{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2202.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2202.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2202.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2202.4.html"}],"law_id":78102,"edition_id":1,"section_id":78102,"structure_id":13563,"section_number":"10.1-2202.4","catch_line":"Virginia Battlefield Preservation Fund established; eligibility; uses","history":"2010, cc. 237, 479; 2015, c. 467.","full_text":"A\n\nThere is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Battlefield 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 Assembly and funds received as gifts, endowments, or grants from the United States government, its agencies and instrumentalities, and funds from any other available sources, public or private, including gifts and bequeaths. All such funds 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 be credited 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 shall remain in the Fund.\n\t\t\tMoneys in the Fund shall be used by the Department solely for the purpose of making grants to private nonprofit organizations, hereafter referred to as “organizations,” to match federal and other matching funds. All such grants shall be made solely for the fee simple purchase of, or purchase of protective interests in, any Virginia battlefield property listed in the following reports: the Report on the Nation’s Civil War Battlefields by the Civil War Sites Advisory Commission (Civil War Sites Advisory Commission\/National Park Service, 1993, as amended) or the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States by the American Battlefield Protection Program of the National Park Service (U.S. Department of the Interior\/National Park Service, 2007, as amended or superseded). Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.B\n\nThe Director shall establish, administer, manage, and make expenditures and allocations from the Fund.C\n\nOrganizations seeking grant funding from the Fund shall be required to provide at least $1 in matching funds for each $1 received from the Fund for the proposed project. As used herein, the term “matching funds” shall include both cash and the value of any contribution due to a bargain sale or the donation of land or interest therein made by the landowner as part of the proposed project. No state funds may be included in determining the amount of the match.D\n\nEligible costs for which moneys from the Fund may be allocated include acquisition of land and any improvements thereon (collectively referred to herein as “land”) or permanent protective interests, such as perpetual conservation easements, and costs associated with such acquisitions, including the cost of appraisals, environmental reports, any survey, title searches and title insurance, and other closing costs.E\n\nGrants from the Fund shall not exceed 50 percent of the appraised value of the land or permanent protective interest therein.F\n\nGrants from the Fund may be awarded for prospective purchases or for acquisitions on which the applicant has closed. In the latter case the applicant shall demonstrate:1\n\nThe closing occurred no more than 12 months prior to the date of application for the grant; and2\n\nAn identifiable threat to the resource or compelling need for preservation existed at the time of the purchase.G\n\nAny eligible organization making an acquisition of land or interest therein pursuant to this section shall grant to the Board or other holder a perpetual easement placing restrictions on the use or development of the land. In cases where the easement is granted to a holder other than the Board, all terms and conditions of the easement shall be reviewed by and found by the Department to accomplish the perpetual preservation of the battlefield property. Such other holder shall demonstrate to the Department that it has the capacity and expertise to manage and enforce the terms of the easement.H\n\nNothing in this section shall preclude the subsequent transfer or assignment by a state agency or other owner or holder of any property interest acquired pursuant to this section to the United States of America to be incorporated into a national park, national forest, national wildlife refuge, or other national conservation area in accordance with 54 U.S.C. § 100101, 16 U.S.C. § 551, the Fish and Wildlife Act of 1956 (16 U.S.C. § 742a et seq.), or 16 U.S.C. § 1131, as amended and applicable. The Department, acting on behalf of the Board, shall facilitate transfers and assignments of any such interests held by the Board. The United States of America shall be considered a “public body” as that term is defined in the Virginia Open-Space Land Act (§ 10.1-1700 