SECTIONS 32525-32538
PUBLIC RESOURCES CODE
SECTION 32525-32538
SECTION 32525-32538
32525. The conservancy shall have, and may exercise, all rights andpowers, expressed or implied, necessary to carry out the purposes ofthis division, except as otherwise provided. The conservancy shallhave no power to levy a tax, to regulate land use, or to exercise thepower of eminent domain.32526. The conservancy shall facilitate and coordinate theactivities of its employees with personnel of the Department of Parksand Recreation, the Department of Fish and Game, and local lawenforcement and rescue agencies.32527. The conservancy may adopt and enforce regulations governingthe use of parkway lands and activities within the parkway; theprotection and management of native riparian vegetation, wildlife,and other natural resources on parkway lands; and the protection ofarchaeological sites.32528. The conservancy may implement the San Joaquin River ParkwayTask Force Plan and may adopt and carry out management plans for theprotection of the natural and recreational resources of the parkway.32529. The conservancy may manage, operate, administer, andmaintain the parkway and its facilities. Land acquired by theconservancy shall not be open to public use until the boarddetermines there are adequate funds available for the management ofthose lands. The conservancy may adopt regulations governing the useby the public of conservancy lands and may provide for theirenforcement.32530. The conservancy may employ an executive officer and otherstaff to perform those functions that cannot be provided by theexisting personnel of member agencies on a contractual basis or byvolunteers.32531. The conservancy may recruit and coordinate volunteers andexperts to conduct interpretive and recreational programs and toassist with construction projects and the maintenance of parkwayfacilities.32532. The conservancy may determine acquisition priorities and mayacquire real property or any interest in real property within theparkway from willing sellers and at fair market value or on othermutually acceptable terms. The conservancy may acquire the property,itself, or may coordinate the acquisition through a member agency orother public agencies with appropriate responsibility and availablefunding or land to exchange. The conservancy may provide technicalassistance to landowners to ensure that their activities arecompatible with or enhance the parkway. The conservancy may holdremainder interests in those instances where owners desire to sellbut retain a life estate, and may create and administer a mitigationland bank and arrange land exchanges. The overall objective of theconservancy shall be to assist in accomplishing land transactionsthat are mutually beneficial to the landowner and the parkway byadding value to the land, while meeting natural resource conservationand other parkway objectives.32533. The conservancy may undertake site improvement projects;regulate public access; revegetate and otherwise rehabilitatedegraded areas, in consultation with other public agencies withappropriate jurisdiction and expertise; upgrade deterioratingfacilities; and construct new facilities as needed for outdoorrecreation, nature appreciation and interpretation, and naturalresource protection. These projects may be undertaken by theconservancy itself or by member agencies, with the conservancyproviding overall coordination through setting priorities forprojects and assuring uniformity of approach.32534. The conservancy shall administer any funds appropriated toit and any revenue generated by member agencies for the parkway andcontributed to the conservancy, and may expend those funds forcapital improvements, land acquisition, or support of the conservancy's operations. Subject to Section 11005 of the Government Code, theconservancy may also accept any revenue, money, grants, goods, orservices contributed to the conservancy by any public agency, privateentity, or person, and, upon receipt, may expend any such revenue,money, or grants for capital improvements, land acquisitions, orsupport of the conservancy's operations.32535. The conservancy may sue and be sued. The conservancy mayenter into contracts and joint powers agreements with publicagencies, private entities, and persons necessary for the properdischarge of the conservancy's duties.32536. The conservancy shall be deemed a local agency for thepurposes of any provision of law authorizing local agencies to borrowmoney and incur indebtedness. The conservancy may fix and collectfees for the use by the public of any lands owned or controlled bythe conservancy. No fee shall exceed the cost of providing theservice for which the fee is charged. The fee revenue shall be deposited in the San Joaquin RiverConservancy Fund, which is hereby created in the State Treasury. Themoney in the fund shall be expended by the conservancy, uponappropriation by the Legislature, for the purposes of this division.32537. (a) The conservancy may award grants to local publicagencies, state agencies, federal agencies, and nonprofitorganizations for the purposes of this division. (b) Grants to nonprofit organizations for the acquisition of realproperty or interests in real property shall be subject to all of thefollowing conditions: (1) The purchase price of any interest in land acquired by thenonprofit organization may not exceed fair market value asestablished by an appraisal approved by the conservancy. (2) The conservancy approves the terms under which the interest inland is acquired. (3) The interest in land acquired pursuant to a grant from theconservancy may not be used as security for any debt incurred by thenonprofit organization unless the conservancy approves thetransaction. (4) The transfer of land acquired pursuant to a grant shall besubject to the approval of the conservancy and the execution of anagreement between the conservancy and the transferee sufficient toprotect the interests of the state. (5) The state shall have a right of entry and power of terminationin and over all interests in real property acquired with statefunds, which may be exercised if any essential term or condition ofthe grant is violated. (6) If the existence of the nonprofit organization is terminatedfor any reason, title to all interest in real property acquired withstate funds shall immediately vest in the state, except that, priorto that termination, another public agency or nonprofit organizationmay receive title to all or a portion of that interest in realproperty, by recording its acceptance of title, together with theconservancy's approval, in writing. (c) Any deed or other instrument of conveyance whereby realproperty is acquired by a nonprofit organization pursuant to thissection shall be recorded and shall set forth the executory interestor right of entry on the part of the state.32538. (a) Notwithstanding any other provision of law, theconservancy may lease, rent, sell, exchange, or otherwise transferany real property or interest therein or option acquired under thisdivision to a local public agency, state agency, federal agency,nonprofit organization, individual, or other entity for managementpurposes pursuant to terms and conditions approved by theconservancy. The conservancy may request the Director of GeneralServices to undertake these actions on its behalf. (b) The conservancy may initiate, negotiate, and participate inagreements for the management of land under its ownership or controlwith local public agencies, state agencies, federal agencies,nonprofit organizations, individuals, or other entities and may enterinto any other agreements authorized by state or federal law.