HomeMy WebLinkAboutMINUTES - 07071987 - S.6 TO'. 'BOARD OF SUPERVISORS
FROM : Supervisor Tom Torlakson Contra
DATE; July 7, 1987 Costa
SUPPORT FOR THE WILDLIFE, COASTAL AND Coirty
SUBJECT: PARK LAND INITIATIVE
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECONIlETDED ACTION: Send letter to our legislative
delegation in support of the Wildlife, Coastal and Park land
Initiative which will provide $776 million to save threatened parks,
wildlife habitat, open space and beaches.
BACKGROUND INFORMATION: Please refer to attachment for
additional information.
TT:gro
Attachments
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - July 7, 1987 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT I, IV AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED '
P L BA�HELOR. RK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY_ DEPUTY
4050 Poplar Ave.
Concord, CA 94521
June 12, 1987
3upervisor Tom Torlakson
300 Nast Leland Road
Pittsburg, CA 94565
Dear Tom:
We are writing you regarding our concerns on two subjects of
special interest to us. Since we will be out of town soon, we are
expressing our concerns in this letter.
Nirst: We are involved in Californians for Parks and Wildlife,
a wildlife , coastal and park land initiative. Please refer to the
enclosed information. Mount Diablo State Park is scheduled to
receive 24 million for land acquisition through this act. This
appears to be our only source of acquisition funding in -the near
,- future. We hope that the Board of Supervisors will enOorse this
initiative.
Second: It is our understanding that the Board of Supervisors
have been approached to support continued grazing on Mount Diablo
State Park as a means of fire prevention. Grazing as a fire retardant
is only possible when an area is overgrazed. The ;round is left
completely bare. Our feeling is that much grazing destroys the
natural resources of the park. Preserving the natural resources is
the reason for establishing and maintaining the State Park.
The General Plan for Mount Diablo State Park is
presently being prepared by the State Department of Parks and
Recreation. The issues of preserving the natural resources, grazing,
fire Prevention and many other concerns will be addressed in this
planning process. Thus, we would suggest that the Board of
Supervisors should not take a stand on the grazing issue, but remain
neutral. Let the Department of Parks and Recreation, in the General
Plan process , �ith puhlic hearings , solve these problems.
We appreciate and thank you for your interest in environmental
concerns and your work to keep Contra Costa County a beautiful place
in which to live.
Sincerely yours,
1 encl
Californians for Parks and Wildlife
June 22, :1987
Supervisor Tom A. Torlakson
300 East Leland Road, Suite 100
Pittsburg CA 94565
Dear Supervisor Torlakson:
We are pleased to inform you of a proposed statewide initiative which
will provide important and badly needed funding for the protection of parks,
wildlife areas and California's coast. If the initiative qualifies it will
appear on the June 1988 election. Signatures will be gathered beginning this
week and through November of this year.
Our groups are supporting the initiative because it will directly benefit
our local area. The following projects included for funding within the
initiative are in our county:
$4 million for expansion of Mount Diablo State Park.
$4 million for expansion of Little Franks Tract
$1.5 million for the Carquinez Shoreline Park
$25 million for East Bay Shoreline State Park (also in Alameda Co. )
p10 million for expansion of existing parks, including Morgan Territory
and Briones (also in Alameda Co.)
In addition to these local projects, all local agencies which provide
park services will receive funding based on their population (per capita) .
Local agencies will also be able to compete for funds in the following
categories: trail acquisition and development, historical preservation, urban
park development, urban forestry, and urban stream preservation.
We believe that this initiative is necessary because of the recent lack
of state and federal funding to acquire and develop parkland and wildlife
habitat. Last year several bond acts of this type failed to be placed on the
ballot, and we have decided to join in the initiative effort as a means of
gaining these funds, which our local area needs so badly.
In addition to the seven groups signing this letter, the initiative is
being supported by the Carquinez Shoreline Committee and the Contra Costa
Greenbelt Congress.
Attached is a copy of the text of the initiative and several other pieces
of information. We would be happy to meet with you to discuss the initiative
Page 2
further. Many thanks for taking the time to review this issue.
