{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2213.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2213.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2213.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2213.html"}],"law_id":59202,"edition_id":1,"section_id":59202,"structure_id":13563,"section_number":"10.1-2213","catch_line":"Procedure for appropriation of state funds for historic preservation","history":"1981, c. 537, \u00a7 10-145.13; 1987, c. 481; 1988, c. 891, \u00a7 10.1-814; 1989, cc. 656, 711; 1992, cc. 138, 426; 1999, cc. 900, 906; 2005, c. 86; 2010, c. 291.","full_text":"A\n\nNo state funds, other than for the maintenance and operation of those facilities specified in \u00a7 10.1-2211 or 10.1-2212 and for the purchase of property for preservation of historical resources by the Virginia Land Conservation Foundation as provided in Chapter 10.2 (\u00a7 10.1-1017 et seq.) of this title, shall be appropriated or expended for or to organizations, whether localities or private entities, as set forth in the general appropriations act for: (i) the maintenance of collections and exhibits; (ii) the maintenance, operation, and interpretation of historic sites and facilities owned or operated by such organizations; or (iii) operational and educational activities pursuant to subsection C unless:1\n\nA request and completed application for state aid is filed by the organization with the Department, on forms prescribed by the Department, on or before October 1 prior to each regular session of the General Assembly in an even-numbered year. Requests shall be considered by the Governor and the General Assembly only in even-numbered years. The Department shall review each application made by an organization for state aid prior to consideration by the General Assembly. The Department shall provide a timely review of any amendments proposed by members of the General Assembly to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. The review shall examine the merits of each request, including data showing the percentage of federal, local, or private funds raised by the organization for the proposed project. The review and analysis provided by the Department shall be strictly advisory. The Department shall forward to the Department of Planning and Budget any application that is not for the maintenance of collections and exhibits or for the maintenance, operation, and interpretation of historic sites and facilities. Such applications shall be governed by the procedures identified in § 2.2-1505.2\n\nAny such private organization shall certify to the satisfaction of the Department that matching funds from federal, local, or private sources are available in an amount at least equal to the amount of the request in cash or in kind contributions which are deemed acceptable to the Department. These matching funds must be concurrent with the project for which the state grant is requested. Contributions received and spent prior to the state grant shall not be considered in satisfying the requirements of this subdivision.3\n\nAny such private organization shall provide documentation of its tax exempt status under § 501(c)(3) of the United States Internal Revenue Code.4\n\nSuch organization shall certify that the applicant has read and acknowledged all information and requirements regarding how the grants will be administered and how funds will be disbursed.5\n\nSuch organization shall state in its application the purpose of the grant. The grant recipient must justify and request in writing approval by the Department for changes in the scope of the project prior to implementing those changes. If grant funds are used for something other than the purpose for which they were requested without prior review and approval by the Department, then all state funds must be returned.6\n\nSuch organization shall submit documentation on match funding and approved expenditures shall be submitted with all requests for disbursement.7\n\nSuch organization shall provide progress reports as prescribed by the Department. At a minimum such reports shall be submitted with reimbursement requests and a final report at the conclusion of the project.8\n\nSuch organization receiving the state grant shall comply with applicable state procurement requirements pursuant to the Virginia Public Procurement Act (§ 2.2-4300 et seq.).9\n\nIn the case of new construction or ground disturbing activities funded by state grants, the organization shall afford the Department an opportunity to review the potential impact on any historic resources. Such review shall be provided by the Department within 15 days of receipt of completed information.10\n\nFor all state grants for capital projects, whether for new construction, rehabilitation, restoration, or reconstruction, funds shall be disbursed only as reimbursement for approved activities.