                                 CODE OF VIRGINIA

DISBURSEMENT OF FUNDS APPROPRIATED FOR CARING FOR HISTORICAL AFRICAN AMERICAN
CEMETERIES AND GRAVES (§ 10.1-2211.2)

A. For purposes of this section:
			&#8220;Fund&#8221; means the Historical African American Cemeteries and
Graves Fund created pursuant to &#xA7; 10.1-2211.3.
			&#8220;Historical African American cemetery&#8221; means a cemetery that was
established prior to January 1, 1948, for interments of African Americans.
			&#8220;Qualified organization&#8221; means a charitable corporation,
charitable association, or charitable trust that has been granted tax-exempt
status under &#xA7; 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. 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.

C. 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&#8217;s cultural resources database. Funds disbursed under this
subsection shall be disbursed at the rate set forth in subsection B.

D. 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&#8217;s cultural resources database and the erection of and caring
for markers, memorials, and monuments to the memory of such African Americans.

E. 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.

F. 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&#8217;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. 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.

H. The owner of a historical African American cemetery shall reasonably
cooperate with a qualified organization that receives funds pursuant to
subsection B or C.

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.