Sincerely,
'Joe Bot ea Genevieve Sattler L,, Norman LaForce v0 0-
(Al - Contra Costa Save Mt. Diablo Sierra Club S.F. Bay Chapter
Inte unty Parks Foundation and Citizens for Eastshore
State Park
Barry Nelson Al McNabney Judit Kunof ky
Save S.F. Bay Association Mt. Diablo Audubon �Peopl for en Space
Attachments:
projects .funded by the initiative
one-page fact sheet
Q & A on the initiative
text of initiative
1
CALIFORNIANS FOR PARKS Sc WILDLIFE
909 12th Street, Suite 203
Sacramento, CA 95814
(916} 448.1786
THE WILDLIFE, COASTAL AND PARK LAND INITIATIVE
This Wildlife, Coastal and Park Land initiative is a
statewide campaign to preserve California's magnificent wildlife
habitat, coastal and park lands. These lands are an essential
part of our state's unique natural heritage. If passed by the
voters, this initiative would provide funding to permanently
protect these lands throughout California.
The Wildlife, Coastal and Park Land initiative will provide
$776 million to save threatened parks, wildlife habitat, open
space, and beaches. Most of these lands will be in or near urban
areas, but some of our most important wildlands and river areas
will also be preserved.
The initiative will place a bond act on the June, 1988
ballot to preserve our beautiful and irreplacable land resources.
375,000 valid signatures must be gathered to qualify the initia-
tive for the ballot. CALIFORNIANS FOR PARKS AND WILDLIFE (the
sponsor of the initiative) has set a goal of 600,000 signatures,
since many signatures turn out to be invalid. Signatures must be
gathered between June 15, 1987 and November 15, 1987.
The initiative will provide funds for the following
purposes:
State Park System
Regional and Local Parks
Wildlife habitat protection
Coastal protection
Santa Monica Mountains
Historic Preservation
Trails, Urban Streams,
Urban Forestry
Most of the funds will be used to acquire land, and some
funding will also be available to build trails and to provide
public access and facilities for public use. Local agencies will
receive funding to spend on their highest priority park and
recreation projects.
The initiative is supported by the Planning and Conservation
League, Sierra Club, Defenders of Wildlife, National Audubon
Society, California Native Plant Society, the League of Women
Voters and dozens of other national, state and local conservation
and wildlife organizations and local civic and business groups.
We welcome and need your help in this landmark effort. For
more information about local campaign efforts in your area,
con-tact Californians for Parks and Wildlife, 909 12th St. Suite
203, Sacrammento, CA. 916-448-1786
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CALIFORNIANS FOR PARKS & WILDLIFE
909 12th Street, Suite 203
Sacramento, CA 95814
(916) 448.1786
QUESTIONS AND ANSWERS ABOUT THE PARKS AND WILDLIIFE INITIATIVE
1 ) Why do we need a wildlife and park land preservation bond act?
Funds are urgently needed to preserve California's magnificent wildlife
habitat, coastal and park lands. These lands are disappearing rapidly, and we
must act now if we want to protect our state's unique natural heritage. The
State and Federal governments have traditionally provided funds for these
purposes, but no new state or federal funds have been allocated for land
preservation purposes.
2) What does the Bond Act Initiative do?
I
It would place on the June 1988 ballot a bond act to provide 776 million
dollars to acquire parkland, wildlife habitat and coastal areas.
3) What would the funds be spent on?
I
Funds would be provided for the Hollowing purposes:
State Parks
Regional and Local Parks
Wildlife Habitat
Trout and Salmon habitat :
Coastal Lands
Santa Monica Mountains
Historical Preservation
Trails, Urban streams,
Urban forestry
4) Are the funds for land acquisition or park development?
Most of the funds would be used to acquire land. Sixty million dollars
would be available to provide public access and to develop facilities at State
Parks and beaches, and local park districts would determine how to allocate
the $130 million they would receive.
5) Are specific areas named for preservation?
About half of the funds are for specific park and wildlife protection
projects. The rest of the funds are for statewide programs to preserve
wildlife habitat and park lands.
6) What would be the geographic distribution of the funds?
Of the -total amount allocated by geographic area, about half of the funds
would go to Southern California, and the remainder would go to the rest of the
State.
7) What are the powers of the Legislature under the bond act?
The Legislature could allocate all the funds that are not for specific
projects. But spending within each category could not be changed.
8) Would the agency that receives the funds to acquire land have to
maintain the land?
Yes. Before the funds are distributed, the state and local agencies who
are to receive funds must agree to maintain and preserve the lands for park
and wildlife protection purposes.
