SECTIONS 32611-32616

32611.  The conservancy may manage, operate, administer, andmaintain the lands and facilities it acquires, in accordance with thepurposes set forth in Section 32602. The conservancy may adoptregulations governing the use by the public of conservancy lands andfacilities and may provide for the enforcement of those regulations.32612.  (a) The conservancy may acquire real property or anyinterest in real property pursuant to the Property Acquisition Law(Part 11 (commencing with Section 15850) of Division 3 of Title 2 ofthe Government Code) within the conservancy's territory from willingsellers and at fair market value, upon a finding that the acquisitionis consistent with the purposes of the conservancy, as set forth inSection 32602. The conservancy may acquire the property itself or maycoordinate the acquisition through other public agencies that havethe authority to acquire property and that have available funding orland to exchange. The conservancy may hold a remainder interest inproperty in those instances in which an owner desires to sell theproperty and retain a life estate, and may create and administer amitigation land bank and arrange land exchanges, consistent with thepurposes set forth in Section 32602. The overall objective of theland acquisition program shall be to assist in accomplishing landtransactions that are mutually beneficial to the landowner and theconservancy, and that meet the conservancy's purposes. Neither theconservancy nor the State Public Works Board shall exercise the powerof eminent domain pursuant to this division. (b) To the extent not in conflict with any other law, theconservancy may exercise the right of first refusal for surpluspublic agency property located within its territory for the purposesof the conservancy set forth in Section 32602 subject to theconditions and provisions of the adopted San Gabriel and Lower LosAngeles Parkway and Open Space Plan, and shall conform to allrelevant general and specific plans and zoning regulations of localagencies within the territory of the conservancy. (c) Prior to entering into an agreement to acquire any interest inreal property within the territory of the conservancy for open spaceor conservation purposes, the conservancy shall provide 30 dayswritten notice to the legislative body of the affected local agency,if such a project was not included in the San Gabriel and Lower LosAngeles Parkway and Open Space Plan.32613.  (a) The conservancy shall have, and may exercise, all rightsand powers, expressed or implied, necessary to carry out thepurposes of this division, except as otherwise provided. (b) The conservancy may not levy a tax, exercise the power ofeminent domain, or regulate land use except on lands it owns, managesor controls. The conservancy shall be subject to all laws,regulations, and general and specific plans of the legislative bodyof any city in which the conservancy proposes to take action.32614.  The conservancy may do all of the following: (a) Sue and be sued. (b) Enter into contracts with any public agency, private entity,or person necessary for the proper discharge of the conservancy'sduties, and enter into a joint powers agreement with a public agency,in furtherance of the purposes set forth in Section 32602. (c) Lease, rent, sell, exchange, or otherwise transfer any realproperty or interest therein or any option acquired under thisdivision to a local public agency, state agency, federal agency,nonprofit organization, individual, or other entity pursuant to termsand conditions approved by the conservancy pursuant to terms andconditions approved by the conservancy for management purposes, inaccordance with the purposes set forth in Section 32602. Prior toentering into an agreement to lease, rent, sell, exchange, orotherwise transfer any real property or interest therein or anyoption acquired under this division within the territory of theconservancy, the conservancy shall provide 30 days written notice tothe legislative body of the affected local agency, if the project wasnot included in the San Gabriel and Lower Los Angeles Parkway andOpen Space Plan. (d) Initiate, negotiate, and participate in an agreement for themanagement of land under its ownership or control by a local publicagency, state agency, federal agency, nonprofit organization,individual, or other entity, and initiate, negotiate, and participatein an agreement for the management of land under the ownership orcontrol of any of those entities by the conservancy, in accordancewith the purposes set forth in Section 32602. (e) Enter into any other agreement with any public agency, privateentity, or person necessary for the proper discharge of theconservancy's duties for the purposes set forth in Section 32602. (f) Recruit and coordinate volunteers and experts to conductinterpretive and recreational programs and assist with constructionprojects and the maintenance of parkway facilities. (g) Undertake, within the territory, site improvement projects,regulate public access, and revegetate and otherwise rehabilitatedegraded areas, in consultation with any other public agency withappropriate jurisdiction and expertise, in accordance with thepurposes set forth in Section 32602. The conservancy may also, withinthe territory, upgrade deteriorating facilities and construct newfacilities as needed for outdoor recreation, nature appreciation andinterpretation, and natural resources projection. The conservancy mayundertake those projects by itself or in conjunction with anotherlocal agency; however, the conservancy shall provide overallcoordination of those projects by setting priorities for the projectsand by ensuring a uniform approach to projects. The conservancy mayundertake those projects with prior notification to the legislativebody of the local agency that has jurisdiction in the area in whichthe conservancy proposes to undertake that activity.32614.5.  (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.32615.  The conservancy shall administer any funds appropriated toit, and may expend those funds for capital improvements, landacquisition, or support of the conservancy's operations, inaccordance with the purposes set forth in Section 32602. Theconservancy may also accept any revenue, money, grants, goods, orservices contributed to it by any public agency, private entity, orperson and, upon receipt, may use the revenue, money, grants, goods,or services for capital improvements, land acquisitions, or supportof the conservancy's operations, in accordance with the purposes setforth in Section 32602.32616.  (a) The conservancy may fix and collect fees for the use ofany land owned or controlled, or for any service provided, by theconservancy. No fee shall exceed the cost of maintaining andoperating the land or of providing the service for which the fee ischarged. (b) The fee revenue and all other revenue received pursuant tothis division shall be deposited in the San Gabriel and Lower LosAngeles Rivers and Mountains Conservancy Fund, which is herebycreated in the State Treasury. The money in the fund shall beexpended by the conservancy, upon appropriation by the Legislature,for the purposes of this division.