SECTIONS 20070-20074 - California Statutes

EDUCATION CODE

SECTION 20070-20074

20070. (a) The endowment may award grants and loans on a
competitive basis to public agencies and nonprofit organizations,
including museums, to encourage development of a systematic and
coordinated assemblage of buildings, sites, artifacts, museums,
cultural landscapes, illustrations, written materials, and displays
and interpretive centers to preserve and tell the stories of
California as a unified society and of the many groups of people that
together comprise historic and modern California. In addition to
preserving and interpreting California's missions, gold rush and
pioneer sites, and other examples of early European exploration and
settlement, the endowment shall give priority to funding projects to
preserve, interpret, and enhance understanding and appreciation of
the state's subsequent cultural, social, and economic evolution. For
example, it may fund projects involving buildings, including the
acquisition of any interest in real property, structures, ships,
historic cemeteries, site areas, places, trails, artifacts, artistic
expressions, illustrations, written materials, or collections of
artifacts, historic districts, cultural landscapes, illustrations,
and written materials, including, but not limited to, the following:
(1) Projects that preserve, display, demonstrate, or interpret the
contributions of the many unique identifiable ethnic and other
communities that have added significant elements to California's
culture, including, but not limited to, their architecture,
landscaping, urban forms, recreation, food and drink, styles,
literature, artistic expressions, and pastimes.
(2) Projects that preserve and demonstrate culturally significant
aspects of the changing ways that ordinary or particularly creative
people lived their daily lives during the course of California
history, including, but not limited to, representative or
exceptionally expressive residences, recreational facilities and
equipment, farms and ranches, transportation technologies, and
innovative shopping arrangements.
(3) Projects that preserve, display, demonstrate, or interpret the
industries, technologies, individuals, groups, and commercial
enterprises that built California's enormous economic strength,
including, but not limited to, aircraft construction, banking and
finance, electronics and related technologies, medical technologies,
petroleum production and refining, movie and television production,
and agriculture.
(4) Projects that preserve, display, demonstrate, or interpret
California's contribution to the national defense during the state's
history, including facilities and artifacts from closed military
bases, and including projects about the social, demographic, and
other changes that resulted from these national defense activities.
(5) Projects that preserve and promote understanding and
continuity of California's living cultural heritage and folklife that
is deeply rooted in and reflective of its distinct cultural
communities, including, but not limited to, public programs,
recordings, exhibitions, apprenticeships, publications, ethnographic
documentation, and archival preservation.
(6) Projects that preserve, display, demonstrate, or interpret
California's geologic and oceanographic history, including, but not
limited to, its assemblage from Jurassic and earlier archipelagoes
and ophiolitic remnants through subduction processes, and the
expression of global tectonic forces in its mountains, basins, and
faults.
(b) The endowment shall fund projects relating to the archaeology,
history, or culture of California's Native American population that
are sensitive to the sovereign status of the tribes and that respect
the cultural and spiritual traditions of those tribes.
(c) The endowment shall give priority to funding projects that
preserve, document, interpret, or enhance understanding of threads of
California's story that are absent or underrepresented in existing
historical parks, monuments, museums, and other facilities, and to
achieve careful balance geographically, among communities and
organizations of large and small size, and among diverse ethnic
groups. The endowment may create financial and other incentives to
support projects described in this subdivision, including, but not
limited to, technical assistance, funding set asides, and
preferential match requirements.
(d) The endowment shall ensure that California's historic and
cultural resources are accessible and available to the people of
California, especially traditionally underserved communities, by
encouraging programs including, but not limited to, traveling
exhibitions, illustrative publications, exchanges, Web sites and
digitalization of materials, and programs in conjunction with school
districts to bring school children into contact with these materials,
and may fund projects for these purposes.

20071. The endowment shall require that public agencies requesting
a grant provide a matching amount of resources for the completion of
the project. The match may include resources obtained from other
funding agencies, and may include in-kind resources. The match shall
be a proportion of the cost of the project as the endowment
determines is appropriate, but the proportion shall be uniform for
categories of project and public agencies, except pursuant to
subdivision (c). The endowment shall determine the match proportion
by considering the following:
(a) The endowment shall seek to leverage the resources available
to it.
(b) The endowment shall require a match sufficient to ensure a
strong commitment to the project on the part of the sponsoring
agency.
(c) The endowment may require a lower than usual match if
necessary to make projects realistic for underserved communities.

20072. (a) The endowment shall require grant recipients to report
on the progress and completion of any project for which they have
received a grant, and on public acceptance or criticism of the
project. The endowment shall make all such reports available to the
Legislature.
(b) The endowment shall require grant recipients to follow the
Secretary of the Interior's Standards for the Treatment of Historic
Properties where appropriate to ensure the historical integrity of
the project.

20073. (a) Funds may be granted or loaned to a nonprofit
organization under this chapter if the nonprofit organization enters
into an agreement with the endowment, on such terms and conditions as
the endowment specifies.
(b) (1) In the case of a grant for real property acquisition, the
agreement shall provide all of the following:
(A) The purchase price of any interest in real property acquired
by the nonprofit organization may not exceed the fair market value as
established by an appraisal approved by the endowment.
(B) The endowment shall approve the terms under which the interest
in land is acquired.
(C) The interest in land acquired pursuant to a grant from the
endowment may not be used as security for any debt to be incurred by
the nonprofit organization unless the endowment approves the
transaction.
(D) The transfer of land acquired pursuant to an endowment grant
shall be subject to the approval of the endowment and a new agreement
sufficient to protect the interest of the people of California shall
be entered into with the transferee.
(E) If any essential term or condition is violated, title to all
interest in real property acquired with state funds shall immediately
vest in the state.
(F) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the state unless another
appropriate public agency or nonprofit organization is identified by
the endowment and agrees to accept title to all interests in real
property.
(2) Any deed or other instrument of conveyance whereby real
property is being acquired by a nonprofit organization pursuant to
this section shall set forth the reversionary interest of the state.
(c) The endowment shall also require an agreement sufficient to
protect the public interest in any improvement or development
constructed under a grant to a nonprofit organization for improvement
and development of a project under this chapter. The agreement shall
particularly describe any real property which is subject to the
agreement, and it shall be recorded by the endowment in the county in
which the real property is located.
(d) Any funds collected from a nonprofit organization pursuant to
an agreement regarding a grant shall be deposited in the account
created pursuant to Section 20060.

20074. The endowment may provide technical and other assistance to
applicants and prospective applicants as it determines to be useful
or necessary to carry out the purposes of this chapter.