SECTIONS 32525-32538 - California Statutes

PUBLIC RESOURCES CODE

SECTION 32525-32538

32525. The conservancy shall have, and may exercise, all rights and
powers, expressed or implied, necessary to carry out the purposes of
this division, except as otherwise provided. The conservancy shall
have no power to levy a tax, to regulate land use, or to exercise the
power of eminent domain.

32526. The conservancy shall facilitate and coordinate the
activities of its employees with personnel of the Department of Parks
and Recreation, the Department of Fish and Game, and local law
enforcement and rescue agencies.

32527. The conservancy may adopt and enforce regulations governing
the use of parkway lands and activities within the parkway; the
protection and management of native riparian vegetation, wildlife,
and other natural resources on parkway lands; and the protection of
archaeological sites.

32528. The conservancy may implement the San Joaquin River Parkway
Task Force Plan and may adopt and carry out management plans for the
protection of the natural and recreational resources of the parkway.

32529. The conservancy may manage, operate, administer, and
maintain the parkway and its facilities. Land acquired by the
conservancy shall not be open to public use until the board
determines there are adequate funds available for the management of
those lands. The conservancy may adopt regulations governing the use
by the public of conservancy lands and may provide for their
enforcement.

32530. The conservancy may employ an executive officer and other
staff to perform those functions that cannot be provided by the
existing personnel of member agencies on a contractual basis or by
volunteers.

32531. The conservancy may recruit and coordinate volunteers and
experts to conduct interpretive and recreational programs and to
assist with construction projects and the maintenance of parkway
facilities.

32532. The conservancy may determine acquisition priorities and may
acquire real property or any interest in real property within the
parkway from willing sellers and at fair market value or on other
mutually acceptable terms. The conservancy may acquire the property,
itself, or may coordinate the acquisition through a member agency or
other public agencies with appropriate responsibility and available
funding or land to exchange. The conservancy may provide technical
assistance to landowners to ensure that their activities are
compatible with or enhance the parkway. The conservancy may hold
remainder interests in those instances where owners desire to sell
but retain a life estate, and may create and administer a mitigation
land bank and arrange land exchanges. The overall objective of the
conservancy shall be to assist in accomplishing land transactions
that are mutually beneficial to the landowner and the parkway by
adding value to the land, while meeting natural resource conservation
and other parkway objectives.

32533. The conservancy may undertake site improvement projects;
regulate public access; revegetate and otherwise rehabilitate
degraded areas, in consultation with other public agencies with
appropriate jurisdiction and expertise; upgrade deteriorating
facilities; and construct new facilities as needed for outdoor
recreation, nature appreciation and interpretation, and natural
resource protection. These projects may be undertaken by the
conservancy itself or by member agencies, with the conservancy
providing overall coordination through setting priorities for
projects and assuring uniformity of approach.

32534. The conservancy shall administer any funds appropriated to
it and any revenue generated by member agencies for the parkway and
contributed to the conservancy, and may expend those funds for
capital improvements, land acquisition, or support of the conservancy'
s operations. Subject to Section 11005 of the Government Code, the
conservancy may also accept any revenue, money, grants, goods, or
services contributed to the conservancy by any public agency, private
entity, or person, and, upon receipt, may expend any such revenue,
money, or grants for capital improvements, land acquisitions, or
support of the conservancy's operations.

32535. The conservancy may sue and be sued. The conservancy may
enter into contracts and joint powers agreements with public
agencies, private entities, and persons necessary for the proper
discharge of the conservancy's duties.

32536. The conservancy shall be deemed a local agency for the
purposes of any provision of law authorizing local agencies to borrow
money and incur indebtedness. The conservancy may fix and collect
fees for the use by the public of any lands owned or controlled by
the conservancy. No fee shall exceed the cost of providing the
service for which the fee is charged.
The fee revenue shall be deposited in the San Joaquin River
Conservancy Fund, which is hereby created in the State Treasury. The
money in the fund shall be expended by the conservancy, upon
appropriation by the Legislature, for the purposes of this division.

32537. (a) The conservancy may award grants to local public
agencies, state agencies, federal agencies, and nonprofit
organizations for the purposes of this division.
(b) Grants to nonprofit organizations for the acquisition of real
property or interests in real property shall be subject to all of the
following conditions:
(1) The purchase price of any interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(2) The conservancy approves the terms under which the interest in
land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt incurred by the
nonprofit organization unless the conservancy approves the
transaction.
(4) The transfer of land acquired pursuant to a grant shall be
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient to
protect the interests of the state.
(5) The state shall have a right of entry and power of termination
in and over all interests in real property acquired with state
funds, which may be exercised if any essential term or condition of
the grant is violated.
(6) 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, except that, prior
to that termination, another public agency or nonprofit organization
may receive title to all or a portion of that interest in real
property, by recording its acceptance of title, together with the
conservancy's approval, in writing.
(c) Any deed or other instrument of conveyance whereby real
property is acquired by a nonprofit organization pursuant to this
section shall be recorded and shall set forth the executory interest
or right of entry on the part of the state.

32538. (a) Notwithstanding any other provision of law, the
conservancy may lease, rent, sell, exchange, or otherwise transfer
any real property or interest therein or option acquired under this
division to a local public agency, state agency, federal agency,
nonprofit organization, individual, or other entity for management
purposes pursuant to terms and conditions approved by the
conservancy. The conservancy may request the Director of General
Services to undertake these actions on its behalf.
(b) The conservancy may initiate, negotiate, and participate in
agreements for the management of land under its ownership or control
with local public agencies, state agencies, federal agencies,
nonprofit organizations, individuals, or other entities and may enter
into any other agreements authorized by state or federal law.