et seq.) for the purposes of any transfer or assignment to the United States of America of any easement granted under this section.I\n\nThe Director shall establish, administer, manage, and make expenditures and allocations from the Fund and shall establish guidelines for applications, evaluation, and award of grants from the Fund in consultation with appropriate battlefield preservation interests. In making grants, the Department shall give primary consideration to the significance of the battlefield and the degree to which the property falls within the core and study areas of the specific battlefield, as described in the relevant report of the American Battlefield Protection Program, as well as proximity to other protected lands; threat to and integrity of the features associated with the battle in question; and the financial and administrative capacity of the applicant to complete the project and to maintain and manage the property in a manner that is consistent with the public investment and public interests, such as education, recreation, research, heritage tourism promotion, or orderly community development.","order_by":null,"text":{"0":{"id":279998,"text":"There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Battlefield 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 Assembly and funds received as gifts, endowments, or grants from the United States government, its agencies and instrumentalities, and funds from any other available sources, public or private, including gifts and bequeaths. All such funds 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 be credited 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 shall remain in the Fund.\n\t\t\tMoneys in the Fund shall be used by the Department solely for the purpose of making grants to private nonprofit organizations, hereafter referred to as “organizations,” to match federal and other matching funds. All such grants shall be made solely for the fee simple purchase of, or purchase of protective interests in, any Virginia battlefield property listed in the following reports: the Report on the Nation’s Civil War Battlefields by the Civil War Sites Advisory Commission (Civil War Sites Advisory Commission\/National Park Service, 1993, as amended) or the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States by the American Battlefield Protection Program of the National Park Service (U.S. Department of the Interior\/National Park Service, 2007, as amended or superseded). Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":279999,"text":"The Director shall establish, administer, manage, and make expenditures and allocations from the Fund.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280000,"text":"Organizations seeking grant funding from the Fund shall be required to provide at least $1 in matching funds for each $1 received from the Fund for the proposed project. As used herein, the term “matching funds” shall include both cash and the value of any contribution due to a bargain sale or the donation of land or interest therein made by the landowner as part of the proposed project. No state funds may be included in determining the amount of the match.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":280001,"text":"Eligible costs for which moneys from the Fund may be allocated include acquisition of land and any improvements thereon (collectively referred to herein as “land”) or permanent protective interests, such as perpetual conservation easements, and costs associated with such acquisitions, including the cost of appraisals, environmental reports, any survey, title searches and title insurance, and other closing costs.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":280002,"text":"Grants from the Fund shall not exceed 50 percent of the appraised value of the land or permanent protective interest therein.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":280003,"text":"Grants from the Fund may be awarded for prospective purchases or for acquisitions on which the applicant has closed. In the latter case the applicant shall demonstrate:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":280004,"text":"The closing occurred no more than 12 months prior to the date of application for the grant; and","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":280005,"text":"An identifiable threat to the resource or compelling need for preservation existed at the time of the purchase.