reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 4 - Disaster Preparedness and Flood Prevention Program › Section 5096.824.

5096.824. (a) Five hundred million dollars ($500,000,000) shall be available, upon appropriation to the department, for payment for the state’s share of the nonfederal costs, and related costs, of flood control and flood prevention projects authorized under any of the following:
(1) The State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6 of Division 6 of the Water Code).
(2) The Flood Control Law of 1946 (Chapter 3 (commencing with Section 12800) of Part 6 of Division 6 of the Water Code).
(3) The California Watershed Protection and Flood Prevention Law (Chapter 4 (commencing with Section 12850) of Part 6 of Division 6 of the Water Code).
(b) The costs described in subdivision (a) include costs incurred in connection with either of the following:
(1) The granting of credits or loans to local agencies, as applicable, pursuant to Sections 12585.3, 12585.4 of, subdivision (d) of Section 12585.5 of, and Sections 12866.3 and 12866.4 of, the Water Code.
(2) The implementation of Chapter 3.5 (commencing with Section 12840) of Part 6 of Division 6 of the Water Code.
(c) The funds made available by this section shall be allocated only to projects that are not part of the State Plan of Flood Control.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 4 - Disaster Preparedness and Flood Prevention Program › Section 5096.825.

5096.825. Two hundred ninety million dollars ($290,000,000) shall be available, upon appropriation, for the protection, creation, and enhancement of flood protection corridors and bypasses through any of the following actions:
(a) Acquiring easements and other interests in real property to protect or enhance flood protection corridors and bypasses while preserving or enhancing the agricultural use of the real property.
(b) Constructing new levees necessary for the establishment of a flood protection corridor or bypass.
(c) Setting back existing flood control levees, and in conjunction with undertaking those setbacks, strengthening or modifying existing levees and weirs.
(d) Relocating or flood proofing structures necessary for the establishment of a flood protection corridor.
(e) Acquiring interests in, or providing incentives for maintaining agricultural uses of, real property that is located in a flood plain that cannot reasonably be made safe from future flooding.
(f) Acquiring easements and other interests in real property to protect or enhance flood protection corridors while preserving or enhancing the wildlife value of the real property.
(g) Flood plain mapping and related activities, including both of the following:
(1) The development of flood hazard maps, including all necessary studies and surveys.
(2) Alluvial fan flood plain mapping.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 4 - Disaster Preparedness and Flood Prevention Program › Section 5096.827.

5096.827. Three hundred million dollars ($300,000,000) shall be available, upon appropriation to the department, for grants for stormwater flood management projects that meet all of the following requirements:
(a) Have a nonstate cost share of not less than 50 percent.
(b) Are not part of the State Plan of Flood Control.
(c) Are designed to manage stormwater runoff to reduce flood damage and where feasible, provide other benefits, including groundwater recharge, water quality improvement, and ecosystem restoration.
(d) Comply with applicable regional water quality control plans.
(e) Are consistent with any applicable integrated regional water management plan.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 4 - Disaster Preparedness and Flood Prevention Program › Section 5096.827.2.

5096.827.2. (a) The department shall develop project selection and evaluation guidelines to implement Section 5096.827. The State Water Resources Control Board shall advise the department on the water quality portions of the guidelines, relying as appropriate on the stormwater guidelines developed by the State Water Resources Control Board pursuant to Section 75050.2.
(b) The guidelines shall include a provision that gives preference to a project that reduces flood damages for which one or both of the following applies:
(1) The project is not receiving state funding for flood control or flood prevention projects pursuant to Section 5096.824 or Section 75034.
(2) The project provides multiple benefits, including, but not limited to, water quality improvements, ecosystem benefits, reduction of instream erosion and sedimentation, and groundwater recharge.
(Added by Stats. 2007, Ch. 610, Sec. 2. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 4 - Disaster Preparedness and Flood Prevention Program › Section 5096.827.3.

5096.827.3. Consistent with the requirements of Sections 5096.827 and 5096.827.2, the design and construction of projects for combined municipal sewer and stormwater systems are eligible for financing under Section 5096.827.
(Added by Stats. 2007, Ch. 610, Sec. 3. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 4 - Disaster Preparedness and Flood Prevention Program › Section 5096.828.

5096.828. Funds provided by this article are only available for appropriation until July 1, 2016, and at that time the amount of indebtedness authorized by this chapter shall be reduced by the amount of funds provided by this article that have not been appropriated.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 4 - Disaster Preparedness and Flood Prevention Program › Section 5096.830.

