{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2202.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2202.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2202.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2202.5.html"}],"law_id":79249,"edition_id":1,"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","history":"2022, cc. 185, 186.","full_text":"A\n\nAs used in this section:\n\t\t\t“Eligible costs” means acquisition of real property and any improvements thereon; acquisition of a permanent protective interest in real property such as a perpetual preservation easement; costs associated with the acquisition of real property or interests thereof, such as appraisals, environmental reports, surveys, title searches, title insurance, and closing costs; costs of registering property with the Virginia Landmarks Register and the National Register of Historic Places, including survey and consultation fees and other related costs; and costs associated with the material rehabilitation or stabilization of real property.\n\t\t\t“Fund” means the Virginia Black, Indigenous, and People of Color Historic Preservation Fund.\n\t\t\t“Organization” means a private nonprofit organization.B\n\nThere is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Black, Indigenous, and People of Color Historic Preservation Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose, any funds from the federal government, and any gifts, donations, grants, bequests, and other funds received on its behalf 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. Moneys in the Fund shall be used solely for the purposes set forth in this section. 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.C\n\nMoneys in the Fund shall be used solely for grants to any eligible state-recognized or federally recognized Indian tribe, private nonprofit organization, or locality for eligible costs related to the purchase of a fee simple or protective interest in real property; rehabilitation or stabilization of real property; or data recovery of any cultural or historical property associated with Black, indigenous, or people of color communities and listed in the Virginia Landmarks Register, the National Register of Historic Places, designated as a National Historic Landmark, or determined eligible for such listing. Matching funds may be required for grants from the Fund.D\n\nGrants awarded from the Fund for the acquisition of real property by fee simple purchase or by purchase of protective interests shall not exceed 50 percent of the appraised value of the land or permanent protective interest.E\n\nGrants from the Fund may be awarded for a prospective purchase or for acquisitions upon which the applicant has already completed the transaction. If the transaction has been completed at the time of the application for the grant, the applicant shall demonstrate that (i) the transaction was completed no more than 12 months prior to the date of the application for the grant and (ii) an identifiable threat to the resource or compelling need for preservation existed at the time of the purchase.F\n\nAny state-recognized or federally recognized Indian tribe, organization, or locality receiving a grant from the Fund shall grant the Board or other holder a perpetual easement pursuant to the Open-Space Land Act (§ 10.1-1700 et seq.) for the purpose of preserving real property that is important for its historical, architectural, or archaeological aspects, replacing restrictions on the use or development of the land. If the easement is granted to a holder other than the Board, all terms and conditions of the easement shall be reviewed by the Department to ensure that the easement accomplishes the perpetual preservation of the 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.G\n\nThe Director shall administer and manage the Fund and shall establish guidelines for applications, evaluations, and recommendations to the Board for the award of grants from the Fund. In awarding grants, the Board shall give primary consideration to the significance of the real property and the threat to and integrity of features associated with such property. The Board shall also consider the applicant’s financial need, the ability of an applicant to provide matching funds, and the financial and administrative capacity of the applicant to complete the project and maintain and manage the property in a manner that is consistent with public investment and public interest, such as education, recreation, research, heritage tourism promotion, or orderly community development. The Director shall make grant award recommendations to the Board for approval by the Board. The Director shall incorporate the ConserveVirginia program, established pursuant to § 10.1-104.6:1, into grant award recommendations to the Board, when appropriate.","order_by":null,"text":{"0":{"id":283748,"text":"As used in this section:\n\t\t\t“Eligible costs” means acquisition of real property and any improvements thereon; acquisition of a permanent protective interest in real property such as a perpetual preservation easement; costs associated with the acquisition of real property or interests thereof, such as appraisals, environmental reports, surveys, title searches, title insurance, and closing costs; costs of registering property with the Virginia Landmarks Register and the National Register of Historic Places, including survey and consultation fees and other related costs; and costs associated with the material rehabilitation or stabilization of real property.