\n\t\t\t\tFor the purposes of this section, no grant shall be approved for private institutions of higher education or religious organizations.B\n\nIn addition to the requirements of subsection A of this section, no state funds other than for those facilities specified in \u00a7 10.1-2211 or 10.1-2212 shall be appropriated or expended for the rehabilitation, restoration, or reconstruction of any historic site unless:1\n\nThe property is designated as a historic landmark by the Board and is located on the register prepared by the Department pursuant to § 10.1-2202 or has been declared eligible by the Board for such designation but has not actually been placed on the register of buildings and sites provided for in § 10.1-2202;2\n\nThe organization owning such property and any organization managing such property, if different from the owner, enter into an agreement with the Department that the property will be open to the public for at least 100 days per year for no less than five years following completion of the project for which state funds are received;3\n\nThe organization owning the property and any organization managing the project, if different from the owner, submit the plans and specifications of the project to the Department for review and approval to ensure that the project meets generally accepted standards for historic preservation; and4\n\nThe organization owning the property grants to the Commonwealth a perpetual easement placing restrictions on alterations to, or development of, the property satisfactory to the Board, if the organization has received $50,000 or more within a four-year period pursuant to this section. The easement shall be for the purpose of preserving those features of the property which led to its designation as a historic landmark.\n\t\t\t\tNothing contained in this subsection shall prohibit any organization from charging a reasonable admission fee during the five-year period required in subdivision 2 herein if the fee is comparable to fees charged at similar facilities in the area.C\n\nThe Department shall be responsible for the administration of this section and §§ 10.1-2211 and 10.1-2212 and the disbursement of all funds appropriated thereto.\n\t\t\tState funds appropriated for the operation of historical societies, museums, foundations, associations, or other such organizations shall be expended for historical facilities, reenactments, meetings, conferences, tours, seminars, or other general operating expenses as may be specified in the general appropriations act. Funds appropriated for these purposes shall be distributed annually to the treasurers of any such organizations. The appropriations act shall clearly designate that all such funds are to be used for the operating expenses of such organization.","order_by":null,"text":{"0":{"id":217010,"text":"No state funds, other than for the maintenance and operation of those facilities specified in \u00a7 10.1-2211 or 10.1-2212 and for the purchase of property for preservation of historical resources by the Virginia Land Conservation Foundation as provided in Chapter 10.2 (\u00a7 10.1-1017 et seq.) of this title, shall be appropriated or expended for or to organizations, whether localities or private entities, as set forth in the general appropriations act for: (i) the maintenance of collections and exhibits; (ii) the maintenance, operation, and interpretation of historic sites and facilities owned or operated by such organizations; or (iii) operational and educational activities pursuant to subsection C unless:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":217011,"text":"A request and completed application for state aid is filed by the organization with the Department, on forms prescribed by the Department, on or before October 1 prior to each regular session of the General Assembly in an even-numbered year. Requests shall be considered by the Governor and the General Assembly only in even-numbered years. The Department shall review each application made by an organization for state aid prior to consideration by the General Assembly. The Department shall provide a timely review of any amendments proposed by members of the General Assembly to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. The review shall examine the merits of each request, including data showing the percentage of federal, local, or private funds raised by the organization for the proposed project. The review and analysis provided by the Department shall be strictly advisory. The Department shall forward to the Department of Planning and Budget any application that is not for the maintenance of collections and exhibits or for the maintenance, operation, and interpretation of historic sites and facilities. Such applications shall be governed by the procedures identified in § 2.2-1505.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":217012,"text":"Any such private organization shall certify to the satisfaction of the Department that matching funds from federal, local, or private sources are available in an amount at least equal to the amount of the request in cash or in kind contributions which are deemed acceptable to the Department. These matching funds must be concurrent with the project for which the state grant is requested. Contributions received and spent prior to the state grant shall not be considered in satisfying the requirements of this subdivision.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":217013,"text":"Any such private organization shall provide documentation of its tax exempt status under § 501(c)(3) of the United States Internal Revenue Code.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":217014,"text":"Such organization shall certify that the applicant has read and acknowledged all information and requirements regarding how the grants will be administered and how funds will be disbursed.