5096.830. The development or adoption of program guidelines and selection criteria for the purposes of this chapter is not subject to the review or approval of the Office of Administrative Law or to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2007, Ch. 368, Sec. 3. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 16 - Program Expenditures › Section 5096.953.

5096.953. The Secretary of the Resources Agency shall provide for an independent audit of expenditures pursuant to this chapter to ensure that all moneys are expended in accordance with the requirements of this chapter. The secretary shall publish a list of all program and project expenditures pursuant to this chapter not less than annually, in written form, and shall post an electronic form of the list on the Resources Agency’s Internet Web site.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 16 - Program Expenditures › Section 5096.954.

5096.954. On or before January 1, 2008, the department shall adopt emergency regulations to implement Section 12585.7 of the Water Code.
(Added by Stats. 2007, Ch. 178, Sec. 13. Effective August 24, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 16 - Program Expenditures › Section 5096.9545.

5096.9545. (a) For the purposes of any levee evaluation activities funded by the department, the department shall not require a local cost-share for the following levee evaluations:
(1) Evaluations of levees that are part of the facilities of the State Plan of Flood Control.
(2) Evaluations of levees located in the Central Valley that are not part of the State Plan of Flood Control, and that protect an urban area, as defined by subdivision (k) of Section 5096.805.
(3) Evaluations of levees chosen to be performed by the department as part of an effort to protect critical water conveyance infrastructure through the Sacramento-San Joaquin Delta.
(b) The department shall identify the levees described in paragraph (2) of subdivision (a) in the Bond Expenditure Disaster Preparedness and Flood Prevention Plan described in Section 5096.820 and notify the Governor and the Legislature of the location of these levees.
(Added by renumbering Section 5096.955 (as added by Stats. 2007, Ch. 178, Sec. 14) by Stats. 2015, Ch. 303, Sec. 428. (AB 731) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.955.

5096.955. (a) Bonds in the total amount of four billion ninety million dollars ($4,090,000,000), not including the amount of any refunding bonds issued in accordance with Section 5096.966, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute valid and binding obligations 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 of, and interest on, the bonds as the principal and interest become due and payable.
(b) The Treasurer shall sell the bonds authorized by the committee pursuant to this section. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.956.

5096.956. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law, and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.957.

5096.957. (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 chapter, the Disaster Preparedness and Flood Prevention Bond Finance Committee is hereby created. For the purposes of this chapter, the Disaster Preparedness and Flood Prevention Bond Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists 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 the State General Obligation Bond Law, the department is designated the “board.”
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.958.

5096.958. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter to carry out this chapter 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 by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.959.

5096.959. There shall be collected each year and 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 by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.960.

5096.960. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable.
(b) The sum that is necessary to carry out Section 5096.963, appropriated without regard to fiscal years.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.961.

5096.961. The department may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. The department shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the department in accordance with this chapter.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.962.

5096.962. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds 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 for 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. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.963.

5096.963. For the purposes of carrying out this chapter, 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 that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, with interest at the rate earned by the money in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.964.

5096.964. All money deposited in the fund that is derived from premium and accrued interest on bonds sold pursuant to this chapter shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.965.

5096.965. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.966.

5096.966. The bonds issued and sold pursuant to this chapter may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the electors of the state for the issuance of the bonds under this chapter shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.967.

5096.967. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter 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 limitations imposed by that article.
(Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.699 - Disaster Preparedness and Flood Prevention Bond Act of 2006 › ARTICLE 17 - Fiscal Provisions › Section 5096.968.

5096.968. Notwithstanding any other law, one hundred million dollars ($100,000,000) of the unissued bonds authorized for the purposes of this chapter are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700) of the Water Code. The funds available for reallocation shall be made on a pro-rata basis from each bond allocation of this chapter.
(Added by Stats. 2014, Ch. 188, Sec. 1. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.7 - Archaeological, Paleontological, and Historical Sites › Section 5097.

5097. As used in this chapter, “state lands” means lands owned by, or under the jurisdiction of, the state or any state agency. It does not include lands owned by, or under the jurisdiction of a city, county, or district, or fire trails under the jurisdiction of the Division of Forestry in the Department of Conservation.
(Added by Stats. 1965, Ch. 1136.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.7 - Archaeological, Paleontological, and Historical Sites › Section 5097.1.

