(b) All appropriations specified in subdivision (a) are subject to all limitations enacted'in the Budget Act and'to'all:"
<br />fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from those
<br />laws by a statute enacted by the Legislature. The Budget Act shall contain proposed appropriations only for the program
<br />elements and classes of projects contemplated by this division, and no funds derived from the bonds authorized by law
<br />for the purposes of this division may be expended pursuant to an appropriation not contained in those sections of the
<br />Budget Act.
<br /> (c) All funds not described in subdivision (a) are appropriated directly to the state or local agency which is to administer
<br />them. These funds are not subject to appropriation by the Legislature except as provided in Section 5922.
<br /> 5922. With respect to Section 5907, if money allocated pursuant to paragraphs 41 ) and (3) of subdivision (b) [except
<br />for subparagraph (A) of paragraph(I) of subdivision (b)J; subdivision (c) [except for paragraph (1)l; paragraphs (2), (3),
<br />(4), (5), and (6) of subdivision (d), and paragraphs (1) and (5) of subdivision (e), is not expended prior to July 1, 1998, the
<br />agency to which the funds are originally allocated shall submit to the Legislature a plan for expenditure of the funds in
<br />accordance with the purposes of this division within a county in which the funds were originally authorized to be expended,
<br />and the Legislature may approve the plan by statute, passed in each house by a two-thirds vote. If the reallocated funds
<br />are not expended within 10 years after the effective date of that statute, the Legislature may, by statute, passed in each
<br />house by a two-thirds vote, reallocate the funds to the Department of Parks and Recreation for expenditure in the area
<br />of the state with the greatest need consistent with the purposes of this division.
<br /> 5923. If some or all of the funds allocated pursuant to subparagraph ( E ) of paragraph ( 1 ) of subdivision ( b ) of Section
<br />5907 are not exponded by the Department of Parks and Recreation by July 1, 1993, the remaining funds shall be allocated
<br />to the Santa Monica Mountains Conservancy for the purposes of that subparagraph. The Legislature may at any time
<br />allocate all or a portion of these funds to the Santa Monica Mountains Conservancy for the purposes for which the funds
<br />were originally allocated.
<br /> 5924. (a) Any lands acquired pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 5907 or
<br />pursuant to other sections of this act for acquisition ofother lands ofthe Agua Caliente Indian Reservation shall be subject
<br />to this section. After that acquisition, the state shall convey title to all those lands to the United States in trust for the
<br />Agua Caliente Band of Cahuilla Indians as part of the Agua Caliente Indian Reservation on the conditions that (1) the
<br />lands be administered by the Agua Caliente Band of Cahuilla Indians as additions to the existing tribal reserves estab-
<br />lished by Section 3(c) of the act of Septombor 21, 1959 (73 Stat. 603, P.L. 86-339), (2) the lands be open to the public,
<br />subject to reasonable restrictions such as those presently in effect for the above existing tribal reserves, and (3) the lands
<br />be used for protection of wildlife habitat and other resources, preservation of open space, recreation, preservation of the
<br />native palms and other plants and animals native to the area, and the preservation in place or respectful public display,
<br />at the option of the Agua Caliente Band of Cahuilla Indians, of the archeological and cultural resources of the lands.
<br /> Existing tribal reserve lands shall not be acquired, and acquisition within the reservation shall be limited to the
<br />southerly three-fourths of Section 2 and Sections'3, 11, 12, 14, 16.22, 26, 29, 34, and 36 of Township 5 south; range 4
<br />east, San Bernardino base and meridian, unless otherwise approved by the Agua Caliente Indian Reservation Tribal
<br />Council. No acquisition within the boundaries of the Agua Caliente Indian Reservation shall be made without the approval
<br />of the Agua Caliente Band of Cahuilla Indians Tribal Council.
<br /> (b) Lands acquired pursuant to paragraph (5) of subdivision (a) of Section 5907 shall not be acquired through the use
<br />of eminent domain.
<br /> (c) Reasonable public access to lands acquired in fee with funds made available pursuant to this division shall be
<br />provided except where that access may interfere with habitat proSection.
<br /> 5925. With respect to funds allocated pursuant to subparagraph (L) of paragraph (3) of subdivision (b) of Section
<br />5907, if it is not possible to acquire the entire Pogonip property, the funds shall be distributed to the entities listed in the
<br />priority established in subparagraph (L) of paragraph ( 3 ) of subdivision ( b ) of Section 5907 for the acquisition of portions
<br />of the Pogonip property and the balance, if any, for other greenbelt lands located in the city of Santa Cruz and the County
<br />of Santa Cruz as defined in the 1979 City of Santa Cruz Greenbelt Ordinance. If any of these entities fails to accomplish
<br />the acquisition of all or portions of the Poponip property by January 1, 1991, the Department of Parks and Recreation
<br />shall acquire all or a portion of the Pogonip property as an addition to Henry Cowell Redwoods State Park. Acquisition
<br />shall be deemed to have occurred if a binding contract is entered into on or before January 1, 1991, notwithstanding the.