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":217015,"text":"Such organization shall state in its application the purpose of the grant. The grant recipient must justify and request in writing approval by the Department for changes in the scope of the project prior to implementing those changes. If grant funds are used for something other than the purpose for which they were requested without prior review and approval by the Department, then all state funds must be returned.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":217016,"text":"Such organization shall submit documentation on match funding and approved expenditures shall be submitted with all requests for disbursement.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":217017,"text":"Such organization shall provide progress reports as prescribed by the Department. At a minimum such reports shall be submitted with reimbursement requests and a final report at the conclusion of the project.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":217018,"text":"Such organization receiving the state grant shall comply with applicable state procurement requirements pursuant to the Virginia Public Procurement Act (§ 2.2-4300 et seq.).","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":217019,"text":"In the case of new construction or ground disturbing activities funded by state grants, the organization shall afford the Department an opportunity to review the potential impact on any historic resources. Such review shall be provided by the Department within 15 days of receipt of completed information.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":217020,"text":"For all state grants for capital projects, whether for new construction, rehabilitation, restoration, or reconstruction, funds shall be disbursed only as reimbursement for approved activities.\n\t\t\t\tFor the purposes of this section, no grant shall be approved for private institutions of higher education or religious organizations.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"B"},"11":{"id":217021,"text":"In addition to the requirements of subsection A of this section, no state funds other than for those facilities specified in \u00a7 10.1-2211 or 10.1-2212 shall be appropriated or expended for the rehabilitation, restoration, or reconstruction of any historic site unless:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A10","next_prefix":"B1"},"12":{"id":217022,"text":"The property is designated as a historic landmark by the Board and is located on the register prepared by the Department pursuant to § 10.1-2202 or has been declared eligible by the Board for such designation but has not actually been placed on the register of buildings and sites provided for in § 10.1-2202;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"13":{"id":217023,"text":"The organization owning such property and any organization managing such property, if different from the owner, enter into an agreement with the Department that the property will be open to the public for at least 100 days per year for no less than five years following completion of the project for which state funds are received;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"14":{"id":217024,"text":"The organization owning the property and any organization managing the project, if different from the owner, submit the plans and specifications of the project to the Department for review and approval to ensure that the project meets generally accepted standards for historic preservation; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"15":{"id":217025,"text":"The organization owning the property grants to the Commonwealth a perpetual easement placing restrictions on alterations to, or development of, the property satisfactory to the Board, if the organization has received $50,000 or more within a four-year period pursuant to this section. The easement shall be for the purpose of preserving those features of the property which led to its designation as a historic landmark.\n\t\t\t\tNothing contained in this subsection shall prohibit any organization from charging a reasonable admission fee during the five-year period required in subdivision 2 herein if the fee is comparable to fees charged at similar facilities in the area.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"16":{"id":217026,"text":"The Department shall be responsible for the administration of this section and §§ 10.1-2211 and 10.1-2212 and the disbursement of all funds appropriated thereto.\n\t\t\tState funds appropriated for the operation of historical societies, museums, foundations, associations, or other such organizations shall be expended for historical facilities, reenactments, meetings, conferences, tours, seminars, or other general operating expenses as may be specified in the general appropriations act. Funds appropriated for these purposes shall be distributed annually to the treasurers of any such organizations. The appropriations act shall clearly designate that all such funds are to be used for the operating expenses of such organization.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2213\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 537 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. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1987, chapter 481; in 1988, chapter 891; in 1989, chapters 656 and 711; in 1992, chapters 138 and 426; in 1999, chapters 900<\/a> and 906<\/a>; in 2005, chapter 86<\/a>; in 2010, chapter 291<\/a>.