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"8":{"id":280006,"text":"Any eligible organization making an acquisition of land or interest therein pursuant to this section shall grant to the Board or other holder a perpetual easement placing restrictions on the use or development of the land. In cases where the easement is granted to a holder other than the Board, all terms and conditions of the easement shall be reviewed by and found by the Department to accomplish the perpetual preservation of the battlefield property. Such other holder shall demonstrate to the Department that it has the capacity and expertise to manage and enforce the terms of the easement.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"H"},"9":{"id":280007,"text":"Nothing in this section shall preclude the subsequent transfer or assignment by a state agency or other owner or holder of any property interest acquired pursuant to this section to the United States of America to be incorporated into a national park, national forest, national wildlife refuge, or other national conservation area in accordance with 54 U.S.C. § 100101, 16 U.S.C. § 551, the Fish and Wildlife Act of 1956 (16 U.S.C. § 742a et seq.), or 16 U.S.C. § 1131, as amended and applicable. The Department, acting on behalf of the Board, shall facilitate transfers and assignments of any such interests held by the Board. The United States of America shall be considered a “public body” as that term is defined in the Virginia Open-Space Land Act (§ 10.1-1700 et seq.) for the purposes of any transfer or assignment to the United States of America of any easement granted under this section.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"10":{"id":280008,"text":"The Director shall establish, administer, manage, and make expenditures and allocations from the Fund and shall establish guidelines for applications, evaluation, and award of grants from the Fund in consultation with appropriate battlefield preservation interests. In making grants, the Department shall give primary consideration to the significance of the battlefield and the degree to which the property falls within the core and study areas of the specific battlefield, as described in the relevant report of the American Battlefield Protection Program, as well as proximity to other protected lands; threat to and integrity of the features associated with the battle in question; and the financial and administrative capacity of the applicant to complete the project and to maintain and manage the property in a manner that is consistent with the public investment and public interests, such as education, recreation, research, heritage tourism promotion, or orderly community development.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13563,"edition_id":1,"name":"Department of Historic Resources","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13562,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":146911,"object_type":"structure","relational_id":13563,"identifier":"1","token":"10.1\/III\/22\/1","url":"\/10.1\/III\/22\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13562,"edition_id":1,"name":"Historic Resources","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":13561,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":146909,"object_type":"structure","relational_id":13562,"identifier":"22","token":"10.1\/III\/22","url":"\/10.1\/III\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13561,"edition_id":1,"name":"Activities Administered by the Department of Historic Resources","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":146907,"object_type":"structure","relational_id":13561,"identifier":"III","token":"10.1\/III","url":"\/10.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65742,"structure_id":13563,"section_number":"10.1-2200","catch_line":"Definitions","url":"\/10.1-2200\/","token":"10.1\/III\/22\/1\/10.1-2200","metadata":false},{"id":62819,"structure_id":13563,"section_number":"10.1-2201","catch_line":"Department created; appointment of Director; Director to serve as State Historic Preservation Officer","url":"\/10.1-2201\/","token":"10.1\/III\/22\/1\/10.1-2201","metadata":false},{"id":65046,"structure_id":13563,"section_number":"10.1-2202","catch_line":"Powers and duties of the Director","url":"\/10.1-2202\/","token":"10.1\/III\/22\/1\/10.1-2202","metadata":false},{"id":58688,"structure_id":13563,"section_number":"10.1-2202.1","catch_line":"Historic Resources Fund established; administration; purpose","url":"\/10.1-2202.1\/","token":"10.1\/III\/22\/1\/10.1-2202.1","metadata":false},{"id":61524,"structure_id":13563,"section_number":"10.1-2202.2","catch_line":"Preservation Easement Fund established; uses","url":"\/10.1-2202.2\/","token":"10.1\/III\/22\/1\/10.1-2202.2","metadata":false},{"id":58104,"structure_id":13563,"section_number":"10.1-2202.3","catch_line":"Stewardship of state-owned historic properties","url":"\/10.1-2202.3\/","token":"10.1\/III\/22\/1\/10.1-2202.3","metadata":false},{"id":78102,"structure_id":13563,"section_number":"10.1-2202.4","catch_line":"Virginia