10104600D
HOUSE BILL NO. 1213
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Agriculture, Chesapeake and
Natural Resources
on January 27, 2010)
(Patron Prior to Substitute--Delegate Kory)
A BILL to amend and reenact §§10.1-2208 and 10.1-2213 of the
Code of Virginia, relating to the Department of Historic Resources; historic
preservation grants.
Be it enacted by the General Assembly of Virginia:
1. That §§10.1-2208 and 10.1-2213 of the Code of Virginia
are amended and reenacted as follows:
§10.1-2208. Supervision of expenditure of appropriations made
to localities and private organizations.
The Director shall oversee the expenditure of state
appropriations made available to nonstate agencies, whether private or
municipal organizations, whether localities or private entities, for
purposes related to the historical collections, historic landmarks, and
historic sites of Virginia, to assure that such purposes are consistent with
the statewide plan for historic preservation as established by the Director.
The Director shall establish and require adherence to sound professional
standards of historical, architectural and archaeological research in the
planning, preservation, restoration, interpretation and display of such
collections, landmarks, and sites.
§10.1-2213. Procedure for appropriation of state funds for
historic preservation.
A. No state funds, other than for the maintenance and
operation of those facilities specified in §10.1-2211 or 10.1-2212 and for the
purchase of property for preservation of historical resources by the Virginia
Land Conservation Foundation as provided in Chapter 10.2 (§10.1-1017 et seq.)
of this title, shall be appropriated or expended for or to historical
societies, museums, foundations, associations, or local governments
organizations, whether localities or private entities, as set forth in the
general appropriations act for: (i) the maintenance of collections and
exhibits or for; (ii) the maintenance, operation, and
interpretation of historic sites and facilities owned or operated by
historical such organizations; or (iii) operational and
educational activities pursuant to subsection C unless:
1. A request and completed application for state aid is filed
by the organization with the Department, on forms prescribed by the Department,
on or before July October 1 prior to each regular session of the
General Assembly in an even-numbered year. Requests shall be considered by the
Governor and the General Assembly only in even-numbered years. The Department
shall review each application made by an organization for state aid prior to
consideration by the General Assembly. The Department shall provide a timely
review of any amendments proposed by members of the General Assembly to the
chairmen of the House Appropriations and Senate Finance Committees. The review
shall examine the merits of each request, including data showing the percentage
of nonstate federal, local, or private funds raised by the
organization for the proposed project. The review and analysis provided by the
Department shall be strictly advisory. The Department shall forward to the
Department of Planning and Budget any application that is not for the
maintenance of collections and exhibits or for the maintenance, operation, and
interpretation of historic sites and facilities owned by historical
organizations. Such applications shall be governed by the procedures
identified in §2.2-1505.
2. Such Any such private organization shall
certify to the satisfaction of the Department that matching funds from federal,
local, or private sources are available in an amount at least equal
to the amount of the request in cash or in kind contributions which are deemed
acceptable to the Department. These matching funds must be concurrent with the
project for which the state grant is requested. Contributions received and
spent prior to the state grant shall not be considered in satisfying the
requirements of this subdivision.
3. Such Any such private organization shall
provide documentation of its tax exempt status under §501(c)(3) of the United
States Internal Revenue Code.
4. Such organization shall certify that the applicant has read
and acknowledged all information and requirements regarding how the grants will
be administered and how funds will be disbursed.
5. Such organization shall state in its application the
purpose of the grant. The grant recipient must justify and request in writing
approval by the Department for changes in the scope of the project prior to
implementing those changes. If grant funds are used for something other than
the purpose for which they were requested without prior review and approval by the
Department, then all state funds must be returned.
6. Such organization shall submit documentation on match
funding and approved expenditures shall be submitted with all requests for
disbursement.
7. Such organization shall provide progress reports as prescribed
by the Department. At a minimum such reports shall be submitted with
reimbursement requests and a final report at the conclusion of the project.
8. Such organization receiving the state grant shall comply
with applicable state procurement requirements pursuant to the Virginia Public
Procurement Act (§2.2-4300 et seq.).
9. In the case of new construction or ground disturbing
activities funded by state grants, the organization shall afford the
Department an opportunity to review the potential impact on any historic
resources. Such review shall be provided by the Department within 15 days of
receipt of completed information.
10. For all state grants for capital projects, whether
for new construction, rehabilitation, or restoration, or reconstruction,
funds shall be disbursed only as reimbursement for approved activities.
For the purposes of this section, no grant shall be approved
for private institutions of higher education or religious organizations.
B. In addition to the requirements of subsection A of this
section, no state funds other than for those facilities specified in §
10.1-2211 or 10.1-2212 shall be appropriated or expended for the renovation
rehabilitation, restoration, or reconstruction of any historic site as
set forth in §2.2-1505 unless:
1. The property is designated as a historic landmark by the
Board and is located on the register prepared by the Department pursuant to §
10.1-2202 or has been declared eligible by the Board for such designation but
has not actually been placed on the register of buildings and sites provided
for in §10.1-2202;
2. The society, museum, foundation, or association
organization owning such property enters and any organization
managing such property, if different from the owner, enter into an agreement
with the Department that the property will be open to the public for at least
100 days per year for no less than five years following completion,
renovation, or reconstruction of the project for which state funds are
received;
3. The organization submits owning the property and
any organization managing the project, if different from the owner, submit
the plans and specifications of the project to the Department for review and
approval to ensure that the project meets generally accepted standards for historic
preservation; and
4. The organization owning the property grants to the
Commonwealth a perpetual easement placing restrictions on the use alterations
to, or development of, the property satisfactory to the Board, if
the organization has received $50,000 or more within a four-year period
pursuant to this section. The easement shall be for the purpose of preserving
those features of the property which led to its designation as a historic
landmark.
Nothing contained in this subsection shall prohibit any
organization from charging a reasonable admission fee during the five-year
period required in subdivision 2 herein if the fee is comparable to fees
charged at similar facilities in the area.
C. The Department shall be responsible for the administration
of this section and §§10.1-2211 and 10.1-2212 and the disbursement of all
funds appropriated thereto.
State funds appropriated for the operation of historical
societies, museums, foundations and, associations, or other
such organizations shall be expended for historical facilities,
reenactments, meetings, conferences, tours, seminars, or other general
operating expenses as may be specified in the general appropriations act. Funds
appropriated for these purposes shall be distributed annually to the treasurers
of any such organizations. The appropriations act shall clearly designate that
all such funds are to be used for the operating expenses of such organization.
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