9) Why was it necessary to do an initiative?
No land conservation bond act passed the Legislature in 1985 and 1987,
although several attempts were made. There was little prospect for such a bond
act in the near future.
This initiative takes the most important parts of four bond acts that the
Legislature has recently considered: an urban opeen space bond act for $500
million that was sponsored by the Planning and Conservation League; a coastal
protection bond act for $200 million; a wildlife protection bond act for $85
mill-Lon sponsored by the Nature Conservancy; and a State Parks bond act for
$425 milli m
10) Has -the State traditionally passed bond acts to support parks and
wildlife protection?
Yes. This bond act is one in a long series of park and wildlife habitat
bond acts, which were first placed before the voters in the 1920's.
California has the nation's oldest and largest state and local park system,
and it has traditionally obtained funds I for these purposes from bond acts.
Every park and wildlife bond act in the �past 25 years has been approved by the
voters.
11 ) Will -the passage of the bond act raise taxes?
No. The bonds are repaid from the State's existing general fund.
Repayment of bond acts is a first priority for the State, so there is no doubt
that funds already available to the State would be used to repay the bonds.
-1-
12) Has there ever been a bond act ra_
l -_e,� on the ballot it-Lir
the initiative process?
Yes. An initiative bond act to provide funds for the construction of
University of California facilities was approved by the voters in 1914.
13) Is there any opposition to the bond act?
No one has yet opposed the initiative.
14) What can I do to help qualify and pass the bond act
initiative?
Contact CALIFCFwANS FER PANGS AND WILDLIFE, 909 12th St, Suite 203,
Sacramento, CA 95814, or call 916-448-1786. We welcome and need your
participation in gathering signatures from June 15 to November-15, 1987, and
during the campaign that will follow. Thank you for your support.
CALIFORNIANS FOR PARKS & WILDLIFE
909 12th Street, Suite 203
Sacramento, CA 95814
(916) 448-1786
CALIFORNIA WILDLIFE, COASTAL,AND PARK LAND CONSERVATION ACT
SECTION 1.This act shall be known and may be cited as the California Wildlife.Coastal.and Park Land Conservation Act of 1988.
SECTION 2.Division 5.8.1 commencing with Section 5900,is added to the Public Resources Code,to read:
DIVISION 5.8.CALIFORNIA WILDLIFE,COASTAL,AND PARK LAND CONSERVATION ACT
CHAPTER I.GENERAL PROVISIONS
5900.This division shall be known and may be cited as the California Wildlife,Coastal,and Park Land Conservation Act.
5901.The people of California find and declare all of the following:
(a)Parks,wildlife habitat.beaches,and open-space lands arevital to maintaining the quality oflife in California.As thestate'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.
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.
tb)"District"means any regional park or open-space district formed pursuant to Article 31 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 isauthorizedby 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 itscharacteristics 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 predominately 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 ofmajorprograms 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.
(1)"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.
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.
CHAPTER 2,CALIFORNIA WILDLIFE,COASTAL.AND PARK LAND CONSERVATION PROGRAM
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 ofCalifornia to enjoy,appreciate,and visit natural environments
and recreational areas.
Itis 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.
5906.The California Wildlife,Coastal,and Park Land Conservation Fund of 1988 is hereby created.
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,devel-
opment,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 Parka 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,re-
habilitation,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 park lands,wildlife habitat,coastal,and natural lands in California,and for grants to local agencies and nonprofit organizations,including an
amount not to exceed rive million eighty thousand rive 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 ofNisene Marks,Heady 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 tip to at least ten million dollars 1$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 ofPescadero Marsh Natural Preserve at Pescadero State Beach..
(1)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$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($1,000.0001 fi)r expansion ofAndersonMarsh State Historic Park.
(0)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.
12)Fifty-four million seven hundred thousand dollars'$54.70(1,000)for acquisition,development.rehabilitation,or restoration of real property
in the state park system in accordance with the following schedule:
(A)Four seven million hundred thousand dollars 1$4,700,000)for acquisitions of'real property inside the boundaries of existing projects or units
oras additions to existing proiects 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 subdivison t 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 ofthe public investment in the protection ofthe 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 milliondotlars($1,000,000)foracquisition and development oftrailheads fortheSno-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 ofLaguna 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 Iocated 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:
(f)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 ofland primarily through the use ofconservation
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 ofnoncommercial 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 ofthe ridge line ofthe Santa Ynez Mountain
Range.