5097.1. Prior to the commencement of construction of any major public works project on any state lands, the state agency proposing to construct the project, or on whose behalf the project is to be constructed, may submit to the State Department of Parks and Recreation general plans sufficient to indicate the nature of the project, its location, and the excavations which will be undertaken in connection with the project.
(Added by Stats. 1965, Ch. 1136.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.7 - Archaeological, Paleontological, and Historical Sites › Section 5097.2.

5097.2. Upon receipt of plans for a proposed construction project upon state lands, the department may conduct an archaeological site survey on the affected state lands in order to determine whether the lands may contain any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological sites, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological or historical feature. The department shall submit to the state agency, by or on whose behalf the project is to be constructed, its recommendations concerning the preservation, photographing, recording, or excavation for, any archaeological, paleontological, or historical features which may be located upon the lands.
(Amended by Stats. 1992, Ch. 192, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.7 - Archaeological, Paleontological, and Historical Sites › Section 5097.3.

5097.3. The state agency, by or on whose behalf public works are to be constructed on state lands, may undertake such surveys, excavations, or other operations on the state lands as it determines to be necessary to preserve or record any archaeological, paleontological, or historical features, including rock art, which may be located on the lands, after receiving the recommendations of the department, or the state agency may contract with the department to undertake those operations. The department may carry out the operations.
(Amended by Stats. 1992, Ch. 192, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.7 - Archaeological, Paleontological, and Historical Sites › Section 5097.6.

5097.6. Expenditures to carry out the purposes of this chapter shall be made only pursuant to legislative appropriation for these purposes or by contract with other state agencies.
(Added by Stats. 1965, Ch. 1136.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.7 - Archaeological, Paleontological, and Historical Sites › Section 5097.7.

5097.7. Upon a conviction pursuant to Section 5097.5, the following items are subject to forfeiture in accordance with the following conditions:
(a) The archaeological resource that was the subject of the violation, and that is in the possession of the person, shall be subject to forfeiture.
(b) (1) A vehicle that was used in connection with the violation may be subject to forfeiture, if the vehicle to be forfeited was not merely a means of transportation to the site but was either of the following:
(A) The vehicle was specifically modified or designed to assist in the commission of the crime.
(B) The vehicle was used as part of a pattern or scheme to commit the offense.
(2) A vehicle that is subject to forfeiture shall be released to the legal owner or his or her agent pursuant to the procedures set forth in subdivision (e) of Section 21100.4 of the Vehicle Code. A legal owner or his or her agent that obtains a release of the vehicle shall not release the vehicle to the person convicted of a violation of Section 5097.7.
(3) If there is a community property interest in the vehicle subject to forfeiture, the court shall consider whether there is another vehicle available to the party with that interest before ordering forfeiture of the vehicle.
(c) Equipment used in the violation may be subject to forfeiture.
(Added by Stats. 2010, Ch. 635, Sec. 2. (SB 1034) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.75 - Native American Historical, Cultural, and Sacred Sites › Section 5097.9.

5097.9. No public agency, and no private party using or occupying public property, or operating on public property, under a public license, permit, grant, lease, or contract made on or after July 1, 1977, shall in any manner whatsoever interfere with the free expression or exercise of Native American religion as provided in the United States Constitution and the California Constitution; nor shall any such agency or party cause severe or irreparable damage to any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property, except on a clear and convincing showing that the public interest and necessity so require. The provisions of this chapter shall be enforced by the commission, pursuant to Sections 5097.94 and 5097.97.
The provisions of this chapter shall not be construed to limit the requirements of the Environmental Quality Act of 1970, Division 13 (commencing with Section 21000).
The public property of all cities, counties, and city and county located within the limits of the city, county, and city and county, except for all parklands in excess of 100 acres, shall be exempt from the provisions of this chapter. Nothing in this section shall, however, nullify protections for Indian cemeteries under other statutes.
(Repealed and added by Stats. 1976, Ch. 1332.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.75 - Native American Historical, Cultural, and Sacred Sites › Section 5097.91.

5097.91. There is in state government a Native American Heritage Commission, consisting of nine members appointed by the Governor with the advice and consent of the Senate. For purposes of this chapter, “commission” means the Native American Heritage Commission.
(Amended by Stats. 2006, Ch. 863, Sec. 2. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.75 - Native American Historical, Cultural, and Sacred Sites › Section 5097.92.