\n\t\t\t“Fund” means the Virginia Black, Indigenous, and People of Color Historic Preservation Fund.\n\t\t\t“Organization” means a private nonprofit organization.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283749,"text":"There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Black, Indigenous, and People of Color Historic Preservation Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose, any funds from the federal government, and any gifts, donations, grants, bequests, and other funds received on its behalf 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. Moneys in the Fund shall be used solely for the purposes set forth in this section. 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":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283750,"text":"Moneys in the Fund shall be used solely for grants to any eligible state-recognized or federally recognized Indian tribe, private nonprofit organization, or locality for eligible costs related to the purchase of a fee simple or protective interest in real property; rehabilitation or stabilization of real property; or data recovery of any cultural or historical property associated with Black, indigenous, or people of color communities and listed in the Virginia Landmarks Register, the National Register of Historic Places, designated as a National Historic Landmark, or determined eligible for such listing. Matching funds may be required for grants from the Fund.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":283751,"text":"Grants awarded from the Fund for the acquisition of real property by fee simple purchase or by purchase of protective interests shall not exceed 50 percent of the appraised value of the land or permanent protective interest.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":283752,"text":"Grants from the Fund may be awarded for a prospective purchase or for acquisitions upon which the applicant has already completed the transaction. If the transaction has been completed at the time of the application for the grant, the applicant shall demonstrate that (i) the transaction was completed no more than 12 months prior to the date of the application for the grant and (ii) an identifiable threat to the resource or compelling need for preservation existed at the time of the purchase.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":283753,"text":"Any state-recognized or federally recognized Indian tribe, organization, or locality receiving a grant from the Fund shall grant the Board or other holder a perpetual easement pursuant to the Open-Space Land Act (§ 10.1-1700 et seq.) for the purpose of preserving real property that is important for its historical, architectural, or archaeological aspects, replacing restrictions on the use or development of the land. If the easement is granted to a holder other than the Board, all terms and conditions of the easement shall be reviewed by the Department to ensure that the easement accomplishes the perpetual preservation of the 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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":283754,"text":"The Director shall administer and manage the Fund and shall establish guidelines for applications, evaluations, and recommendations to the Board for the award of grants from the Fund. In awarding grants, the Board shall give primary consideration to the significance of the real property and the threat to and integrity of features associated with such property. The Board shall also consider the applicant’s financial need, the ability of an applicant to provide matching funds, and the financial and administrative capacity of the applicant to complete the project and maintain and manage the property in a manner that is consistent with public investment and public interest, such as education, recreation, research, heritage tourism promotion, or orderly community development. The Director shall make grant award recommendations to the Board for approval by the Board. The Director shall incorporate the ConserveVirginia program, established pursuant to § 10.1-104.6:1, into grant award recommendations to the Board, when appropriate.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2202.5\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapters 185<\/a> and 186<\/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.<\/p>","references":[{"id":66859,"section_number":"10.1-2204","catch_line":"Duties of Board of Historic Resources","order_by":null,"url":"\/10.1-2204\/"}],"refers_to":[{"id":61044,"section_number":"10.1-104.6:1","catch_line":"ConserveVirginia program established","order_by":null,"url":"\/10.1-104.6_1\/"},{"id":59427,"section_number":"10.1-1700","catch_line":"Definitions","order_by":null,"url":"\/10.1-1700\/"}],"permalink":{"id":146941,"object_type":"law","relational_id":79249,"identifier":"10.1-2202.5","token":"10.1\/III\/22\/1\/10.1-2202.5","url":"\/10.1-2202.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2202.5\/","token":"10.1\/III\/22\/1\/10.1-2202.5","dublin_core":{"Title":"Virginia Black, Indigenous, and People of Color Historic Preservation Fund; established","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2202.