BILL NUMBER: AB 1476	CHAPTERED  09/25/03

	CHAPTER  517
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2003
	PASSED THE SENATE  AUGUST 27, 2003
	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN SENATE  JULY 1, 2003
	AMENDED IN ASSEMBLY  APRIL 21, 2003
	AMENDED IN ASSEMBLY  APRIL 8, 2003

INTRODUCED BY   Assembly Member Chavez

                        FEBRUARY 21, 2003

   An act to amend Section 5019.65 of the Public Resources Code,
relating to public resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1476, Chavez.  State park system:  state reserves.
   Under existing law, state reserves consist of areas embracing
outstanding natural or scenic characteristics of statewide
significance.
   This bill would also designate, as state reserves, areas
containing outstanding cultural resources of statewide significance.
The bill would describe these areas as places that contain historic
or prehistoric structures, villages, or settlements, archaeological
features, ruins, artifacts, inscriptions made by humans, burial
grounds, landscapes, hunting or gathering sites, or similar evidence
of past human lives or cultures.  The bill would require, within
state cultural reserves, the highest level of resource protection be
sought, and that management actions be consistent with the
preservation of cultural resources and federal and state laws.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares that a new state
park unit classification option of cultural reserve, which is to be
used for public land in the state park system as determined by the
State Park and Recreation Commission, is necessary to more accurately
and respectfully classify state park units containing cultural
resources, as described in Section 5019.65 of the Public Resources
Code, as amended by this act.
  SEC. 2.  Section 5019.65 of the Public Resources Code is amended to
read:
   5019.65.  State reserves consist of areas embracing outstanding
natural or scenic characteristics or areas containing outstanding
cultural resources of statewide significance.  State reserve units
may be established in the terrestrial or nonmarine aquatic (lake or
stream) environments of the state and shall be further classified as
one of the following types:
   (a) State natural reserves, consisting of areas selected and
managed for the purpose of preserving their native ecological
associations, unique faunal or floral characteristics, geological
features, and scenic qualities in a condition of undisturbed
integrity.  Resource manipulation shall be restricted to the minimum
required to negate the deleterious influence of man.
   Improvements undertaken shall be for the purpose of making the
areas available, on a day use basis, for public enjoyment and
education in a manner consistent with the preservation of their
natural features.  Living and nonliving resources contained within
state natural reserves shall not be disturbed or removed for other
than scientific or management purposes.
   (b) State cultural reserves, consisting of areas selected and
managed for the purpose of preserving and protecting the integrity of
places that contain historic or prehistoric structures, villages, or
settlements, archaeological features, ruins, artifacts, inscriptions
made by humans, burial grounds, landscapes, hunting or gathering
sites, or similar evidence of past human lives or cultures.  These
areas may also be places of spiritual significance to California
Native Americans.  Within state cultural reserves, the highest level
of resource protection shall be sought.  Improvements may be
undertaken for the purpose of providing public access, enjoyment, and
education, and for cultural resource protection.  Improvements made
for the purpose of cultural resource protection shall take into
account the possible need for access to the site for ceremonial or
spiritual purposes.  Living and nonliving resources contained within
state cultural reserves may be used for ceremonial or spiritual
purposes, consistent with other laws, and if the use is not harmful
to threatened or endangered species or to the cultural resources
intended for protection by this designation.  Management actions
shall be consistent with the preservation of cultural resources and
with federal and state laws.