                                 CODE OF VIRGINIA

PROCEDURE FOR APPROPRIATION OF STATE FUNDS FOR HISTORIC PRESERVATION (§
10.1-2213)

A. No state funds, other than for the maintenance and operation of those
facilities specified in § 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 (§ 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. 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 &#xA7; 2.2-1505.

   2. 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.

   3. Any such private organization shall provide documentation of its tax exempt
   status under &#xA7; 501(c)(3) of the United States Internal Revenue Code.

   4. 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.

   5. 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.

   6. Such organization shall submit documentation on match funding and approved
   expenditures shall be submitted with all requests for disbursement.

   7. 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.

   8. Such organization receiving the state grant shall comply with applicable
   state procurement requirements pursuant to the Virginia Public Procurement Act
   (&#xA7; 2.2-4300 et seq.).

   9. 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.

   10. 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.
   				For the purposes of this section, no grant shall be approved for private
   institutions of higher education or religious organizations.

B. In addition to the requirements of subsection A of this section, no state
funds other than for those facilities specified in § 10.1-2211 or 10.1-2212
shall be appropriated or expended for the rehabilitation, restoration, or
reconstruction of any historic site unless:

   1. The property is designated as a historic landmark by the Board and is
   located on the register prepared by the Department pursuant to &#xA7;
   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 &#xA7; 10.1-2202;

   2. 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;

   3. 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

   4. 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.
   				Nothing 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. The Department shall be responsible for the administration of this section
and &#xA7;&#xA7; 10.1-2211 and 10.1-2212 and the disbursement of all funds
appropriated thereto.
			State 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.

HISTORY: 1981, c. 537, § 10-145.13; 1987, c. 481; 1988, c. 891, § 10.1-814;
1989, cc. 656, 711; 1992, cc. 138, 426; 1999, cc. 900, 906; 2005, c. 86; 2010,
c. 291.