Battlefield Preservation Fund established; eligibility; uses","url":"\/10.1-2202.4\/","token":"10.1\/III\/22\/1\/10.1-2202.4","metadata":false},{"id":79249,"structure_id":13563,"section_number":"10.1-2202.5","catch_line":"Virginia Black, Indigenous, and People of Color Historic Preservation Fund; established","url":"\/10.1-2202.5\/","token":"10.1\/III\/22\/1\/10.1-2202.5","metadata":false},{"id":72381,"structure_id":13563,"section_number":"10.1-2203","catch_line":"Board of Historic Resources membership; appointment; terms","url":"\/10.1-2203\/","token":"10.1\/III\/22\/1\/10.1-2203","metadata":false},{"id":66859,"structure_id":13563,"section_number":"10.1-2204","catch_line":"Duties of Board of Historic Resources","url":"\/10.1-2204\/","token":"10.1\/III\/22\/1\/10.1-2204","metadata":false},{"id":65344,"structure_id":13563,"section_number":"10.1-2205","catch_line":"Board shall promulgate regulations; penalty","url":"\/10.1-2205\/","token":"10.1\/III\/22\/1\/10.1-2205","metadata":false},{"id":71292,"structure_id":13563,"section_number":"10.1-2205.1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-2205.1\/","token":"10.1\/III\/22\/1\/10.1-2205.1","metadata":false},{"id":63597,"structure_id":13563,"section_number":"10.1-2206","catch_line":"Repealed","url":"\/10.1-2206\/","token":"10.1\/III\/22\/1\/10.1-2206","metadata":false},{"id":83676,"structure_id":13563,"section_number":"10.1-2206.1","catch_line":"Procedure for designating a historic district, building, structure, or site as a historic landmark; National Register of Historic Places, National Historic Landmarks; historic district defined","url":"\/10.1-2206.1\/","token":"10.1\/III\/22\/1\/10.1-2206.1","metadata":false},{"id":55550,"structure_id":13563,"section_number":"10.1-2206.2","catch_line":"Consent of owners required for certain designations by the Board","url":"\/10.1-2206.2\/","token":"10.1\/III\/22\/1\/10.1-2206.2","metadata":false},{"id":54525,"structure_id":13563,"section_number":"10.1-2207","catch_line":"Property to reflect change in market value","url":"\/10.1-2207\/","token":"10.1\/III\/22\/1\/10.1-2207","metadata":false},{"id":69276,"structure_id":13563,"section_number":"10.1-2208","catch_line":"Supervision of expenditure of appropriations made to localities and private organizations","url":"\/10.1-2208\/","token":"10.1\/III\/22\/1\/10.1-2208","metadata":false},{"id":78369,"structure_id":13563,"section_number":"10.1-2208.1","catch_line":"Expired","url":"\/10.1-2208.1\/","token":"10.1\/III\/22\/1\/10.1-2208.1","metadata":false},{"id":71446,"structure_id":13563,"section_number":"10.1-2209","catch_line":"Erection of markers, requirements, etc., without certificate of approval forbidden","url":"\/10.1-2209\/","token":"10.1\/III\/22\/1\/10.1-2209","metadata":false},{"id":70977,"structure_id":13563,"section_number":"10.1-2210","catch_line":"Erection of markers by local governing bodies","url":"\/10.1-2210\/","token":"10.1\/III\/22\/1\/10.1-2210","metadata":false},{"id":58510,"structure_id":13563,"section_number":"10.1-2210.1","catch_line":"Green Book historic site designation","url":"\/10.1-2210.1\/","token":"10.1\/III\/22\/1\/10.1-2210.1","metadata":false},{"id":61851,"structure_id":13563,"section_number":"10.1-2211","catch_line":"Disbursement of funds appropriated for caring for Confederate cemeteries and graves","url":"\/10.1-2211\/","token":"10.1\/III\/22\/1\/10.1-2211","metadata":false},{"id":84679,"structure_id":13563,"section_number":"10.1-2211.1","catch_line":"Disbursement of funds appropriated for caring for Revolutionary War cemeteries and graves","url":"\/10.1-2211.1\/","token":"10.1\/III\/22\/1\/10.1-2211.1","metadata":false},{"id":61324,"structure_id":13563,"section_number":"10.1-2211.1:1","catch_line":"Revolutionary War Cemeteries and Graves Fund","url":"\/10.1-2211.1_1\/","token":"10.1\/III\/22\/1\/10.1-2211.1_1","metadata":false},{"id":71899,"structure_id":13563,"section_number":"10.1-2211.2","catch_line":"Disbursement of funds appropriated for caring for historical African American cemeteries and graves","url":"\/10.1-2211.2\/","token":"10.1\/III\/22\/1\/10.1-2211.2","metadata":false},{"id":59849,"structure_id":13563,"section_number":"10.1-2211.3","catch_line":"Historical African American Cemeteries and Graves Fund","url":"\/10.1-2211.3\/","token":"10.1\/III\/22\/1\/10.1-2211.3","metadata":false},{"id":83415,"structure_id":13563,"section_number":"10.1-2212","catch_line":"Listing of certain historical societies receiving appropriations","url":"\/10.1-2212\/","token":"10.1\/III\/22\/1\/10.1-2212","metadata":false},{"id":59202,"structure_id":13563,"section_number":"10.1-2213","catch_line":"Procedure