SECTIONS 5094-5094.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5094-5094.5

5094. It is hereby declared to be in the public interest for the
state and local public agencies to participate with the federal
government with respect to recreation and fish and wildlife
enhancement facilities at federal water projects to the extent that
such facilities are deemed necessary and desirable by the state or
local public agency participating. The state may participate in any
such project to the extent that it is of statewide importance and
that local public agencies are unwilling or unable to do so and to
the extent the Legislature appropriates funds necessary therefor. The
state and local agencies may cooperate and jointly participate in a
project where the interests of both will be advantageously served.

5094.1. The Secretary of the Resources Agency, with the approval of
the Director of Finance and upon specific authorization by the
Legislature, may indicate in writing the state's intent to agree to
administer any federal multiple-purpose water project land and water
areas for recreation or fish and wildlife enhancement, or both of
these purposes, as provided in Public Law 89-72. The secretary, as to
each proposed state participation, shall submit any proposed
indication of intent, together with supporting material, to the
Legislature.
The secretary, before requesting legislative authorization, shall
determine that the proposed state participation in the project is in
compliance with all comprehensive water, recreation, and fish and
wildlife plans of the state.
Notwithstanding the provisions of this section, the Department of
Fish and Game may review and coordinate the development of fish and
wildlife enhancement features at federal water projects with fish and
wildlife plans of the state, irrespective of whether the state
agrees to administer the project.

5094.2. With respect to each project as to which a letter of intent
has been given, the Resources Agency through the Department of Parks
and Recreation and the Department of Fish and Game, in cooperation
with affected local public agencies, shall conduct an investigation
and study of the project with respect to the areas of interest of
each and prepare plans of the proposed state participation therein.
The plans shall be submitted, upon request, to each affected local
public agency for its review and comments thereon. The comments shall
be transmitted to the agency by the affected local public agency
within such period as determined by the administrator, which period
shall be not less than 30 days nor more than 60 days from the date of
submission to the local public agency.

5094.3. Upon specific authorization of state participation by the
Legislature:
(a) The Department of Parks and Recreation and the Department of
Fish and Game may cooperate and participate with the federal
government pursuant to Public Law 89-72 in the development of
recreation and fish and wildlife enhancement at federal water
projects. Where both the recreation and fish and wildlife enhancement
functions are involved in a project the department having the
principal interest as designated by the Administrator of the
Resources Agency shall be the contracting agency with the federal
government. In such case the contract shall be subject to approval of
the other department.
(b) The departments may (1) administer unit land and water areas
for recreation or fish and wildlife enhancement, or both, (2)
contract with the federal government for the operation, maintenance,
and replacement of unit facilities, (3) assume all costs of such
operation, maintenance, and replacement, and (4) accept transfer of
unit lands or facilities by lease or exchange upon such terms and
conditions as will best promote the development and operation of such
lands or facilities in the public interest for recreation or fish
and wildlife enhancement purposes, or both.
(c) The departments may enter into a contract or contracts with
the federal government to pay or repay one-half of the separable
capital costs involved in the development of the recreation or fish
and wildlife enhancement features, or both, at the project pursuant
to the provisions of Public Law 89-72, consistent with the reports
provided for in Section 5094.2. The agreement for the payment or
repayment of the separable capital costs shall be limited to those
recreation or fish and wildlife enhancement facilities, or both,
specified in the contract. Such payments or repayments may be made by
any or all of the following methods: by legislative appropriation;
by provision of lands, interests therein, or facilities for the
project; or by a contract or contracts for repayment, with interest,
within 50 years of first use of project recreation or fish and
wildlife enhancement facilities specified in the contract or
contracts. The source of repayment may be limited to entrance and
user fees or charges collected at the project by the contracting
department if such fees or charges dedicated to repayment are
established on a basis calculated to achieve repayment and are made
subject to review and renegotiation at intervals of not more than
five years. If the source of repayment is so limited, revenues
derived from such fees or charges shall be deposited in a special
account in the Special Deposit Fund in the State Treasury and used
for the purpose of such repayment. If not so limited, the source of
repayment shall be such appropriations of funds as may from time to
time be made for such purpose by the Legislature.

5094.4. This chapter shall not apply to the cooperation and
participation with the federal government pursuant to Public Law
89-161 in the development of recreation facilities or fish and
wildlife enhancement facilities, or both, at Auburn Dam and
Reservoir, Folsom Dam and Reservoir, Nimbus Dam and Lake Natomas, and
County Line Dam and Reservoir, and stream areas in the immediate
vicinity of these facilities.

5094.5. This chapter shall be known and may be cited as the
Porter-Cobey Federal Water Project Recreation Act.