5097.92. At least five of the nine members shall be elders, traditional people, or spiritual leaders of California Native American tribes, nominated by Native American organizations, tribes, or groups within the state. The executive secretary of the commission shall be appointed by the Governor.
(Repealed and added by Stats. 1976, Ch. 1332.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.75 - Native American Historical, Cultural, and Sacred Sites › Section 5097.95.

5097.95. Each state and local agency shall cooperate with the commission in carrying out its duties under this chapter. Such cooperation shall include, but is not limited to, transmitting copies, at the commission’s expense, of appropriate sections of all environmental impact reports relating to property identified by the commission as of special religious significance to Native Americans or which is reasonably foreseeable as such property.
(Repealed and added by Stats. 1976, Ch. 1332.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.75 - Native American Historical, Cultural, and Sacred Sites › Section 5097.96.

5097.96. The commission may prepare an inventory of Native American sacred places that are located on public lands and shall review the current administrative and statutory protections accorded to such places. The commission shall submit a report to the Legislature no later than January 1, 1979, in which the commission shall report its findings as a result of these efforts and shall recommend such actions as the commission deems necessary to preserve these sacred places and to protect the free exercise of the Native American religions.
(Repealed and added by Stats. 1976, Ch. 1332.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.75 - Native American Historical, Cultural, and Sacred Sites › Section 5097.97.

5097.97. In the event that any Native American organization, tribe, group, or individual advises the commission that a proposed action by a public agency may cause severe or irreparable damage to a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property, or may bar appropriate access thereto by Native Americans, the commission shall conduct an investigation as to the effect of the proposed action. Where the commission finds, after a public hearing, that the proposed action would result in such damage or interference, the commission may recommend mitigation measures for consideration by the public agency proposing to take such action. If the public agency fails to accept the mitigation measures, and if the commission finds that the proposed action would do severe and irreparable damage to a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property, the commission may ask the Attorney General to take appropriate legal action pursuant to subdivision (g) of Section 5097.94.
(Repealed and added by Stats. 1976, Ch. 1332.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.75 - Native American Historical, Cultural, and Sacred Sites › Section 5097.99.

5097.99. (a) No person shall obtain or possess any Native American artifacts or human remains which are taken from a Native American grave or cairn on or after January 1, 1984, except as otherwise provided by law or in accordance with an agreement reached pursuant to subdivision (l) of Section 5097.94 or pursuant to Section 5097.98.
(b) Any person who knowingly or willfully obtains or possesses any Native American artifacts or human remains which are taken from a Native American grave or cairn after January 1, 1988, except as otherwise provided by law or in accordance with an agreement reached pursuant to subdivision (l) of Section 5097.94 or pursuant to Section 5097.98, is guilty of a felony which is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(c) Any person who removes, without authority of law, any Native American artifacts or human remains from a Native American grave or cairn with an intent to sell or dissect or with malice or wantonness is guilty of a felony which is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(Amended by Stats. 2011, Ch. 15, Sec. 557. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.76 - Native American Historic Resource Protection Act › Section 5097.994.

5097.994. (a) A person who violates subdivision (a) of Section 5097.993 is subject to a civil penalty not to exceed fifty thousand dollars ($50,000) per violation.
(b) A civil penalty may be imposed for each separate violation of subdivision (a) in addition to any other civil penalty imposed for a separate violation of any other provision of law.
(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into account the extent of the damage to the resource. In making the determination of damage, the court may consider the commercial or archaeological value of the resource involved and the cost to restore and repair the resource.
(d) A civil action may be brought pursuant to this section by the district attorney, the city attorney, or the Attorney General, or by the Attorney General upon a complaint by the Native American Heritage Commission.
(e) (1) All moneys collected from civil penalties imposed pursuant to this section as a result of an enforcement action brought by a city or county shall be distributed to the city or county treasurer of the city or county that brought the action. These moneys shall be first utilized to repair or restore the damaged site, and the remaining moneys shall be available to that city or county to offset costs incurred in enforcing this chapter.
(2) All moneys collected from civil penalties imposed pursuant to this section as a result of an enforcement action brought by the Attorney General shall be first distributed to, and utilized by, the Native American Heritage Commission to repair or restore the damaged site, and the remaining moneys shall be available to the Attorney General to offset costs incurred in enforcing this chapter.
(Added by renumbering Section 5097.996 by Stats. 2004, Ch. 286, Sec. 10. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.77 - California Indian Heritage Center Task Force › Section 5097.997.

