{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2211.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2211.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2211.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2211.2.html"}],"law_id":71899,"edition_id":1,"section_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","history":"2017, c. 270; 2018, cc. 428, 433, 434, 614, 818; 2019, cc. 184, 251, 252, 257, 260, 268; 2020, cc. 82, 83, 455, 456; 2022, cc. 187, 450, 540, 541; 2023, cc. 95, 96.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Fund” means the Historical African American Cemeteries and Graves Fund created pursuant to § 10.1-2211.3.\n\t\t\t“Historical African American cemetery” means a cemetery that was established prior to January 1, 1948, for interments of African Americans.\n\t\t\t“Qualified organization” means a charitable corporation, charitable association, or charitable trust that has been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and whose primary purpose is the preservation of historical cemeteries and graves, any person or locality that owns a historical African American cemetery, or any locality whose purpose for applying for funding pursuant to this section is to maintain a neglected historical African American cemetery, or a portion thereof, that is located within its jurisdictional bounds.B\n\nAt the direction of the Director, the Comptroller of the Commonwealth shall draw an annual warrant upon the State Treasurer from any sum that may be provided to the Department in the general appropriation act for the purpose of maintaining qualifying cemeteries and graves pursuant to this section. Any representative of a qualified organization desiring to receive funding from such appropriation for the maintenance of qualifying cemeteries and graves pursuant to this section shall submit an application to the Department on or before May 30 each year. Such appropriations shall be allocated on the bases of both (i) the number of graves, monuments, and markers in a cemetery of African Americans who were alive prior to January 1, 1900, regardless of the date of interment, and (ii) the number of graves, monuments, and markers in a cemetery of African Americans who were born on or after January 1, 1900, and interred in such cemetery prior to January 1, 1948, the dates to be determined by reference to grave markers or, at the discretion of the Director, other historical records. Such number of graves, monuments, and markers, as documented by the qualified organization, shall be multiplied by the rate of $5 or the average actual cost of routine maintenance of a grave, monument, or marker, whichever is greater, to determine the amount of the allocation. The Department shall determine the average actual cost of routine maintenance of a grave, monument, or marker in a biennial survey of at least four properly maintained cemeteries, each located in a different geographical region of the Commonwealth. The Director shall deposit any appropriated funds that are not disbursed during the same fiscal year into the Fund.C\n\nIn addition to any sum provided to a qualified organization as set forth in subsection B, the Director may disburse funds to any qualified organization to fund maintenance and care of additional historical African American graves in the Commonwealth that have been certified by the Department and documented in the Department’s cultural resources database. Funds disbursed under this subsection shall be disbursed at the rate set forth in subsection B.D\n\nA qualified organization receiving funds shall expend the funds for the routine maintenance of its historical African American cemetery, associated graves, and graves certified by the Department and documented in the Department’s cultural resources database and the erection of and caring for markers, memorials, and monuments to the memory of such African Americans.E\n\nEach qualified organization, through its proper officer, shall after July 1 of each year submit to the Director a certified statement that the funds appropriated to the organization during the preceding fiscal year were or will be expended for the purposes set forth in subsection D. No organization that fails to comply with any of the requirements of this section shall receive moneys allocated under this section for any subsequent fiscal year until the organization fully complies with the requirements.F\n\nIn addition to funds that may be provided pursuant to subsection B or C, any organization that receives funds pursuant to subsection B or C may apply to the Director for a grant to perform extraordinary maintenance, renovation, repair, or reconstruction of any of its historical African American cemeteries and graves. However, a locality that is eligible for funding pursuant to subsection B or C may apply to the Director for such a grant without having received funding pursuant to subsection B or C. A locality’s application for the grant shall not preclude another qualified organization from applying for funding pursuant to subsection B or C for the same cemetery or grave. A grant made pursuant to this subsection shall be made from any appropriation made available by the General Assembly for such purpose or from the Fund.G\n\nAny locality may receive and hold funds drawn pursuant to subsection B or C on behalf of any qualified organization until such time as the organization is able to receive or utilize such funds. No local matching funds shall be required for any grants made pursuant to this section.H\n\nThe owner of a historical African American cemetery shall reasonably cooperate with a qualified organization that receives funds pursuant to subsection B or C.","order_by":null,"text":{"0":{"id":259049,"text":"For purposes of this section:\n\t\t\t“Fund” means the Historical African American Cemeteries and Graves Fund created pursuant to § 10.1-2211.3.\n\t\t\t“Historical African American cemetery” means a cemetery that was established prior to January 1, 1948, for interments of African Americans.