§ 10.1-2213. Procedure for appropriation of state funds for historicpreservation.
A. No state funds, other than for the maintenance and operation of thosefacilities specified in § 10.1-2211 or 10.1-2212 and for the purchase ofproperty for preservation of historical resources by the Virginia LandConservation Foundation as provided in Chapter 10.2 (§ 10.1-1017 et seq.) ofthis title, shall be appropriated or expended for or to organizations,whether localities or private entities, as set forth in the generalappropriations act for: (i) the maintenance of collections and exhibits; (ii)the maintenance, operation, and interpretation of historic sites andfacilities owned or operated by such organizations; or (iii) operational andeducational activities pursuant to subsection C unless:
1. A request and completed application for state aid is filed by theorganization with the Department, on forms prescribed by the Department, onor before October 1 prior to each regular session of the General Assembly inan even-numbered year. Requests shall be considered by the Governor and theGeneral Assembly only in even-numbered years. The Department shall revieweach application made by an organization for state aid prior to considerationby the General Assembly. The Department shall provide a timely review of anyamendments proposed by members of the General Assembly to the chairmen of theHouse Appropriations and Senate Finance Committees. The review shall examinethe 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 strictlyadvisory. The Department shall forward to the Department of Planning andBudget any application that is not for the maintenance of collections andexhibits or for the maintenance, operation, and interpretation of historicsites and facilities. Such applications shall be governed by the proceduresidentified in § 2.2-1505.
2. Any such private organization shall certify to the satisfaction of theDepartment that matching funds from federal, local, or private sources areavailable in an amount at least equal to the amount of the request in cash orin kind contributions which are deemed acceptable to the Department. Thesematching funds must be concurrent with the project for which the state grantis requested. Contributions received and spent prior to the state grant shallnot be considered in satisfying the requirements of this subdivision.
3. Any such private organization shall provide documentation of its taxexempt status under § 501(c) (3) of the United States Internal Revenue Code.
4. Such organization shall certify that the applicant has read andacknowledged all information and requirements regarding how the grants willbe 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 theDepartment for changes in the scope of the project prior to implementingthose changes. If grant funds are used for something other than the purposefor which they were requested without prior review and approval by theDepartment, then all state funds must be returned.
6. Such organization shall submit documentation on match funding and approvedexpenditures shall be submitted with all requests for disbursement.
7. Such organization shall provide progress reports as prescribed by theDepartment. At a minimum such reports shall be submitted with reimbursementrequests and a final report at the conclusion of the project.
8. Such organization receiving the state grant shall comply with applicablestate procurement requirements pursuant to the Virginia Public ProcurementAct (§ 2.2-4300 et seq.).
9. In the case of new construction or ground disturbing activities funded bystate grants, the organization shall afford the Department an opportunity toreview the potential impact on any historic resources. Such review shall beprovided 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 onlyas reimbursement for approved activities.
For the purposes of this section, no grant shall be approved for privateinstitutions of higher education or religious organizations.
B. In addition to the requirements of subsection A of this section, no statefunds other than for those facilities specified in § 10.1-2211 or 10.1-2212shall be appropriated or expended for the rehabilitation, restoration, orreconstruction of any historic site unless:
1. The property is designated as a historic landmark by the Board and islocated on the register prepared by the Department pursuant to § 10.1-2202 orhas been declared eligible by the Board for such designation but has notactually been placed on the register of buildings and sites provided for in §10.1-2202;
2. The organization owning such property and any organization managing suchproperty, if different from the owner, enter into an agreement with theDepartment that the property will be open to the public for at least 100 daysper year for no less than five years following completion of the project forwhich state funds are received;
3. The organization owning the property and any organization managing theproject, if different from the owner, submit the plans and specifications ofthe project to the Department for review and approval to ensure that theproject meets generally accepted standards for historic preservation; and
4. The organization owning the property grants to the Commonwealth aperpetual 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. Theeasement shall be for the purpose of preserving those features of theproperty which led to its designation as a historic landmark.
Nothing contained in this subsection shall prohibit any organization fromcharging a reasonable admission fee during the five-year period required insubdivision 2 herein if the fee is comparable to fees charged at similarfacilities in the area.
C. The Department shall be responsible for the administration of this sectionand §§ 10.1-2211 and 10.1-2212 and the disbursement of all funds appropriatedthereto.
State funds appropriated for the operation of historical societies, museums,foundations, associations, or other such organizations shall be expended forhistorical facilities, reenactments, meetings, conferences, tours, seminars,or other general operating expenses as may be specified in the generalappropriations act. Funds appropriated for these purposes shall bedistributed annually to the treasurers of any such organizations. Theappropriations act shall clearly designate that all such funds are to be usedfor the operating expenses of such organization.
(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.)
§ 10.1-2213. Procedure for appropriation of state funds for historicpreservation.
A. No state funds, other than for the maintenance and operation of thosefacilities specified in § 10.1-2211 or 10.1-2212 and for the purchase ofproperty for preservation of historical resources by the Virginia LandConservation Foundation as provided in Chapter 10.2 (§ 10.1-1017 et seq.) ofthis title, shall be appropriated or expended for or to organizations,whether localities or private entities, as set forth in the generalappropriations act for: (i) the maintenance of collections and exhibits; (ii)the maintenance, operation, and interpretation of historic sites andfacilities owned or operated by such organizations; or (iii) operational andeducational activities pursuant to subsection C unless:
1. A request and completed application for state aid is filed by theorganization with the Department, on forms prescribed by the Department, onor before October 1 prior to each regular session of the General Assembly inan even-numbered year. Requests shall be considered by the Governor and theGeneral Assembly only in even-numbered years. The Department shall revieweach application made by an organization for state aid prior to considerationby the General Assembly. The Department shall provide a timely review of anyamendments proposed by members of the General Assembly to the chairmen of theHouse Appropriations and Senate Finance Committees. The review shall examinethe 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 strictlyadvisory. The Department shall forward to the Department of Planning andBudget any application that is not for the maintenance of collections andexhibits or for the maintenance, operation, and interpretation of historicsites and facilities. Such applications shall be governed by the proceduresidentified in § 2.2-1505.
