10.1-1022.1 - Expenditure of funds for natural area protection.

§ 10.1-1022.1. Expenditure of funds for natural area protection.

A. No matching grant shall be made from the Fund to any holder or public bodyfor purchasing an interest in land for the protection of a natural areaunless:

1. The holder or public body has demonstrated the necessary commitment andfinancial capability to manage the property; and

2. The Department has, after reviewing the grant application as provided insubsection B, recommended that the grant be made.

B. Natural area grant applications shall be submitted to the Foundation,which shall forward the application to the Department. The application shallinclude a budget for the proposed purchase and for the management of theproperty. The Department shall consider the following in making itsrecommendation on whether the grant should be made:

1. Whether the project will make a significant contribution to the protectionof habitats for rare, threatened, or endangered plant or animal species, rareor state-significant natural communities, other ecological resources, ornatural areas of Virginia;

2. Whether the area addresses a protection need identified in the VirginiaNatural Heritage Plan;

3. The rarity of the elements targeted for conservation;

4. The size and viability of the site; and

5. Whether the holder or public body has the capability to protect the sitefrom short-term and long-term stresses to the area.

C. Matching grant funds provided pursuant to this section shall be expendedby the holder or public body within two years of receiving the funds, exceptthat the Department may grant an extension of up to one year.

D. All property for which a matching grant is made pursuant to this sectionshall be dedicated as a natural area preserve as provided in § 10.1-213. Anysuch preserve that was purchased in fee simple by the holder or public bodyshall be open for public access for a reasonable amount of time each year,except as is necessary to protect sensitive resources or for managementpurposes, as determined by the holder or public body pursuant to an agreementwith the Department.

(1999, cc. 900, 906; 2001, cc. 164, 168.)