<\/p>","references":[{"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":80745,"section_number":"10.1-1017","catch_line":"Foundation created","order_by":null,"url":"\/10.1-1017\/"},{"id":65046,"section_number":"10.1-2202","catch_line":"Powers and duties of the Director","order_by":null,"url":"\/10.1-2202\/"},{"id":61851,"section_number":"10.1-2211","catch_line":"Disbursement of funds appropriated for caring for Confederate cemeteries and graves","order_by":null,"url":"\/10.1-2211\/"},{"id":83415,"section_number":"10.1-2212","catch_line":"Listing of certain historical societies receiving appropriations","order_by":null,"url":"\/10.1-2212\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"}],"permalink":{"id":147021,"object_type":"law","relational_id":59202,"identifier":"10.1-2213","token":"10.1\/III\/22\/1\/10.1-2213","url":"\/10.1-2213\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2213\/","token":"10.1\/III\/22\/1\/10.1-2213","dublin_core":{"Title":"Procedure for appropriation of state funds for historic preservation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2213","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No state funds, other than for the maintenance and operation of those facilities specified in \u00a7 10.1-2211<\/a> or 10.1-2212<\/a> and for the purchase of property for preservation of historical resources by the Virginia Land Conservation Foundation as provided in Chapter 10.2 (\u00a7 10.1-1017<\/a> et seq.) of this title, shall be appropriated or expended for or to organizations, whether localities or private entities, as set forth in the general appropriations act for: (i) the maintenance of collections and exhibits; (ii) the maintenance, operation, and interpretation of historic sites and facilities owned or operated by such organizations; or (iii) operational and educational activities pursuant to subsection C unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A request and completed application for state aid is filed by the organization with the Department<\/span>, on forms prescribed by the Department<\/span>, on or before October 1 prior to each regular session of the General Assembly in an even-numbered year. Requests shall be considered by the Governor and the General Assembly only in even-numbered years. The Department<\/span> shall review each application made by an organization for state aid prior to consideration by the General Assembly. The Department<\/span> shall provide a timely review of any amendments proposed by members of the General Assembly to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. The review shall examine the merits of each request, including data showing the percentage of federal, local, or private funds raised by the organization for the proposed project. The review and analysis provided by the Department<\/span> shall be strictly advisory. The Department<\/span> shall forward to the Department<\/span> of Planning and Budget any application that is not for the maintenance of collections and exhibits or for the maintenance, operation, and interpretation of historic sites and facilities. Such applications shall be governed by the procedures identified in § 2.2-1505<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any such private organization shall certify to the satisfaction of the Department<\/span> that matching funds from federal, local, or private sources are available in an amount at least equal to the amount of the request in cash or in kind contributions which are deemed acceptable to the Department<\/span>. These matching funds must be concurrent with the project for which the state grant is requested. Contributions received and spent prior to the state grant shall not be considered in satisfying the requirements of this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any such private organization shall provide documentation of its tax exempt status under § 501(c)(3) of the United States Internal Revenue Code. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Such organization shall certify that the applicant has read and acknowledged all information and requirements regarding how the grants will be administered and how funds will be disbursed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Such organization shall state in its application the purpose of the grant. The grant recipient must justify and request in writing approval by the Department<\/span> for changes in the scope of the project prior to implementing those changes. If grant funds are used for something other than the purpose for which they were requested without prior review and approval by the Department<\/span>, then all state funds must be returned. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Such organization shall submit documentation on match funding and approved expenditures shall be submitted with all requests for disbursement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Such organization shall provide progress reports as prescribed by the Department<\/span>. At a minimum such reports shall be submitted with reimbursement requests and a final report at the conclusion of the project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Such organization receiving the state grant shall comply with applicable state procurement requirements pursuant to the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> In the case of new construction or ground disturbing activities funded by state grants, the organization shall afford the Department<\/span> an opportunity to review the potential impact on any historic resources. Such review shall be provided by the Department<\/span> within 15 days of receipt of completed information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> For all state grants for capital projects, whether for new construction, rehabilitation, restoration, or reconstruction, funds shall be disbursed only as reimbursement for approved activities.