for appropriation of state funds for historic preservation","url":"\/10.1-2213\/","token":"10.1\/III\/22\/1\/10.1-2213","metadata":false},{"id":61421,"structure_id":13563,"section_number":"10.1-2213.1","catch_line":"Matching grants for contributions to a material restoration of a Presidential home","url":"\/10.1-2213.1\/","token":"10.1\/III\/22\/1\/10.1-2213.1","metadata":false},{"id":74703,"structure_id":13563,"section_number":"10.1-2214","catch_line":"Underwater historic property; penalty","url":"\/10.1-2214\/","token":"10.1\/III\/22\/1\/10.1-2214","metadata":false}],"previous_section":{"id":58104,"structure_id":13563,"section_number":"10.1-2202.3","catch_line":"Stewardship of state-owned historic properties","url":"\/10.1-2202.3\/","token":"10.1\/III\/22\/1\/10.1-2202.3","metadata":false},"next_section":{"id":79249,"structure_id":13563,"section_number":"10.1-2202.5","catch_line":"Virginia Black, Indigenous, and People of Color Historic Preservation Fund; established","url":"\/10.1-2202.5\/","token":"10.1\/III\/22\/1\/10.1-2202.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2202.4\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapters 237<\/a> and 479<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2015, chapter 467<\/a>.<\/p>","references":[{"id":80925,"section_number":"2.2-1509.4","catch_line":"Budget bill to include an appropriation for land preservation","order_by":null,"url":"\/2.2-1509.4\/"},{"id":76719,"section_number":"58.1-512","catch_line":"Land preservation tax credits for individuals and corporations","order_by":null,"url":"\/58.1-512\/"}],"refers_to":[{"id":59427,"section_number":"10.1-1700","catch_line":"Definitions","order_by":null,"url":"\/10.1-1700\/"}],"permalink":{"id":146937,"object_type":"law","relational_id":78102,"identifier":"10.1-2202.4","token":"10.1\/III\/22\/1\/10.1-2202.4","url":"\/10.1-2202.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2202.4\/","token":"10.1\/III\/22\/1\/10.1-2202.4","dublin_core":{"Title":"Virginia Battlefield Preservation Fund established; eligibility; uses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2202.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Battlefield 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 Assembly and funds received as gifts, endowments, or grants from the United States government, its agencies and instrumentalities, and funds from any other available sources, public or private, including gifts and bequeaths. All such funds 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 be credited 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 shall remain in the Fund.\n\t\t\tMoneys in the Fund shall be used by the Department<\/span> solely for the purpose of making grants to private nonprofit organizations, hereafter referred to as “organizations,” to match federal and other matching funds<\/span>. All such grants shall be made solely for the fee simple purchase of, or purchase of protective interests in, any Virginia battlefield property<\/span> listed in the following reports: the Report on the Nation’s Civil War Battlefields by the Civil War Sites Advisory Commission (Civil War Sites Advisory Commission\/National Park Service, 1993, as amended) or the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States by the American Battlefield Protection Program of the National Park Service (U.S. Department<\/span> of the Interior\/National Park Service, 2007, as amended or superseded). Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> shall establish, administer, manage, and make expenditures and allocations from the Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Organizations seeking grant funding from the Fund shall be required to provide at least $1 in matching funds<\/span> for each $1 received from the Fund for the proposed project. As used herein, the term “matching funds<\/span>” shall include both cash and the value of any contribution due to a bargain sale or the donation of land or interest therein made by the landowner as part of the proposed project. No state funds may be included in determining the amount of the match. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Eligible costs for which moneys from the Fund may be allocated include acquisition of land and any improvements thereon (collectively referred to herein as “land”) or permanent protective interests, such as perpetual conservation easements, and costs associated with such acquisitions, including the cost of appraisals, environmental reports, any survey, title searches and title insurance, and other closing costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Grants from the Fund shall not exceed 50 percent of the appraised value of the land or permanent protective interest therein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Grants from the Fund may be awarded for prospective purchases or for acquisitions on which the applicant has closed. In the latter case the applicant shall demonstrate: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The closing occurred no more than 12 months prior to the date of application for the grant; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An identifiable threat to the resource or compelling need for preservation existed at the time of the purchase. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any eligible organization making an acquisition of land or interest therein pursuant to this section shall grant to the Board<\/span> or other holder a perpetual easement placing restrictions on the use or development of the land. In cases where the easement is granted to a holder other than the Board<\/span>, all terms and conditions of the easement shall be reviewed by and found by the Department<\/span> to accomplish the perpetual preservation of the battlefield property<\/span>. Such other holder shall demonstrate to the Department<\/span> that it has the capacity and expertise to manage and enforce the terms of the easement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this section shall preclude the subsequent transfer or assignment by a state agency or other owner or holder of any property interest acquired pursuant to this section to the United States of America to be incorporated into a national park, national forest, national wildlife refuge, or other national conservation area in accordance with 54 U.S.C. § 100101, 16 U.S.C. § 551, the Fish and Wildlife Act of 1956 (16 U.S.C. § 742a et seq.), or 16 U.S.C. § 1131, as amended and applicable. The Department<\/span>, acting on behalf of the Board<\/span>, shall facilitate transfers and assignments of any such interests held by the Board<\/span>. The United States of America shall be considered a “public body” as that term is defined in the Virginia Open-Space Land Act (§ 10.1-1700<\/a> et seq.) for the purposes of any transfer or assignment to the United States of America of any easement granted under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Director<\/span> shall establish, administer, manage, and make expenditures and allocations from the Fund and shall establish guidelines for applications, evaluation, and award of grants from the Fund in consultation with appropriate battlefield preservation interests. In making grants, the Department<\/span> shall give primary consideration to the significance of the battlefield and the degree to which the property falls within the core and study areas of the specific battlefield, as described in the relevant report of the American Battlefield Protection Program, as well as proximity to other protected lands; threat to and integrity of the features associated with the battle in question; and the financial and administrative capacity of the applicant to complete the project and to maintain and manage the property in a manner that is consistent with the public investment and public interests, such as education, recreation, research, heritage tourism promotion, or orderly community development. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA BATTLEFIELD PRESERVATION FUND ESTABLISHED; ELIGIBILITY; USES (\u00a7\n10.1-2202.4)\n\nA. There is hereby created in the state treasury a special nonreverting fund to\nbe known as the Virginia Battlefield Preservation Fund, hereafter referred to as\n“the Fund.” The Fund shall be established on the books of the\nComptroller. The Fund shall consist of general funds appropriated by the General\nAssembly and funds received as gifts, endowments, or grants from the United\nStates government, its agencies and instrumentalities, and funds from any other\navailable sources, public or private, including gifts and bequeaths. All such\nfunds shall be paid into the state treasury and credited to the Fund. Interest\nearned on moneys in the Fund shall remain in the Fund and be credited to it. Any\nmoneys remaining in the Fund, including interest thereon, at the end of each\nfiscal year shall not revert to the general fund but shall remain in the Fund.