\n\t\t\t“Qualified organization” means a charitable corporation, charitable association, or charitable trust that has been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and whose primary purpose is the preservation of historical cemeteries and graves, any person or locality that owns a historical African American cemetery, or any locality whose purpose for applying for funding pursuant to this section is to maintain a neglected historical African American cemetery, or a portion thereof, that is located within its jurisdictional bounds.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259050,"text":"At the direction of the Director, the Comptroller of the Commonwealth shall draw an annual warrant upon the State Treasurer from any sum that may be provided to the Department in the general appropriation act for the purpose of maintaining qualifying cemeteries and graves pursuant to this section. Any representative of a qualified organization desiring to receive funding from such appropriation for the maintenance of qualifying cemeteries and graves pursuant to this section shall submit an application to the Department on or before May 30 each year. Such appropriations shall be allocated on the bases of both (i) the number of graves, monuments, and markers in a cemetery of African Americans who were alive prior to January 1, 1900, regardless of the date of interment, and (ii) the number of graves, monuments, and markers in a cemetery of African Americans who were born on or after January 1, 1900, and interred in such cemetery prior to January 1, 1948, the dates to be determined by reference to grave markers or, at the discretion of the Director, other historical records. Such number of graves, monuments, and markers, as documented by the qualified organization, shall be multiplied by the rate of $5 or the average actual cost of routine maintenance of a grave, monument, or marker, whichever is greater, to determine the amount of the allocation. The Department shall determine the average actual cost of routine maintenance of a grave, monument, or marker in a biennial survey of at least four properly maintained cemeteries, each located in a different geographical region of the Commonwealth. The Director shall deposit any appropriated funds that are not disbursed during the same fiscal year into the Fund.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259051,"text":"In addition to any sum provided to a qualified organization as set forth in subsection B, the Director may disburse funds to any qualified organization to fund maintenance and care of additional historical African American graves in the Commonwealth that have been certified by the Department and documented in the Department’s cultural resources database. Funds disbursed under this subsection shall be disbursed at the rate set forth in subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":259052,"text":"A qualified organization receiving funds shall expend the funds for the routine maintenance of its historical African American cemetery, associated graves, and graves certified by the Department and documented in the Department’s cultural resources database and the erection of and caring for markers, memorials, and monuments to the memory of such African Americans.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":259053,"text":"Each qualified organization, through its proper officer, shall after July 1 of each year submit to the Director a certified statement that the funds appropriated to the organization during the preceding fiscal year were or will be expended for the purposes set forth in subsection D. No organization that fails to comply with any of the requirements of this section shall receive moneys allocated under this section for any subsequent fiscal year until the organization fully complies with the requirements.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":259054,"text":"In addition to funds that may be provided pursuant to subsection B or C, any organization that receives funds pursuant to subsection B or C may apply to the Director for a grant to perform extraordinary maintenance, renovation, repair, or reconstruction of any of its historical African American cemeteries and graves. However, a locality that is eligible for funding pursuant to subsection B or C may apply to the Director for such a grant without having received funding pursuant to subsection B or C. A locality’s application for the grant shall not preclude another qualified organization from applying for funding pursuant to subsection B or C for the same cemetery or grave. A grant made pursuant to this subsection shall be made from any appropriation made available by the General Assembly for such purpose or from the Fund.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":259055,"text":"Any locality may receive and hold funds drawn pursuant to subsection B or C on behalf of any qualified organization until such time as the organization is able to receive or utilize such funds. No local matching funds shall be required for any grants made pursuant to this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":259056,"text":"The owner of a historical African American cemetery shall reasonably cooperate with a qualified organization that receives funds pursuant to subsection B or C.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2211.2\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapter 270<\/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 5 times. 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. Those modifications are as follows: in 2018, chapters 428<\/a>, 433<\/a>, 434<\/a>, 614<\/a>, and 818<\/a>; in 2019, chapters 184<\/a>, 251<\/a>, 252<\/a>, 257<\/a>, 260<\/a>, and 268<\/a>; in 2020, chapters 82<\/a>, 83<\/a>, 455<\/a>, and 456<\/a>; in 2022, chapters 187<\/a>, 450<\/a>, 540<\/a>, and 541<\/a>; in 2023, chapters 95<\/a> and 96<\/a>.