contained is intended to increase, diminish, or affect the title of any person in any validly granted or patented tidelands or submerged lands. This section shall not be construed to require compensation for any change in the use of tidelands or submerged lands as a result of governmental regulation that prohibits, restricts, delays, or otherwise affects the construction of any planned or contemplated improvement. As used in this section, the term “grant” or “granted” shall not be construed to apply to legislative grants in trust to local governmental entities. (Added by Stats. 1974, Ch. 1191.)
  193. 6313.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    This section gives the state commission control over abandoned shipwrecks and submerged archaeological or historic resources, lets it issue or deny salvage permits, and requires inventory, public listing, and permit procedures.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6313. (a) The title to all abandoned shipwrecks and all archaeological sites and historic resources on or in the tide and submerged lands of California is vested in the state. All abandoned shipwrecks and all submerged archaeological sites and submerged historic resources of the state shall be in the custody and subject to the control of the commission for the benefit of the people of the state of California. The commission may transfer title, custody, or control to other state agencies or recognized scientific or educational organizations, institutions, or individuals by appropriate legal conveyance. (b) As used in this section, “submerged archaeological site” and “submerged historic resource,” shall be given the broadest possible meaning, to include any submerged object, structure, building, watercraft, aircraft, or vessel and any associated cargo, armament, tackle, fixture, human remains, or remnant of those objects, or a site, area, person, or place, which is historically or archaeologically significant, or significant in the prehistory or history or exploration, settlement, engineering, commerce, militarism, recreation, or culture of California and that is partially or wholly embedded in or resting on state submerged or tidal lands. (c) Sites with archaeological or historic significance shall be determined by reference to their eligibility for inclusion in the National Register of Historic Places or the California Register of Historical Resources. Any submerged archaeological site or submerged historic resource remaining in state waters for more than 50 years shall be presumed to be archaeologically or historically significant. The commission, with the assistance of the State Office of Historic Preservation, shall identify, compile, and maintain an inventory of shipwreck sites, or sites of archaeological or historical significance and shall make the listing available to the public. (d) Permits for salvage operations involving submerged archaeological sites or submerged historic resources may be granted by the commission when the proposed activity is justified by an educational, scientific, or cultural purpose, or the need to protect the integrity of the site or the resource. The commission may issue permits to individuals or organizations representing museums, universities, colleges, or other recognized scientific or educational institutions and individuals that demonstrate the capability to properly carry out archaeological investigations. The commission may deny an application for a permit to an applicant who the commission determines has not demonstrated the ability to properly conduct an archaeological investigation or salvage activities. The commission may consider the applicant’s past conduct with regard to salvage operations when making this determination. (e) (1) Prior to the issuance of a permit under subdivision (d), the applicant shall provide to the commission a detailed project design that includes all of the following: (A) The purpose of the project. (B) A description of the methodology, technology, and equipment to be employed. (C) The project funding source. (D) A timetable for the completion of the project. (E) The composition, qualifications, and responsibilities of the project team. (F) A conservation and curation plan, if applicable. (G) A plan to document all phases of the project. (H) A safety plan. (I) An outline and timetable for preparation and submission of progress reports and a final report. (J) Other information that the commission deems necessary to properly evaluate the application. (2) All activities permitted under subdivision (d) or required by this subdivision shall be accomplished under the direct supervision of a person who meets the qualifications required of a professional marine archaeologist. (f) The commission shall forward applications for permits for archaeological investigation or excavation and recovery of historic vessels, aircraft, or other submerged historic resources in state waters, including the information required by subdivision (e), to the State Office of Historic Preservation, and may provide the applications and information to other qualified organizations and individuals, as appropriate, for technical review of the project design and recommendation concerning the preservation and protection of the site or resource. (g) The commission shall provide for the disposition of all objects or other materials recovered, which may include provisions for display in museums, educational institutions, and other appropriate locations available to the public. (h) The commission may contract with persons, firms, corporations, or institutions who, for the privilege of having temporary possession of recovered archaeological resources, will advance to the commission the money necessary to conduct salvage operations or to purchase from a permitholder, from his or her fair share, archaeological resources which the commission determines should remain the property of the state. A contract may be made only on the condition that the commission may, at any time, repay the money advanced, without interest or additional charges of any kind, and recover possession of the resources. During the time the resources are in the possession of the entity advancing the money, the resources shall be available for viewing by the general public at a nominal fee or without charge. (i) The commission may also contract with other state agencies, qualified public or private institutions, local governments, or individuals for public display of the archaeological resources recovered. The commission shall require assurances that appropriate security, qualified personnel, insurance, and facilities for preservation, restoration, and display of the resources loaned are provided under the contract. (Amended by Stats. 2006, Ch. 135, Sec. 2. Effective January 1, 2007.)
