10.1-2202.4 - Civil War Site Preservation Fund established; eligibility; uses.
§ 10.1-2202.4. Civil War Site Preservation Fund established; eligibility;uses.
A. There is hereby created in the state treasury a special nonreverting fundto be known as the Civil War Site Preservation Fund, hereafter referred to as"the Fund." The Fund shall be established on the books of the Comptroller.The Fund shall consist of general funds appropriated by the General Assemblyand funds received as gifts, endowments, or grants from the United Statesgovernment, its agencies and instrumentalities, and funds from any otheravailable sources, public or private, including gifts and bequeaths. All suchfunds shall be paid into the state treasury and credited to the Fund.Interest earned on moneys in the Fund shall remain in the Fund and becredited to it. Any moneys remaining in the Fund, including interest thereon,at the end of each fiscal year shall not revert to the general fund but shallremain in the Fund.
Moneys in the Fund shall be used by the Department solely for the purpose ofmaking grants to private nonprofit organizations, hereafter referred to as"organizations," to match federal and other matching funds. All such grantsshall be made solely for the fee simple purchase of, or purchase ofprotective interests in, any Virginia Civil War historic site listed in the"Report on the Nation's Civil War Battlefields," issued in 1993 or asamended or reissued pursuant to the Civil War Battlefield Protection Act of2002 (P.L. 107-359) as amended or supplemented by new information by theNational Park Service's American Battlefield Protection Program. Expendituresand disbursements from the Fund shall be made by the State Treasurer onwarrants issued by the Comptroller upon written request signed by theDirector.
B. The Director shall establish, administer, manage, and make expendituresand allocations from the Fund.
C. Organizations seeking grant funding from the Fund shall be required toprovide at least $1 in matching funds for each $1 received from the Fund forthe proposed project. As used herein, the term "matching funds" shallinclude both cash and the value of any contribution due to a bargain sale orthe donation of land or interest therein made by the landowner as part of theproposed project. No state funds may be included in determining the amount ofthe match.
D. Eligible costs for which moneys from the Fund may be allocated includeacquisition of land and any improvements thereon (collectively referred toherein as "land") or permanent protective interests, such as perpetualconservation easements, and costs associated with such acquisitions,including the cost of appraisals, environmental reports, any survey, titlesearches and title insurance, and other closing costs.
E. Grants from the Fund shall not exceed 50 percent of the appraised value ofthe land or permanent protective interest therein.
F. Grants from the Fund may be awarded for prospective purchases or foracquisitions on which the applicant has closed. In the latter case theapplicant shall demonstrate:
1. The closing occurred no more than 12 months prior to the date ofapplication for the grant; and
2. An identifiable threat to the resource or compelling need for preservationexisted at the time of the purchase.
G. Any eligible organization making an acquisition of land or interesttherein pursuant to this section shall grant to the Department or otherholder a perpetual easement placing restrictions on the use or development ofthe land. In cases where the easement is granted to a holder other than theDepartment, all terms and conditions of the easement shall be reviewed by andfound by the Department to (i) be consistent with the intent and purpose ofthe Virginia Conservation Easement Act (§ 10.1-1009 et seq.) and (ii)accomplish the perpetual preservation of the Civil War historic site. Suchother holder shall demonstrate to the Department that it has the capacity andexpertise to manage and enforce the terms of the easement.
H. Nothing in this section shall preclude the subsequent transfer of propertyacquired pursuant to this section to the United States government, itsagencies and instrumentalities, subject to conservation provisions consistentwith this section.
I. The Director shall establish, administer, manage, and make expendituresand allocations from the Fund and shall establish guidelines forapplications, prioritization and award of grants from the Fund inconsultation with appropriate Civil War battlefield preservation interests.Consideration shall be given, but not limited to, the following: significanceof the battlefield and the location of the proposed project in relation tocore and study areas as well as proximity to other protected lands; threat toand integrity of the features associated with the battle in question; and thefinancial and administrative capacity of the applicant to complete theproject and to maintain and manage the property consistent with the publicinvestment and public interests, such as education, recreation, research,heritage tourism promotion, or orderly community development.
(2010, cc. 237, 479.)