(ii)One million two hundred thousand dollars($1,200,000)for nonagricultural lands north of the ridge line ofthe 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 Iands 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:
(f)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.
(0)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 ofMarfn for preservationof,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 Tamalpafs,in accordance with the Open Space Elements in the Marin Countywide Plan or the Mill Valley General Pian,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 ofthe 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 devel-
opment 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 o€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.
(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 ofthe river.
(10)Four million dollars($4,000,0(101 for acquisition of inland.San Pablo Bay.and coastal wetlands in Sonoma County,including the Laguna de
Santa Rosa,
(l l)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 along the east shore of Lake Berryessa 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
Elope 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(:64,000,000)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 ofthe 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,en-
hancement,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 12)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 Com-
mercial Salmon Stamp Advisory Committee and the Advisory Committee on Salmon and Steelhead Trout.
(B)Six million dollars($6,000,000)for restoration and enhancement ofwild 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 offish 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 ad-
ministrative 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.
CHAPTER 3.MISCELLANEOUS PROVISIONS
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 oftheir populations,as determined by the Department ofParks 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 ofthe 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 ofthe 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.
(e)(1)Sixty percent ofthe 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 areae 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 ofoverlappingjurisdictions 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 ofthe 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 ofthe 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.
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).
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 ofthe 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.
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.
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(e1 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.
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 ofthe commissions shall make nominations
by vote of its membership.
,•Ib)'I'he Department of Parks and Recreation shalt 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.
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 1 I(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 improve men tofcritical 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.
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 commen-
surate with the type and duration of interest in land held by the applicant.
5918.Every expenditure pursuant to this division shall comply with the California Environmental Quality Act(Division 13(commencing with
Section 21000)).
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 propertyoniy 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(l)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.
Ifthe property sold orotherwise 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.
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 oflike value,transfers ofdevelopment 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.
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.
5922.With respect to Section 5907,ifmoney allocated pursuant to paragraphs(1)and(3)ofsubdivision(b)(except for subparagraph(A)ofparagraph
(1)of subdivision(b)h subdivision(c)(except for paragraph(1)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.
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.
5924.(a)Any lands acquired pursuant to subparagraph(C)ofparagraph(1)of subdivision(b)of Section 5907 or pursuant to other sections of this
act for acquisition of other lands of the Ague 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 Ague Caliente Band of Cahuilla Indians as part of the Ague 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,F.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 Ague Caliente Band of Cahuilla Indians,of the archeological and cultural resources of the lands.
Existing tribai 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 Ague Caliente Indian Reservation Tribal Council.No acquisition within the boundaries of the Ague Caliente Indian Reservation shall be made
without the approval of the Ague 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.
5925.With respect to funds allocated pursuant to subparagraph(L)ofparagraph(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 ofSanta Cruz and the County ofSanta Cruz as defined in the 1979 City ofSanta Cruz Greenbelt Ordinance.Ifany ofthese entities fails to accomplish
the acquisition of all or portions of the Poponip property by January 1,1991,the Department of Parks and Recreation shalt 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.
5926.None of the funds allocated pursuant to subparagraph(G)ofparagraph(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.
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.
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.
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.
CHAPTER 4.FISCAL PROVISIONS
5930.(a)(1)Bonds in the total amount of seven hundred seventy-six million dollars($776.000,000),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 27001 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 Gov-
ernment 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 Fundof 1988 forthe purposesofthis division.and asum.not toexceed 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 Conser-
vation Program(Chapter 7.5(commencing with Section 27001 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.
5931.The bonds authorized by this d ivision shall he prepared.executed,issued,sold,paid,and redeemed as provided in the State General Obligation
Bond Law iChapter 4 tcommencing with Section 16 720)of Part:3 of Division 4 of Title 2 of the Government Code),and ail 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.
5932.(a)Solely for the purpose of authorizing the issuance and sale,pursuant to the State General Obligation Bond Law,ofthe bonds authorized
by tltis 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 t 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."
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.
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 ofthe 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 ofthe revenue to do and perform each and every act which is necessary to collect that additional sum.
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 ofthe 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.
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 ofthe 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 inthe Pooled Money Investment
Account,from money received from the sale of bonds which would otherwise be deposited in that fund.
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.