5097.997. For the purposes of this chapter, the following terms have the following meanings:
(a) “ Heritage center” means the California Indian Heritage Center.
(b) “Task force” means the California Indian Heritage Center Task Force as described in Section 5097.998.
(Added by renumbering Section 5097.993 by Stats. 2004, Ch. 286, Sec. 7. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.78 - California Indian Heritage Center › Section 5097.999.

5097.999. It is the intent of the Legislature that the department develop a California Indian Heritage Center for cultural preservation, learning and exchange, land stewardship, and a place to engage all visitors in celebrating the living cultures of California tribes.
(Added by Stats. 2018, Ch. 51, Sec. 28. (SB 854) Effective June 27, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.8 - Federal Grants for Acquisition and Development Projects › Section 5098.

5098. As used in this chapter, “fund” means the State Parks and Recreation Fund. Any reference to the Park and Recreation Revolving Account in the General Fund shall mean the State Parks and Recreation Fund, as created by Section 5010.
(Amended by Stats. 1979, Ch. 1065.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.8 - Federal Grants for Acquisition and Development Projects › Section 5098.1.

5098.1. All federal grants which result from the expenditure of state funds for Department of Parks and Recreation acquisition and development projects shall be deposited in the fund.
(Amended by Stats. 1979, Ch. 1065.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.8 - Federal Grants for Acquisition and Development Projects › Section 5098.3.

5098.3. Except as provided in Section 5098.1, the management and disbursement of moneys in the fund received pursuant to the “Land and Water Conservation Fund Act of 1965” (Public Law 88-578; 78 Stat. 897) are governed by the provisions of Chapter 1.9 (commencing with Section 5099) of this division.
(Amended by Stats. 1979, Ch. 1065.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 1 - Declaration of Policy › Section 5099.

5099. It is the purpose of this chapter to provide authority to enable the state and its local governmental agencies and subdivisions to participate in the benefits of the “Land and Water Conservation Fund Act of 1965” (Public Law 88-578; 78 Stat. 897).
(Added by Stats. 1967, Ch. 1322.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 2 - Powers and Duties › Section 5099.2.

5099.2. The director shall maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resources of the state. Such plan shall be prepared so that it meets the requirements of the “Land and Water Conservation Fund Act of 1965” (Public Law 88-578; 78 Stat. 897) with respect to grants to the states under that act.
(Added by Stats. 1967, Ch. 1322.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 2 - Powers and Duties › Section 5099.3.

5099.3. The director shall apply to the Department of the Interior of the United States for participation in or the receipt of aid under the Land and Water Conservation Fund Act of 1965. He shall enter into contracts and agreements with the Department of the Interior of the United States, keep financial and other records relating thereto, and furnish to appropriate officials thereof such reports and information as may be reasonably necessary to enable such officials to perform their duties under the act. In connection with obtaining the benefits of the act, the director shall coordinate his activities with, and represent the interests of, all state and local governmental agencies and subdivisions of the state having interests in the planning, development, and maintenance of outdoor recreation resources and facilities. In so doing, the director shall give equal consideration to urban and rural areas in disbursing the fund.
(Added by Stats. 1967, Ch. 1322.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 2 - Powers and Duties › Section 5099.35.

5099.35. The Legislature recognizes that it is the intended purpose of the Land and Water Conservation Fund Act of 1965, as expressed in such act, that such federal financial assistance as may be provided to the state pursuant to the act shall be in addition to, rather than as a substitute for, state and local outdoor recreation funds.
(Added by Stats. 1972, Ch. 1222.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 2 - Powers and Duties › Section 5099.4.

5099.4. The director may receive, on behalf of state and local agencies and subdivisions of the state, and disburse any federal funds for outdoor recreation purposes received pursuant to the act. Such funds 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. 1967, Ch. 1322.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 2 - Powers and Duties › Section 5099.5.

5099.5. The director shall make no commitment or enter into any agreement pursuant to an exercise of authority under this chapter until he has determined that any money or property required to be furnished as the state’s share, if any, of project cost is available for such purpose. It is the legislative intent that, to such extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to the act participated in by this state under authority of this chapter, such areas and facilities shall be publicly maintained for outdoor recreation purposes. The director may enter into and administer agreements with the Department of the Interior of the United States for planning, acquisition, and development projects involving participation in or receipt of aid under the act on behalf of any local governmental agency or subdivision of this state.
(Added by Stats. 1967, Ch. 1322.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 2 - Powers and Duties › Section 5099.7.