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Eligible costs<\/span>” means acquisition of real property and any improvements thereon; acquisition of a permanent protective interest in real property such as a perpetual preservation easement; costs associated with the acquisition of real property or interests thereof, such as appraisals, environmental reports, surveys, title searches, title insurance, and closing costs; costs of registering property with the Virginia Landmarks Register and the National Register of Historic Places, including survey and consultation fees and other related costs; and costs associated with the material<\/span> rehabilitation or stabilization of real property.\n\t\t\t“Fund<\/span>” means the Virginia Black, Indigenous, and People of Color Historic Preservation Fund<\/span>.\n\t\t\t“Organization<\/span>” means a private nonprofit organization<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> There is hereby created in the state treasury a special nonreverting fund<\/span> to be known as the Virginia Black, Indigenous, and People of Color Historic Preservation Fund<\/span>. The Fund<\/span> shall be established on the books of the Comptroller. All funds<\/span> appropriated for such purpose, any funds<\/span> from the federal government, and any gifts, donations, grants, bequests, and other funds<\/span> received on its behalf shall be paid into the state treasury and credited to the Fund<\/span>. Interest earned on moneys in the Fund<\/span> shall remain in the Fund<\/span> and be credited to it. Any moneys remaining in the Fund<\/span>, including interest thereon, at the end of each fiscal year shall not revert to the general fund<\/span> but shall remain in the Fund<\/span>. Moneys in the Fund<\/span> shall be used solely for the purposes set forth in this section. Expenditures and disbursements from the Fund<\/span> 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

C.<\/span> Moneys in the Fund<\/span> shall be used solely for grants to any eligible state-recognized or federally recognized Indian tribe, private nonprofit organization<\/span>, or locality for eligible costs<\/span> related to the purchase of a fee simple or protective interest in real property; rehabilitation or stabilization of real property; or data recovery of any cultural or historical property associated with Black, indigenous, or people of color communities and listed in the Virginia Landmarks Register, the National Register of Historic Places, designated as a National Historic Landmark, or determined eligible for such listing. Matching funds<\/span> may be required for grants from the Fund<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Grants awarded from the Fund<\/span> for the acquisition of real property by fee simple purchase or by purchase of protective interests shall not exceed 50 percent of the appraised value of the land or permanent protective interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Grants from the Fund<\/span> may be awarded for a prospective purchase or for acquisitions upon which the applicant has already completed the transaction. If the transaction has been completed at the time of the application for the grant, the applicant shall demonstrate that (i) the transaction was completed no more than 12 months prior to the date of the application for the grant and (ii) 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

F.<\/span> Any state-recognized or federally recognized Indian tribe, organization<\/span>, or locality receiving a grant from the Fund<\/span> shall grant the Board<\/span> or other holder a perpetual easement pursuant to the Open-Space Land Act (§ 10.1-1700<\/a> et seq.) for the purpose of preserving real property that is important for its historical, architectural, or archaeological aspects, replacing restrictions on the use or development of the land. If the easement is granted to a holder other than the Board<\/span>, all terms and conditions of the easement shall be reviewed by the Department<\/span> to ensure that the easement accomplishes the perpetual preservation of the property. 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

G.<\/span> The Director<\/span> shall administer and manage the Fund<\/span> and shall establish guidelines for applications, evaluations, and recommendations to the Board<\/span> for the award of grants from the Fund<\/span>. In awarding grants, the Board<\/span> shall give primary consideration to the significance of the real property and the threat to and integrity of features associated with such property. The Board<\/span> shall also consider the applicant’s financial need, the ability of an applicant to provide matching funds<\/span>, and the financial and administrative capacity of the applicant to complete the project and maintain and manage the property in a manner that is consistent with public investment and public interest, such as education, recreation, research, heritage tourism promotion, or orderly community development. The Director<\/span> shall make grant award recommendations to the Board<\/span> for approval by the Board<\/span>. The Director<\/span> shall incorporate the ConserveVirginia program, established pursuant to § 10.1-104.6:1<\/a>, into grant award recommendations to the Board<\/span>, when