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 inArticle XIII B ofthe California Constitution,the disbursement of these proceeds is not subject to the limitation
imposed by that article.
SEC.3.Chapter 7.5(commencing with Section 2700)is added to Division 3 of the Fish and Game Code,to read:
CHAPTER 7.5.WILDLIFE AND NATURAL AREAS CONSERVATION PROGRAM
Article 1.General Provisions
2700.This chapter shall be known and may be cited as the Wildlife and Natural Areas Conservation Act.
2701.(a)The fundamental requirement for healthy,vigorous populations of fish and wildlife is habitat.Without adequate habitat,efforts to
conserve and manage fish and wildlife resources will have limited success.Further,California contains the greatest diversity of wildlife and plant
species of virtually any state in the nation.This rich natural heritage enables Californians to enjoy a great variety of recreational,aesthetic,ecological,
and other uses and benefits of these biological resources.The public interest is served only by ensuring that these resources are preserved,protected,
and propagated for this and future generations.
(b)Many of California's wildlife,fish,and plant species and biological communities are found nowhere else on earth.Without adequate protection
andmanagement,rare native species and communities could easily become extinct.Insuchanevent,the benefits they provide to the people ofCalifornia,
whether presently realized or which remain to be discovered,will be lost forever,and California will be significantly poorer as a result.
(c)The people of California have vested in the Department ofFish and Game the principal responsibility for protecting,conserving,and perpetuating
native fish,plants,and wildlife,including endangered species and game animals,for their aesthetic,intrinsic,ecological,educational,and economic
values.To help accomplish this goal,the people of California have further established a significant natural areas program and a natural diversity
data base in the Department of Fish and Game,which is charged with maintaining and perpetuating California's most significant natural areas for
present and future generations.To ensure the perpetuation of areas containing uncommon elements of natural diversity and to ensure the continued
abundance of habitat for more common species,especially examples of those which are presently threatened with destruction,the purchase of land is
often necessary.
(d)Accordingly,the purpose of this chapter is to provide the Wildlife Conservation Board and the Department of Fish and Game the financial
means to correct the most severe deficiencies in wildlife habitat and in the statewide system of areae designated for the preservation of California's
natural diversity through a program of acquisition,enhancement,restoration,and protection of areas that are most in need of proper conservation.
2702.As used in this chapter,the following terms have the following meanings:
(a)"Acquisition"means the acquiring of any interest in real property.
(b)"Fund"means the Wildlife and Natural Areas Conservation Fund created pursuant to Section 2720.
(c)"Highly rare"means a worldwide rarity in which any species or natural community occurs in 50 or fewer locations,irrespective of whether the
species or any species in the community is listed as threatened or endangered or was previously listed as rare.
(d)"Natural community"means a distinct,identifiable,and recurring association of plants and animals that are ecologically interrelated.
(el"Species"means the fundamental biological unit of plant and animal classification that comprises a subdivision of a genus,but for the purposes
of this chapter,"species"also includes the unit of a subspecies.
Article 2.Habitat Conservation Program
2720. Monevs available for the purposes of this chapter pursuant to Chapter 4(commencing with Section 5930)of Division 5.8 of the Public
Resources Code shall be deposited in the Wildlife and Natural Areas Conservation Fund,which is hereby created.Money deposited in the fund shall
be available for appropriation by the Legislature to the Wildlife Conservation Board,for expenditure pursuant to the Wildlife Conservation Law of
1947,for the following programs:
(a)Forty-one million dollars($41,000,000)for the preservation of highly rare examples of the state's natural diversity through the acquisition,
enhancement,restoration,or protection,or a combination thereof,of lands supporting California's unique,fragile,threatened,or endangered plants.
animals,and natural communities.
(b)Six million dollars($6,000,000)for the acquisition,enhancement,restoration,or protection,or a combination thereof,of critical habitat areas
for fish,game mammals,and game birds,including,but not limited to,the following types:
(1)Winter deer ranges.
(2)Wild trout or steelhead nursery and spawning areas.
(3)Significant routes of migration for wildlife.
(4)Breeding,nesting,and forage areas for sage grouse and other upland game birds.
For purposes of this subdivision,"enhancement"includes the construction or development of facilities for furnishing public access to lands or
waters open to the public for fishing,hunting,or shooting.