\n\t\t\t\tFor the purposes of this section, no grant shall be approved for private institutions of higher education or religious organizations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to the requirements of subsection A of this section, no state funds other than for those facilities specified in \u00a7 10.1-2211<\/a> or 10.1-2212<\/a> shall be appropriated or expended for the rehabilitation, restoration, or reconstruction of any historic site unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The property is designated as a historic landmark by the Board<\/span> and is located on the register prepared by the Department<\/span> pursuant to § 10.1-2202<\/a> or has been declared eligible by the Board<\/span> for such designation but has not actually been placed on the register of buildings and sites provided for in § 10.1-2202<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The organization owning such property and any organization managing such property, if different from the owner, enter into an agreement with the Department<\/span> that the property will be open to the public for at least 100 days per year for no less than five years following completion of the project for which state funds are received; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The organization owning the property and any organization managing the project, if different from the owner, submit the plans and specifications of the project to the Department<\/span> for review and approval to ensure that the project meets generally accepted standards for historic preservation; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The organization owning the property grants to the Commonwealth a perpetual easement placing restrictions on alterations to, or development of, the property satisfactory to the Board<\/span>, if the organization has received $50,000 or more within a four-year period pursuant to this section. The easement shall be for the purpose of preserving those features of the property which led to its designation as a historic landmark.\n\t\t\t\tNothing contained in this subsection shall prohibit any organization from charging a reasonable admission fee during the five-year period required in subdivision 2 herein if the fee is comparable to fees charged at similar facilities in the area. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall be responsible for the administration of this section and §§ 10.1-2211<\/a> and 10.1-2212<\/a> and the disbursement of all funds appropriated thereto.\n\t\t\tState funds appropriated for the operation of historical societies, museums, foundations, associations, or other such organizations shall be expended for historical facilities, reenactments, meetings, conferences, tours, seminars, or other general operating expenses as may be specified in the general appropriations act. Funds appropriated for these purposes shall be distributed annually to the treasurers of any such organizations. The appropriations act shall clearly designate that all such funds are to be used for the operating expenses of such organization. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE FOR APPROPRIATION OF STATE FUNDS FOR HISTORIC PRESERVATION (\u00a7\n10.1-2213)\n\nA. No state funds, other than for the maintenance and operation of those\nfacilities specified in \u00a7 10.1-2211 or 10.1-2212 and for the purchase of\nproperty for preservation of historical resources by the Virginia Land\nConservation Foundation as provided in Chapter 10.2 (\u00a7 10.1-1017 et seq.) of\nthis title, shall be appropriated or expended for or to organizations, whether\nlocalities or private entities, as set forth in the general appropriations act\nfor: (i) the maintenance of collections and exhibits; (ii) the maintenance,\noperation, and interpretation of historic sites and facilities owned or operated\nby such organizations; or (iii) operational and educational activities pursuant\nto subsection C unless:\n\n 1. A request and completed application for state aid is filed by the\n organization with the Department, on forms prescribed by the Department, on or\n before October 1 prior to each regular session of the General Assembly in an\n even-numbered year. Requests shall be considered by the Governor and the\n General Assembly only in even-numbered years. The Department shall review each\n application made by an organization for state aid prior to consideration by\n the General Assembly. The Department shall provide a timely review of any\n amendments proposed by members of the General Assembly to the Chairmen of the\n House Committee on Appropriations and the Senate Committee on Finance and\n Appropriations. The review shall examine the merits of each request, including\n data showing the percentage of federal, local, or private funds raised by the\n organization for the proposed project. The review and analysis provided by the\n Department shall be strictly advisory. The Department shall forward to the\n Department of Planning and Budget any application that is not for the\n maintenance of collections and exhibits or for the maintenance, operation, and\n interpretation of historic sites and facilities. Such applications shall be\n governed by the procedures identified in § 2.2-1505.