<br />fact that a transfer of title shall occur subsequent to that date.
<br /> 5926, None of the funds allocated pursuant to subparagraph (G) of paragraph (3) of subdivision (b) of Seetion 5907
<br />for acquisition of land for the Baldwin Hills State Recreation Area or paragraph ( 1 ) of subdivision (d) of Section 5907 for
<br />expansion of Bolsa Chica Linear Park shall be used to acquire lands from which oil or gas is presently being extracted or
<br />from which oil or gas is capable of being extracted.
<br /> 5927, The qualification for or allocation of a grant or grants to a local agency under one subdivision, paragraph, or
<br />subparagraph of Section 5907 shall not preclude eligibility for an additional allocation of grant funds to the same local
<br />agency pursuant to another subdivision, paragraph, or subparagraph of Section 5907 or pursuant to Section 2720 of the
<br />Fish and Game Code.
<br /> 5928. (a) Funds available pursuant to paragraph (5) of subdivision (e) of Section 5907 shall be used solely for Monterey
<br />County's acquisition, as specified in subdivision (b) of Section 5920, of critical viewshed properties along the Big Sur Coast,
<br />and shall be expended in strict compliance with the policies of the 1988 Bond Act Account, which was established by
<br />resolution by the County of Monterey on March 17, 1987. The policies of the 1988 Bond Act Account shall not be modified
<br />or amended. Monterey County shall make an annual report to the Director of Finance on the disbursement of these funds.
<br />The Director of Finance shall assure that the County of Monterey expends the funds in accordance with this division.
<br /> (b) All lands acquired with these funds shall remain as natural lands in their present state in perpetuity and shall
<br />not be developed in any manner by any person or entity, public or private, except that this subdivision shall not apply to
<br />California Department of Transportation projects which are essential to maintain Highway One in its existing use as a
<br />rural, two lane, Scenic Highway.
<br /> 5929. (a) Prior to recommending the acquisition of lands that are located on or near tidelands, submerged lands,
<br />swamp or overflowed lands, or other wetlands, whether or not those lands have been granted in trust to a local public
<br />agency, any state or local agency or nonprofit agency receiving funds under this division shall submit to the State Lands
<br />Commission any proposal for the acquisition of those [ands pursuant to this division. The State Lands Commission shall,
<br />within three months of submittal, review the proposed acquisition, make a determination as to the state's existing or
<br />potential interest in the lands, and report its findings to the entity making the submittal and to the Department of General
<br />Services.
<br /> (b) No wetlands or ripanan habitat acquired pursuant to paragraph (7) of subdivision (c) of Section 5907 shall be
<br />used as a dredge spoil area or shall be subject to revetment which damages the quality of the habitat for which the property
<br />was acquired.
<br /> (c) No provision of this division shall be construed as authorizing the condemnation of state lands.
<br /> CHAFI~.~R 4. FISCAL PROXr[SIONS
<br /> 5930. (a) ( 1 ) Bonds in the total amount of seven hundred seventy-six million dollars ($776,000,000), or so much thereof
<br />as is necessary, may be issued and sold to be used for carrying out the purposes expressed in this division and in Chapter
<br />7.5 (commencing with Section 2700) of Division 3 of the Fish and Game Code and to be used to reimburse the General
<br />Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. A sum, not to exceed
<br />seven hundred twenty-six million dollars ( $726,000,000 ) of the bond proceeds, shall be deposited in the California Wildlife,
<br />Coastal, and Park Land Conservation Fund of 1988 for the purposes of this division, and a sum, not to exceed fifty million
<br />dollare ($50,000,000) of bond proceeds, shall be deposited in the Wildlife and Natural Areas Conservation Fund for the
<br />purposes of the Wildlife and Natural Areas Conservation Program (Chapter 7.5 (commencing with Section 2700) of Di-
<br />vision 3 of the Fish and Game Code). The bonds shall, when sold, be and constitul~e a valid and binding oblig~ttion of the
<br />State of California, and the full faith and credit of the State of California is hereby pledged for the punctual pa.vment of
<br />both principal and interest as they become due and payable.
<br /> 5931. The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided
<br />in the State General Obligation Bond Law {Chapter 4 I commencing with Section 16720) of Part 3 of Division 4 of Title 2
<br />of the Government Code ), and all provisions of that law shall apply to the bonds and are hereby incorporated in this
<br />division as though set forth in full in this division.
<br /> 5932. (a) Solely for the purpose of authorizing the issuance and sale. pursuant to the State General Obligation Bond
<br />Law. of the bonds authorized by this division, the California Wildlife, Coastal. and Park Land Conservation Program of
<br />1988 Finance Committee is hereby created. For purposes of this division. the California Wildlife, Coastal. and Park Land
<br />Conservation Program of 1988 Finance Committee is "the committee" as that term is used in the State General Obligation
<br />Bond Law. The committee shall consist of the Controller, the Director of Finance. and the Treasurer, or their designated
<br />representatives The, Treasurer shall serve as chairperson of the commith,e..A. majority of the committee may act for the
<br />committee.
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