\n\t\t\tMoneys in the Fund shall be used by the Department solely for the purpose of\nmaking grants to private nonprofit organizations, hereafter referred to as\n“organizations,” to match federal and other matching funds. All such\ngrants shall be made solely for the fee simple purchase of, or purchase of\nprotective interests in, any Virginia battlefield property listed in the\nfollowing reports: the Report on the Nation’s Civil War Battlefields by\nthe Civil War Sites Advisory Commission (Civil War Sites Advisory\nCommission\/National Park Service, 1993, as amended) or the Report to Congress on\nthe Historic Preservation of Revolutionary War and War of 1812 Sites in the\nUnited States by the American Battlefield Protection Program of the National\nPark Service (U.S. Department of the Interior\/National Park Service, 2007, as\namended or superseded). Expenditures and disbursements from the Fund shall be\nmade by the State Treasurer on warrants issued by the Comptroller upon written\nrequest signed by the Director.\n\nB. The Director shall establish, administer, manage, and make expenditures and\nallocations from the Fund.\n\nC. Organizations seeking grant funding from the Fund shall be required to\nprovide at least $1 in matching funds for each $1 received from the Fund for the\nproposed project. As used herein, the term “matching funds” shall\ninclude both cash and the value of any contribution due to a bargain sale or the\ndonation of land or interest therein made by the landowner as part of the\nproposed project. No state funds may be included in determining the amount of\nthe match.\n\nD. Eligible costs for which moneys from the Fund may be allocated include\nacquisition of land and any improvements thereon (collectively referred to\nherein as “land”) or permanent protective interests, such as\nperpetual conservation easements, and costs associated with such acquisitions,\nincluding the cost of appraisals, environmental reports, any survey, title\nsearches and title insurance, and other closing costs.\n\nE. Grants from the Fund shall not exceed 50 percent of the appraised value of\nthe land or permanent protective interest therein.\n\nF. Grants from the Fund may be awarded for prospective purchases or for\nacquisitions on which the applicant has closed. In the latter case the applicant\nshall demonstrate:\n\n 1. The closing occurred no more than 12 months prior to the date of\n application for the grant; and\n\n 2. An identifiable threat to the resource or compelling need for preservation\n existed at the time of the purchase.\n\nG. Any eligible organization making an acquisition of land or interest therein\npursuant to this section shall grant to the Board or other holder a perpetual\neasement placing restrictions on the use or development of the land. In cases\nwhere the easement is granted to a holder other than the Board, all terms and\nconditions of the easement shall be reviewed by and found by the Department to\naccomplish the perpetual preservation of the battlefield property. Such other\nholder shall demonstrate to the Department that it has the capacity and\nexpertise to manage and enforce the terms of the easement.\n\nH. Nothing in this section shall preclude the subsequent transfer or assignment\nby a state agency or other owner or holder of any property interest acquired\npursuant to this section to the United States of America to be incorporated into\na national park, national forest, national wildlife refuge, or other national\nconservation area in accordance with 54 U.S.C. § 100101, 16 U.S.C. §\n551, the Fish and Wildlife Act of 1956 (16 U.S.C. § 742a et seq.), or 16\nU.S.C. § 1131, as amended and applicable. The Department, acting on behalf\nof the Board, shall facilitate transfers and assignments of any such interests\nheld by the Board. The United States of America shall be considered a\n“public body” as that term is defined in the Virginia Open-Space\nLand Act (§ 10.1-1700 et seq.) for the purposes of any transfer or\nassignment to the United States of America of any easement granted under this\nsection.\n\nI. The Director shall establish, administer, manage, and make expenditures and\nallocations from the Fund and shall establish guidelines for applications,\nevaluation, and award of grants from the Fund in consultation with appropriate\nbattlefield preservation interests. In making grants, the Department shall give\nprimary consideration to the significance of the battlefield and the degree to\nwhich the property falls within the core and study areas of the specific\nbattlefield, as described in the relevant report of the American Battlefield\nProtection Program, as well as proximity to other protected lands; threat to and\nintegrity of the features associated with the battle in question; and the\nfinancial and administrative capacity of the applicant to complete the project\nand to maintain and manage the property in a manner that is consistent with the\npublic investment and public interests, such as education, recreation, research,\nheritage tourism promotion, or orderly community development.\n\nHISTORY: 2010, cc. 237, 479; 2015, c. 467.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}