\n\n 2. Any such private organization shall certify to the satisfaction of the\n Department that matching funds from federal, local, or private sources are\n available in an amount at least equal to the amount of the request in cash or\n in kind contributions which are deemed acceptable to the Department. These\n matching funds must be concurrent with the project for which the state grant\n is requested. Contributions received and spent prior to the state grant shall\n not be considered in satisfying the requirements of this subdivision.\n\n 3. Any such private organization shall provide documentation of its tax exempt\n status under § 501(c)(3) of the United States Internal Revenue Code.\n\n 4. Such organization shall certify that the applicant has read and\n acknowledged all information and requirements regarding how the grants will be\n administered and how funds will be disbursed.\n\n 5. Such organization shall state in its application the purpose of the grant.\n The grant recipient must justify and request in writing approval by the\n Department for changes in the scope of the project prior to implementing those\n changes. If grant funds are used for something other than the purpose for\n which they were requested without prior review and approval by the Department,\n then all state funds must be returned.\n\n 6. Such organization shall submit documentation on match funding and approved\n expenditures shall be submitted with all requests for disbursement.\n\n 7. Such organization shall provide progress reports as prescribed by the\n Department. At a minimum such reports shall be submitted with reimbursement\n requests and a final report at the conclusion of the project.\n\n 8. Such organization receiving the state grant shall comply with applicable\n state procurement requirements pursuant to the Virginia Public Procurement Act\n (§ 2.2-4300 et seq.).\n\n 9. In the case of new construction or ground disturbing activities funded by\n state grants, the organization shall afford the Department an opportunity to\n review the potential impact on any historic resources. Such review shall be\n provided by the Department within 15 days of receipt of completed information.\n\n 10. For all state grants for capital projects, whether for new construction,\n rehabilitation, restoration, or reconstruction, funds shall be disbursed only\n as reimbursement for approved activities.\n \t\t\t\tFor the purposes of this section, no grant shall be approved for private\n institutions of higher education or religious organizations.\n\nB. In addition to the requirements of subsection A of this section, no state\nfunds other than for those facilities specified in \u00a7 10.1-2211 or 10.1-2212\nshall be appropriated or expended for the rehabilitation, restoration, or\nreconstruction of any historic site unless:\n\n 1. The property is designated as a historic landmark by the Board and is\n located on the register prepared by the Department pursuant to §\n 10.1-2202 or has been declared eligible by the Board for such designation but\n has not actually been placed on the register of buildings and sites provided\n for in § 10.1-2202;\n\n 2. The organization owning such property and any organization managing such\n property, if different from the owner, enter into an agreement with the\n Department that the property will be open to the public for at least 100 days\n per year for no less than five years following completion of the project for\n which state funds are received;\n\n 3. The organization owning the property and any organization managing the\n project, if different from the owner, submit the plans and specifications of\n the project to the Department for review and approval to ensure that the\n project meets generally accepted standards for historic preservation; and\n\n 4. The organization owning the property grants to the Commonwealth a perpetual\n easement placing restrictions on alterations to, or development of, the\n property satisfactory to the Board, if the organization has received $50,000\n or more within a four-year period pursuant to this section. The easement shall\n be for the purpose of preserving those features of the property which led to\n its designation as a historic landmark.\n \t\t\t\tNothing contained in this subsection shall prohibit any organization from\n charging a reasonable admission fee during the five-year period required in\n subdivision 2 herein if the fee is comparable to fees charged at similar\n facilities in the area.\n\nC. The Department shall be responsible for the administration of this section\nand §§ 10.1-2211 and 10.1-2212 and the disbursement of all funds\nappropriated thereto.\n\t\t\tState funds appropriated for the operation of historical societies, museums,\nfoundations, associations, or other such organizations shall be expended for\nhistorical facilities, reenactments, meetings, conferences, tours, seminars, or\nother general operating expenses as may be specified in the general\nappropriations act. Funds appropriated for these purposes shall be distributed\nannually to the treasurers of any such organizations. The appropriations act\nshall clearly designate that all such funds are to be used for the operating\nexpenses of such organization.\n\nHISTORY: 1981, c. 537, \u00a7 10-145.13; 1987, c. 481; 1988, c. 891, \u00a7 10.1-814;\n1989, cc. 656, 711; 1992, cc. 138, 426; 1999, cc. 900, 906; 2005, c. 86; 2010,\nc. 291.","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}}