(c)Three million dollars($3,000,000)for the acquisition,enhancement,restoration,or protection,or any combination thereof,of lands providing
habitat for threatened,endangered,or fully protected species,such as the bald eagle,San Joaquin kit fox,desert tortoise,bighorn sheep,peregrine
falcon,and California condor.
2721.Funds available pursuant to subdivision(a)of Section 2720 shall be expended to acquire,enhance,restore,or protect lands in California
on which any of the following naturally exists:
(a)A unique species or natural community,whose existence at a single location in California is the only known occurrence in the world of that
particular species or natural community.
(b)A species that occurs in only 20 or fewer locations in the world,at least one of which is in California.
(c)A natural community that occurs in only 50 or fewer locations in the world,at least one of which is in California.
(d)An assemblage of three or more highly rare species or natural communities,or any combination thereof,of which at least one of the species or
natural communities is found only in 20 or fewer locations in the world.
2722.(a)Whenever the application of the criteria specified in Section 2721 results in the identification of two or more parcels of land that are
essentially indistinguishable as to their quality,preference shall be given to the parcel on which exists the species that is more threatened or more
endangered.
(b)Whenever the application ofthe criteria specified in Section 2721 results in the identification of two or more parcels of land that are essentially
indistinguishable as to their quality and the degree of threat to,or endangerment of,the species existing on them,preference shall be given to the
parcel on which exists the best example of the species.As used in this subdivision,"best example"means the parcel of land and the wildlife inhabiting
_itwhich,in balancing all the factors present,represents,as determined by the board,the stronger combination ofall ofthe following:the better condition,
higher quality,easier defensibility,greater likelihood of long-term viability,and the lesser costs to be incurred by the department in operating and
maintaining the parcel.
2723.(a)Of the total amount available pursuant to subdivision(a)of Section 2720,not more than five million dollars($5,000,000)may be encum-
bered for any single acquisition project.In enacting this limitation,the people of California recognize that there are a number of important projects
meeting the criteria of this chapter but whose acquisition cost would most likely exceed this limitation.Therefore,in these instances any acquisition
cost in excess of this limitation may be met by a donation by the owner,donations of funds from private sources,or other funds from state or nonstate
sources.
(b)The qualification for or allocation of a grant or grants to a local agency under Section 2720 shall not preclude eligibility for an additional
allocation of grant funds to the same local agency pursuant to Section 2720 of this code or Section 5907 of the Public Resources Code.
2724.(a)In choosing among two or more parcels ofland to be acquired,enhanced,restored,or protected with funds available pursuant to subdivision
(b)or(c)of Section 2720,preference shall be given to acquiring,enhancing,restoring,or protecting the parcel that will result in the least cost to the
department for operating and maintaining the land.
(b)Funds available pursuant to subdivisions(b)and(c)of Section 2720 may be encumbered only for lands which constitute habitat that is subject
to destruction,drastic modification,or significant curtailment of habitat values.
2725.No funds available pursuant to this chapter shall be encumbered for any lands that,due to their degraded character,will not sustain plants
or wildlife or will not afford protection to a natural community on a long-term basis.
2726.With respect to any lands which may be acquired,enhanced,restored,or protected with funds under this chapter and which could also be
eligible for funds under Chapter 7(commencing with Section 2600), funds under this chapter shall not be encumbered for those lands until it is
determined by the Wildlife Conservation Board that funds are not likely to be available for those lands under that Chapter 7.
2727.No funds available for appropriation under this chapter may be encumbered for any purpose described in Section 1353 ofthe Fish and Game
Code.
2728.An annual amount,not to exceed three hundred fifty thousand dollars($350,000)may be appropriated from the fund in the 1988-89 through
1998.99 fiscal years,in an amount to be determined in each annual appropriation,to the Wildlife Conservation Board forexpenditure forcosts incurred
by the hoard and the department in administering this chapter,including,but not limited to,preacquisition studies,planning,appraisals,surveys,
and closing costs.The Wildlife Conservation Board and the department may augment.as needed,anv amount thus appropriated with any funds
appropriated to it from any other source.
2729.(a)For the purpose of administering this chapter,the Wildlife Conservation Board and the Department of Fish and Game shall augment
its existing staff,whenever possible,by contracting for those services necessary for the administration of this chapter.Any contract shall,however,
be entered into only pursuant to Sections 19130 to 19132,inclusive,of the Government Code and shall be only for the minimum period necessary for
completion of the particular project or projects for which the contract was entered into.