5099.7. The director, after receiving a report from the health officer pursuant to subdivision (c) of Section 115885 of the Health and Safety Code, shall withhold any funds that are received on or after the effective date of this section from any local agency or subdivision of the state in which a public beach is located and that is in violation of the standards established pursuant to Section 115880 of the Health and Safety Code. The director may disburse any of those funds to the local agency or subdivision only when he or she determines the standards established pursuant to Section 115880 of the Health and Safety Code are being complied with.
(Amended by Stats. 1996, Ch. 1023, Sec. 401. Effective September 29, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 3 - Administration › Section 5099.10.

5099.10. The director shall propose rules and regulations which establish standards governing the disbursement of funds received by him pursuant to this chapter. The director shall hold a public hearing on such proposed rules and regulations, before March 1, 1968, in the following locations: (1) Redding or Red Bluff; (2) Sacramento; (3) Los Angeles; and (4) San Diego. After March 1, 1968, the director may hold hearings as he deems necessary on revisions of the rules and regulations as originally adopted pursuant to this section, and he shall hold hearings on such proposed revisions upon request. Rules and regulations which have been adopted or revised pursuant to this section shall be published in the California Administrative Code.
(Added by Stats. 1967, Ch. 1322.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 3 - Administration › Section 5099.11.

5099.11. The director shall transmit a copy of rules and regulations which have been adopted, and shall annually transmit any adopted revisions thereof, to each Member of the Legislature.
(Added by Stats. 1967, Ch. 1322.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.9 - California Outdoor Recreation Resources Plan Act › ARTICLE 3 - Administration › Section 5099.12.

5099.12. Of the annual apportionment of funds received by the director pursuant to this chapter, 60 percent shall be allocated for local governmental agency projects and 40 percent for state agency projects. The state agency share shall be disbursed to the following state agencies in the following percentages: 60 percent to the Department of Parks and Recreation; 35 percent to the Wildlife Conservation Board or the Department of Fish and Game; and 5 percent to the Department of Water Resources. The State Coastal Conservancy established pursuant to Section 31100 is eligible to compete for grants of funds for projects of an outdoor recreational nature from the 6-percent contingency fund established by this section.
If either the state or local governmental agencies are unable to utilize their allocation of funds, the director shall allocate the uncommitted funds to those state or local governmental agencies that are in position to take advantage of the funds during the year in which they are allocated. The 60-percent allocation for local governmental agency projects and the 40-percent allocation to state agency projects shall not be computed until the costs of maintaining and keeping up to date the plan required pursuant to Section 5099.2 and an additional 6 percent for deposit to a contingency fund have been deducted.
(Amended by Stats. 2013, Ch. 352, Sec. 481. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 2 - Counties and Cities › ARTICLE 1 - Monuments › Section 5101.

5101. The board of supervisors of any county or the governing body of any city, may receive devises, bequests, donations, and gifts, for the purpose of erecting, within the county, or city, a monument in memory of California pioneers.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 2 - Counties and Cities › ARTICLE 1 - Monuments › Section 5102.

5102. When, in the opinion of the board of supervisors or other governing body, the devises, bequests, donations, and gifts received are sufficient for the purpose, it may erect the monument.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 2 - Counties and Cities › ARTICLE 1 - Monuments › Section 5103.

5103. The board of supervisors or other governing body may submit to the qualified electors of the county, or the city, the question whether taxes for the erection of a monument to the California pioneers shall be levied on the taxable property of the county or city. The question shall be submitted at a general or other election held in the county or city.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 2 - Counties and Cities › ARTICLE 1 - Monuments › Section 5104.

5104. Twenty days’ notice of the election shall be given by posting in at least three public places in the county, or the city. The notices shall state specifically the amount to be raised and the purpose. If a majority of all the votes cast at the election are in favor of the proposal, the tax provided for in this article is authorized.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 2 - Counties and Cities › ARTICLE 1 - Monuments › Section 5106.

5106. When the tax has been voted in a county, the board of supervisors, in the next annual levy of taxes, shall levy a tax on the property in the county, sufficient to produce the amount voted for the purpose, which tax shall be assessed and collected in the same manner as other taxes are levied and collected.
(Added by Stats. 1939, Ch. 94.)