<\/p>","references":[{"id":59849,"section_number":"10.1-2211.3","catch_line":"Historical African American Cemeteries and Graves Fund","order_by":null,"url":"\/10.1-2211.3\/"},{"id":68134,"section_number":"2.2-1505","catch_line":"Estimates by nonstate agencies of amounts needed","order_by":null,"url":"\/2.2-1505\/"}],"refers_to":[{"id":59849,"section_number":"10.1-2211.3","catch_line":"Historical African American Cemeteries and Graves Fund","order_by":null,"url":"\/10.1-2211.3\/"}],"permalink":{"id":147009,"object_type":"law","relational_id":71899,"identifier":"10.1-2211.2","token":"10.1\/III\/22\/1\/10.1-2211.2","url":"\/10.1-2211.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2211.2\/","token":"10.1\/III\/22\/1\/10.1-2211.2","dublin_core":{"Title":"Disbursement of funds appropriated for caring for historical African American cemeteries and graves","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2211.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Fund<\/span>” means the Historical African American Cemeteries and Graves Fund<\/span> created pursuant to § 10.1-2211.3<\/a>.\n\t\t\t“Historical African American cemetery<\/span>” means a cemetery that was established prior to January 1, 1948, for interments of African Americans.\n\t\t\t“Qualified organization<\/span>” means a charitable corporation, charitable association, or charitable trust that has been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and whose primary purpose is the preservation of historical cemeteries and graves, any person or locality that owns a historical African American cemetery<\/span>, or any locality whose purpose for applying for funding pursuant to this section is to maintain a neglected historical African American cemetery<\/span>, or a portion thereof, that is located within its jurisdictional bounds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the direction of the Director<\/span>, the Comptroller of the Commonwealth shall draw an annual warrant upon the State Treasurer from any sum that may be provided to the Department<\/span> in the general appropriation act for the purpose of maintaining qualifying cemeteries and graves pursuant to this section. Any representative of a qualified organization<\/span> desiring to receive funding from such appropriation for the maintenance of qualifying cemeteries and graves pursuant to this section shall submit an application to the Department<\/span> on or before May 30 each year. Such appropriations shall be allocated on the bases of both (i) the number of graves, monuments, and markers in a cemetery of African Americans who were alive prior to January 1, 1900, regardless of the date of interment, and (ii) the number of graves, monuments, and markers in a cemetery of African Americans who were born on or after January 1, 1900, and interred in such cemetery prior to January 1, 1948, the dates to be determined by reference to grave markers or, at the discretion of the Director<\/span>, other historical records. Such number of graves, monuments, and markers, as documented by the qualified organization<\/span>, shall be multiplied by the rate of $5 or the average actual cost of routine maintenance of a grave, monument, or marker, whichever is greater, to determine the amount of the allocation. The Department<\/span> shall determine the average actual cost of routine maintenance of a grave, monument, or marker in a biennial survey of at least four properly maintained cemeteries, each located in a different geographical region of the Commonwealth. The Director<\/span> shall deposit any appropriated funds<\/span> that are not disbursed during the same fiscal year into the Fund<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In addition to any sum provided to a qualified organization<\/span> as set forth in subsection B, the Director<\/span> may disburse funds<\/span> to any qualified organization<\/span> to fund<\/span> maintenance and care of additional historical African American graves in the Commonwealth that have been certified by the Department<\/span> and documented in the Department<\/span>’s cultural resources database. Funds<\/span> disbursed under this subsection shall be disbursed at the rate set forth in subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A qualified organization<\/span> receiving funds<\/span> shall expend the funds<\/span> for the routine maintenance of its historical African American cemetery<\/span>, associated graves, and graves certified by the Department<\/span> and documented in the Department<\/span>’s cultural resources database and the erection of and caring for markers, memorials, and monuments to the memory of such African Americans. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Each qualified organization<\/span>, through its proper officer, shall after July 1 of each year submit to the Director<\/span> a certified statement that the funds<\/span> appropriated to the organization during the preceding fiscal year were or will be expended for the purposes set forth in subsection D. No organization that fails to comply with any of the requirements of this section shall receive moneys allocated under this section for any subsequent fiscal year until the organization fully complies with the requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In addition to funds<\/span> that may be provided pursuant to subsection B or C, any organization that receives funds<\/span> pursuant to subsection B or C may apply to the Director<\/span> for a grant to perform extraordinary maintenance, renovation, repair, or reconstruction of any of its historical African American cemeteries and graves. However, a locality that is eligible for funding pursuant to subsection B or C may apply to the Director<\/span> for such a grant without having received funding pursuant to subsection B or C. A locality’s application for the grant shall not preclude another qualified organization<\/span> from applying for funding pursuant to subsection B or C for the same cemetery or grave. A grant made pursuant to this subsection shall be made from any appropriation made available by the General Assembly for such purpose or from the Fund<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any locality may receive and hold funds<\/span> drawn pursuant to subsection B or C on behalf of any qualified organization<\/span> until such time as the organization is able to receive or utilize such funds<\/span>. No local matching funds<\/span> shall be required for any grants made pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The owner of a historical African American cemetery<\/span> shall reasonably cooperate with a qualified organization<\/span> that receives funds<\/span> pursuant to subsection B or C. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISBURSEMENT OF FUNDS APPROPRIATED FOR CARING FOR HISTORICAL AFRICAN AMERICAN\nCEMETERIES AND GRAVES (\u00a7 10.1-2211.2)\n\nA. For purposes of this section:\n\t\t\t“Fund” means the Historical African American Cemeteries and\nGraves Fund created pursuant to § 10.1-2211.3.\n\t\t\t“Historical African American cemetery” means a cemetery that was\nestablished prior to January 1, 1948, for interments of African Americans.\n\t\t\t“Qualified organization” means a charitable corporation,\ncharitable association, or charitable trust that has been granted tax-exempt\nstatus under § 501(c)(3) of the Internal Revenue Code and whose primary\npurpose is the preservation of historical cemeteries and graves, any person or\nlocality that owns a historical African American cemetery, or any locality whose\npurpose for applying for funding pursuant to this section is to maintain a\nneglected historical African American cemetery, or a portion thereof, that is\nlocated within its jurisdictional bounds.\n\nB. At the direction of the Director, the Comptroller of the Commonwealth shall\ndraw an annual warrant upon the State Treasurer from any sum that may be\nprovided to the Department in the general appropriation act for the purpose of\nmaintaining qualifying cemeteries and graves pursuant to this section. Any\nrepresentative of a qualified organization desiring to receive funding from such\nappropriation for the maintenance of qualifying cemeteries and graves pursuant\nto this section shall submit an application to the Department on or before May\n30 each year. Such appropriations shall be allocated on the bases of both (i)\nthe number of graves, monuments, and markers in a cemetery of African Americans\nwho were alive prior to January 1, 1900, regardless of the date of interment,\nand (ii) the number of graves, monuments, and markers in a cemetery of African\nAmericans who were born on or after January 1, 1900, and interred in such\ncemetery prior to January 1, 1948, the dates to be determined by reference to\ngrave markers or, at the discretion of the Director, other historical records.\nSuch number of graves, monuments, and markers, as documented by the qualified\norganization, shall be multiplied by the rate of $5 or the average actual cost\nof routine maintenance of a grave, monument, or marker, whichever is greater, to\ndetermine the amount of the allocation. The Department shall determine the\naverage actual cost of routine maintenance of a grave, monument, or marker in a\nbiennial survey of at least four properly maintained cemeteries, each located in\na different geographical region of the Commonwealth. The Director shall deposit\nany appropriated funds that are not disbursed during the same fiscal year into\nthe Fund.\n\nC. In addition to any sum provided to a qualified organization as set forth in\nsubsection B, the Director may disburse funds to any qualified organization to\nfund maintenance and care of additional historical African American graves in\nthe Commonwealth that have been certified by the Department and documented in\nthe Department’s cultural resources database. Funds disbursed under this\nsubsection shall be disbursed at the rate set forth in subsection B.\n\nD. A qualified organization receiving funds shall expend the funds for the\nroutine maintenance of its historical African American cemetery, associated\ngraves, and graves certified by the Department and documented in the\nDepartment’s cultural resources database and the erection of and caring\nfor markers, memorials, and monuments to the memory of such African Americans.\n\nE. Each qualified organization, through its proper officer, shall after July 1\nof each year submit to the Director a certified statement that the funds\nappropriated to the organization during the preceding fiscal year were or will\nbe expended for the purposes set forth in subsection D. No organization that\nfails to comply with any of the requirements of this section shall receive\nmoneys allocated under this section for any subsequent fiscal year until the\norganization fully complies with the requirements.\n\nF. In addition to funds that may be provided pursuant to subsection B or C, any\norganization that receives funds pursuant to subsection B or C may apply to the\nDirector for a grant to perform extraordinary maintenance, renovation, repair,\nor reconstruction of any of its historical African American cemeteries and\ngraves. However, a locality that is eligible for funding pursuant to subsection\nB or C may apply to the Director for such a grant without having received\nfunding pursuant to subsection B or C. A locality’s application for the\ngrant shall not preclude another qualified organization from applying for\nfunding pursuant to subsection B or C for the same cemetery or grave. A grant\nmade pursuant to this subsection shall be made from any appropriation made\navailable by the General Assembly for such purpose or from the Fund.\n\nG. Any locality may receive and hold funds drawn pursuant to subsection B or C\non behalf of any qualified organization until such time as the organization is\nable to receive or utilize such funds. No local matching funds shall be required\nfor any grants made pursuant to this section.\n\nH. The owner of a historical African American cemetery shall reasonably\ncooperate with a qualified organization that receives funds pursuant to\nsubsection B or C.\n\nHISTORY: 2017, c. 270; 2018, cc. 428, 433, 434, 614, 818; 2019, cc. 184, 251,\n252, 257, 260, 268; 2020, cc. 82, 83, 455, 456; 2022, cc. 187, 450, 540, 541;\n2023, cc. 95, 96.","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}}