(b)Due to the limited duration of the program authorized by this chapter,in the event some services cannot be provided by contract,any personnel
directly hired by the Wildlife Conservation Board for the administration of this chapter shall be hired,to the extent permitted by Article 2(commencing
with Section 19080)of Chapter 6 of Part 2 of Division 5 of Title 2 of the Government Code,as limited-term appointments.
SEC.4.(a)If the people of California approve a bond act,other than this act,at either the Direct Primary Election on June 7,1988,or the General
Election on November 8,1988,which includes at least one hundred sixty-five million dollars($165,000,000)for the purposes specified in subdivision
(a)of Section 5907 of the Public Resources Code,as proposed by this act,subdivision(a)of Section 5907 of the Public Resources Code,as proposed by
this act,shall not become operative.That subdivision shall otherwise become operative on November 9,1988.The Legislature may appropriate funds
pursuant to subdivision(a)of Section 5907 in the Budget Act for the 1988-89 fiscal year if those provisions become operative.
(b)If the people of California approve a bond act,other than this act,at either the Direct Primary Election on June 7,1988,or the General Election
on November 8,1988,which includes at least fifty-five million dollars($55,000,000)for the purposes specified in paragraph(2)of subdivision(b)of
Section 5907 of the Public Resources Code,as proposed by this act,paragraph(2)of subdivision 1 b)of Section 5907 of the Public Resources Code,as
proposed by this act,shall not become operative.That paragraph shall otherwise become operative on November 9,1988.The Legislature may ap-
propriate funds pursuant to paragraph(2)of subdivision(b)of Section 5907 in the Budget Act for the 1988-89 fiscal year if those provisions become
operative.
(c)If the people of California approve a bond act,other than this act,at either the Direct Primary Election on June 7,1988,or the General Election
on November 8,3988,which includes at least thirty million dollars($30,000,000)for the purposes specified in paragraph(1)of subdivision(d)of Section
5907 of the Public Resources Code,as proposed by this act,paragraph(1)of subdivision(d)of Section 5907 of the Public Resource Code,as proposed
by this act,shall not become operative.That paragraph shall otherwise become operative on November 9,1988.The Legislature may appropriate funds
pursuant to paragraph(1)of subdivision(d)of Section 5907 in the Budget Act for the 1988-89 fiscal year if those provisions become operative.
(d)If the people of California approve a bond act,other than this act,at either the Direct Primary Election on June 7,1988,or the General Election
on November 8,1988,which includes at least thirty million dollars($30,000,000)for the purposes specified in paragraph(4)of subdivision(e)of Section
5907 of the Public Resources Code,as proposed by this act,paragraph(4)of subdivision(e)of Section 5907 of the Public Resources Code,as proposed
by this act,shall not become operative.That paragraph shall otherwise become operative on November 9,1988.The Legislature may appropriate funds
pursuant to paragraph(4)of subdivision(e)of Section 5907 in the Budget Act for the 1988-89 fiscal year if those provisions become operative.
(e)If the people of California approve a bond act,other than this act,at either the Direct Primary Election on June 7,1988,or the General Election
on November 8,1988,which includes at least fifty million dollars($50,000,000)for the purposes specified in Chapter 7.5(commencing with Section
2700)of Division 3 of the Fish and Game Code,as proposed by this act,Chapter 7.5(commencing with Section 2700)of Division 3 of the Fish and Game
Code,as proposed by this act,shall not become operative.That chapter shall otherwise become operative on November 9,1988.The Legislature may
appropriate funds pursuant to Chapter 7.5(commencing with Section 2700)of Division 3 of the Fish and Game Code in the Budget Act for the 1988-
89 fiscal year if those provisions become operative.
SEC.5.If any provision of this act or the application thereof is held invalid,that invalidity shall not affect other provisions or applications of the
initiative which can be given effect without the invalid provision or application,and to this end the provisions of this initiative are severable.
SEC.6.The Legislature may amend this act,by statute passed in each house of the Legislature by rollcall vote entered in the journal,two-thirds
of the membership concurring,if the statute is consistent with the purposes of this act.However,no allocation of funds may be reallocated except in
accordance with Sections 5919 and 5922 of the Public Resources Code.No changes shall be made in the way in which funds are appropriated pursuant
to Sections 5907 and 5921 of the Public Resources Code.