appropriate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA BLACK, INDIGENOUS, AND PEOPLE OF COLOR HISTORIC PRESERVATION FUND;\nESTABLISHED (\u00a7 10.1-2202.5)\n\nA. As used in this section:\n\t\t\t“Eligible costs” means acquisition of real property and any\nimprovements thereon; acquisition of a permanent protective interest in real\nproperty such as a perpetual preservation easement; costs associated with the\nacquisition of real property or interests thereof, such as appraisals,\nenvironmental reports, surveys, title searches, title insurance, and closing\ncosts; costs of registering property with the Virginia Landmarks Register and\nthe National Register of Historic Places, including survey and consultation fees\nand other related costs; and costs associated with the material rehabilitation\nor stabilization of real property.\n\t\t\t“Fund” means the Virginia Black, Indigenous, and People of Color\nHistoric Preservation Fund.\n\t\t\t“Organization” means a private nonprofit organization.\n\nB. There is hereby created in the state treasury a special nonreverting fund to\nbe known as the Virginia Black, Indigenous, and People of Color Historic\nPreservation Fund. The Fund shall be established on the books of the\nComptroller. All funds appropriated for such purpose, any funds from the federal\ngovernment, and any gifts, donations, grants, bequests, and other funds received\non its behalf shall be paid into the state treasury and credited to the Fund.\nInterest earned on moneys in the Fund shall remain in the Fund and be credited\nto it. Any moneys remaining in the Fund, including interest thereon, at the end\nof each fiscal year shall not revert to the general fund but shall remain in the\nFund. Moneys in the Fund shall be used solely for the purposes set forth in this\nsection. Expenditures and disbursements from the Fund shall be made by the State\nTreasurer on warrants issued by the Comptroller upon written request signed by\nthe Director.\n\nC. Moneys in the Fund shall be used solely for grants to any eligible\nstate-recognized or federally recognized Indian tribe, private nonprofit\norganization, or locality for eligible costs related to the purchase of a fee\nsimple or protective interest in real property; rehabilitation or stabilization\nof real property; or data recovery of any cultural or historical property\nassociated with Black, indigenous, or people of color communities and listed in\nthe Virginia Landmarks Register, the National Register of Historic Places,\ndesignated as a National Historic Landmark, or determined eligible for such\nlisting. Matching funds may be required for grants from the Fund.\n\nD. Grants awarded from the Fund for the acquisition of real property by fee\nsimple purchase or by purchase of protective interests shall not exceed 50\npercent of the appraised value of the land or permanent protective interest.\n\nE. Grants from the Fund may be awarded for a prospective purchase or for\nacquisitions upon which the applicant has already completed the transaction. If\nthe transaction has been completed at the time of the application for the grant,\nthe applicant shall demonstrate that (i) the transaction was completed no more\nthan 12 months prior to the date of the application for the grant and (ii) an\nidentifiable threat to the resource or compelling need for preservation existed\nat the time of the purchase.\n\nF. Any state-recognized or federally recognized Indian tribe, organization, or\nlocality receiving a grant from the Fund shall grant the Board or other holder a\nperpetual easement pursuant to the Open-Space Land Act (§ 10.1-1700 et\nseq.) for the purpose of preserving real property that is important for its\nhistorical, architectural, or archaeological aspects, replacing restrictions on\nthe use or development of the land. If the easement is granted to a holder other\nthan the Board, all terms and conditions of the easement shall be reviewed by\nthe Department to ensure that the easement accomplishes the perpetual\npreservation of the property. Such other holder shall demonstrate to the\nDepartment that it has the capacity and expertise to manage and enforce the\nterms of the easement.\n\nG. The Director shall administer and manage the Fund and shall establish\nguidelines for applications, evaluations, and recommendations to the Board for\nthe award of grants from the Fund. In awarding grants, the Board shall give\nprimary consideration to the significance of the real property and the threat to\nand integrity of features associated with such property. The Board shall also\nconsider the applicant’s financial need, the ability of an applicant to\nprovide matching funds, and the financial and administrative capacity of the\napplicant to complete the project and maintain and manage the property in a\nmanner that is consistent with public investment and public interest, such as\neducation, recreation, research, heritage tourism promotion, or orderly\ncommunity development. The Director shall make grant award recommendations to\nthe Board for approval by the Board. The Director shall incorporate the\nConserveVirginia program, established pursuant to § 10.1-104.6:1, into\ngrant award recommendations to the Board, when appropriate.\n\nHISTORY: 2022, cc. 185, 186.","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}}