  194. 6314.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    Removing, destroying, or damaging certain state-owned submerged archaeological or historic resources without commission authorization is a misdemeanor, and related items may be confiscated and later returned unless needed as evidence.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 1. Administration and Control Generally [6301 - 6314] ( Article 1 added by Stats. 1941, Ch. 548. ) ## 6314. (a) A person who removes, without authorization from the commission, or a person who destroys or damages an archaeological site or a historic resource, that is located on or in the submerged lands of, and that is the property of, the state, is guilty of a misdemeanor, which shall be punishable by imprisonment in a county jail not to exceed six months or a fine not to exceed five thousand dollars ($5,000), or by both. (b) The commission, or, at its request, the Attorney General or a district attorney in whose jurisdiction the violation occurred, may seek civil damages for the damage, loss, or destruction of an abandoned shipwreck, its gear or cargo, or an archaeological site or historic resource located on or in submerged lands of the state. A vessel used to damage, destroy, or cause the loss of, any shipwreck or archaeological site or historic resource is subject to a proceeding in rem by the state for the costs and damages resulting from that damage, destruction, or loss. Enforcement may include, where appropriate, a restraining order or injunctive relief to restrain and enjoin violations or threatened violations of Section 6309, Section 6313, or this section and for the return of items taken in violation of these sections. (c) An artifact, object, or material that has been removed from a state submerged archaeological site or submerged historic resource, as specified in subdivision (a), and that is found in any watercraft occupied by persons who do not hold a permit as required by Section 6309 or 6313 or other reasonable evidence of legal possession is prima facie evidence of a violation of that section and the artifact, object, or material may be confiscated by a state, federal, or local law enforcement officer. An artifact, an object, or material confiscated pursuant to this section shall be returned to the person claiming ownership, upon proof of ownership or legal right to possession, within 30 days of its confiscation, unless a prosecuting attorney determines that it is required as evidence in the prosecution of a criminal violation. (d) In a case in which a district attorney, at the request of the commission, or with its concurrence, enforces subdivision (a), the commission shall, notwithstanding Section 1463 of the Penal Code, be entitled to an equal division of the fine imposed. (e) All state and local law enforcement agencies and officers are directed to assist in enforcing this section, and are requested to work with and seek the cooperation of federal law enforcement agencies, including deputizing federal officers when appropriate. (Amended by Stats. 2007, Ch. 130, Sec. 203. Effective January 1, 2008.)
  195. 6321.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may let a littoral owner build, alter, or maintain certain shoreline structures if the owner applies in writing and the structures do not unreasonably interfere with public uses. The commission must also make and enforce reasonable rules and collect fees, subject to an actual-cost limit and a government fee exemption.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6321. The commission may, upon written application of the littoral owner, grant authority to any such owner to construct, alter or maintain, groins, jetties, sea walls, breakwaters, and bulkheads, or any one or more such structures, upon, across or over any of the swamp, overflowed, marsh, tide or submerged lands of this state bordering upon such littoral lands if, at the time of construction or alteration, such structures do not unreasonably interfere with the uses and purposes reserved to the people of the state. Except as provided in Section 18930 of the Health and Safety Code, the commission shall make reasonable rules with reference to such applications and the location, type, character, design, size, and manner under which such structures may be constructed, altered or maintained, and shall take suitable measures to enforce such rules and building standards published in the State Building Standards Code. It shall fix and collect reasonable fees, not exceeding the actual cost, for the filing and examination of each such application, and for the performance of such other duties as may be required under the provisions of this chapter. Notwithstanding anything in this article, no such fees for the filing and examination of applications shall be required of, nor collected from the United States or any agency thereof, or from the state, its agencies or political subdivisions. (Amended by Stats. 1979, Ch. 1152.)
  196. 6321.2.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may fix and collect reasonable charges or rentals for use of lands where Section 6321 structures are situated, in addition to the fees in Section 6321.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6321.2. In addition to the fees provided in Section 6321, the commission may fix and collect reasonable charges or rentals for the use of lands upon which any of the structures authorized under Section 6321 are situated. (Added by Stats. 1941, Ch. 1241.)
  197. 6322.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The commission may remove, require removal, repair, or alteration of certain existing structures, and may regulate their type, character, design, size, and maintenance.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6322. The commission may also remove or require to be removed, repaired or altered, and may regulate the type, character, design, size, and maintenance of, such structures existing on August 14, 1931, and, except as provided in Section 18930 of the Health and Safety Code, may make reasonable rules in reference thereto. (Amended by Stats. 1979, Ch. 1152.)
  198. 6323.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If a structure causes accretions, the State, local governments, and people claiming through them may not put or keep fences, buildings, or other structures on those accretions, except for the authorized structure, life-protection or public-recreation appliances, and any Article 3 exception.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6323. If accretions are caused or occasioned by any such structure authorized hereunder, no fence, building or other structure of any kind, other than the structure so authorized and appliances for the protection of life and public recreation, shall be permitted or suffered to be erected or maintained either by the State or by any political subdivision or municipality, or by any one claiming under or through them, upon any such accretions belonging to others than the littoral owner, to the end that all such accretions shall at all times be and remain an unobstructed and open beach, except as provided in Article 3 of this chapter. (Amended by Stats. 1949, Ch. 433.)
  199. 6324.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    If the commission cannot exercise certain land-related powers and duties in an area, those powers and duties are transferred to the local municipality, political subdivision, or district; trust, limited-purpose, or conditional land grants are not changed.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6324. If by reason of any grant to any municipality, political subdivision, or district, or by reason of any charter of any city or county, any of the powers and duties which are granted to or imposed upon the commission in relation to lands described in this article can not be exercised by the commission within any municipality, political subdivision, or district, or any portion thereof, then such powers and duties are to that extent granted to and imposed upon such municipality, political subdivision or district, to be exercised and performed by, or under the authority of, the legislative or other governing body thereof, but where any such lands have been granted to any municipality or other governmental agency in trust or for limited purposes or upon conditions, nothing in this chapter shall affect or extend such trusts or purposes or modify or affect such conditions. (Added by Stats. 1941, Ch. 548.)
  200. 6325.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. )

    Verify source ↗

    The applicant still must get permission from the proper federal agencies before constructing, altering, or maintaining the authorized structures.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001 - 6477] ( Part 1 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon [6301 - 6360] ( Chapter 4 added by Stats. 1941, Ch. 548. ) ## ARTICLE 2. Control of Structures [6321 - 6327] ( Article 2 added by Stats. 1941, Ch. 548. ) ## 6325. The authority granted under this chapter does not obviate the necessity for the applicant to obtain permisssion from the proper federal agencies to construct, alter, or maintain the structures herein authorized. (Amended by Stats. 1970, Ch. 607.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.