HOUSE BILL NO. 1213
Offered January 13, 2010
A BILL to amend and reenact §§ 10.1-2208 and 10.1-2213 of the
Code of Virginia, relating to the Department of Historic Resources; historic
Referred to Committee on Agriculture, Chesapeake and Natural Resources
Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-2208 and 10.1-2213 of the Code of
Virginia are amended and reenacted as follows:
§ 10.1-2208. Supervision of expenditure of appropriations made
to localities and private organizations.
The Director shall oversee the expenditure of state
appropriations made available to
whether private or municipalorganizations,
whether localities or private entities,
for purposes related to the historical collections, historic landmarks, and
historic sites of Virginia, to assure that such purposes are consistent with
the statewide plan for historic preservation as established by the Director.
The Director shall establish and require adherence to sound professional
standards of historical, architectural and archaeological research in the
planning, preservation, restoration, interpretation and display of such
collections, landmarks, and sites.
§ 10.1-2213. Procedure for appropriation of state funds for
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
societies, museums, foundations, associations, or local governmentsorganizations, whether localities or private
entities, as set forth in the general appropriations act
for: (i) the maintenance of
collections and exhibits or for; (ii) the maintenance,
operation, and interpretation of historic sites
and facilities owned or operated by
organizations; or (iii)
operational and educational activities pursuant to subsection C
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
JulyOctober 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 Appropriations and Senate Finance
Committees. The review shall examine the merits of each request, including data
showing the percentage of nonstate 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 owned by historical
organizations. Such applications shall be governed by the
procedures identified in § 2.2-1505.
2. Such organization shall certify to the satisfaction of the
Department that matching funds
from 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.
SuchAny private organization shall
provide documentation of its tax exempt status under § 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
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 (§ 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,
or 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
restoration, or reconstruction of any historic site as set forth in § 2.2-1505
1. 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;
foundation, or associationorganization
owning and operating
such property entersenter 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 , renovation, or reconstruction of the project for which state funds are received;
3. The organization submits 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 and
operating the property grants to the Commonwealth a
perpetual easement placing restrictions on
use alterations to, or
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 §§ 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
and, 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.
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