2. Any such private organization shall certify to the satisfaction of theDepartment that matching funds from federal, local, or private sources areavailable in an amount at least equal to the amount of the request in cash orin kind contributions which are deemed acceptable to the Department. Thesematching funds must be concurrent with the project for which the state grantis requested. Contributions received and spent prior to the state grant shallnot be considered in satisfying the requirements of this subdivision.
3. Any such private organization shall provide documentation of its taxexempt status under § 501(c) (3) of the United States Internal Revenue Code.
4. Such organization shall certify that the applicant has read andacknowledged all information and requirements regarding how the grants willbe 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 theDepartment for changes in the scope of the project prior to implementingthose changes. If grant funds are used for something other than the purposefor which they were requested without prior review and approval by theDepartment, then all state funds must be returned.
6. Such organization shall submit documentation on match funding and approvedexpenditures shall be submitted with all requests for disbursement.
7. Such organization shall provide progress reports as prescribed by theDepartment. At a minimum such reports shall be submitted with reimbursementrequests and a final report at the conclusion of the project.
8. Such organization receiving the state grant shall comply with applicablestate procurement requirements pursuant to the Virginia Public ProcurementAct (§ 2.2-4300 et seq.).
9. In the case of new construction or ground disturbing activities funded bystate grants, the organization shall afford the Department an opportunity toreview the potential impact on any historic resources. Such review shall beprovided 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 onlyas reimbursement for approved activities.
For the purposes of this section, no grant shall be approved for privateinstitutions of higher education or religious organizations.
B. In addition to the requirements of subsection A of this section, no statefunds other than for those facilities specified in § 10.1-2211 or 10.1-2212shall be appropriated or expended for the rehabilitation, restoration, orreconstruction of any historic site unless:
1. The property is designated as a historic landmark by the Board and islocated on the register prepared by the Department pursuant to § 10.1-2202 orhas been declared eligible by the Board for such designation but has notactually been placed on the register of buildings and sites provided for in §10.1-2202;
2. The organization owning such property and any organization managing suchproperty, if different from the owner, enter into an agreement with theDepartment that the property will be open to the public for at least 100 daysper year for no less than five years following completion of the project forwhich state funds are received;
3. The organization owning the property and any organization managing theproject, if different from the owner, submit the plans and specifications ofthe project to the Department for review and approval to ensure that theproject meets generally accepted standards for historic preservation; and
4. The organization owning the property grants to the Commonwealth aperpetual 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. Theeasement shall be for the purpose of preserving those features of theproperty which led to its designation as a historic landmark.
Nothing contained in this subsection shall prohibit any organization fromcharging a reasonable admission fee during the five-year period required insubdivision 2 herein if the fee is comparable to fees charged at similarfacilities in the area.
C. The Department shall be responsible for the administration of this sectionand §§ 10.1-2211 and 10.1-2212 and the disbursement of all funds appropriatedthereto.
State funds appropriated for the operation of historical societies, museums,foundations, associations, or other such organizations shall be expended forhistorical facilities, reenactments, meetings, conferences, tours, seminars,or other general operating expenses as may be specified in the generalappropriations act. Funds appropriated for these purposes shall bedistributed annually to the treasurers of any such organizations. Theappropriations act shall clearly designate that all such funds are to be usedfor the operating expenses of such organization.
(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.)
§ 10.1-2213. Procedure for appropriation of state funds for historicpreservation.
A. No state funds, other than for the maintenance and operation of thosefacilities specified in § 10.1-2211 or 10.1-2212 and for the purchase ofproperty for preservation of historical resources by the Virginia LandConservation Foundation as provided in Chapter 10.2 (§ 10.1-1017 et seq.) ofthis title, shall be appropriated or expended for or to organizations,whether localities or private entities, as set forth in the generalappropriations act for: (i) the maintenance of collections and exhibits; (ii)the maintenance, operation, and interpretation of historic sites andfacilities owned or operated by such organizations; or (iii) operational andeducational activities pursuant to subsection C unless:
1. A request and completed application for state aid is filed by theorganization with the Department, on forms prescribed by the Department, onor before October 1 prior to each regular session of the General Assembly inan even-numbered year. Requests shall be considered by the Governor and theGeneral Assembly only in even-numbered years. The Department shall revieweach application made by an organization for state aid prior to considerationby the General Assembly. The Department shall provide a timely review of anyamendments proposed by members of the General Assembly to the chairmen of theHouse Appropriations and Senate Finance Committees. The review shall examinethe 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 strictlyadvisory. The Department shall forward to the Department of Planning andBudget any application that is not for the maintenance of collections andexhibits or for the maintenance, operation, and interpretation of historicsites and facilities. Such applications shall be governed by the proceduresidentified in § 2.2-1505.
2. Any such private organization shall certify to the satisfaction of theDepartment that matching funds from federal, local, or private sources areavailable in an amount at least equal to the amount of the request in cash orin kind contributions which are deemed acceptable to the Department. Thesematching funds must be concurrent with the project for which the state grantis requested. Contributions received and spent prior to the state grant shallnot be considered in satisfying the requirements of this subdivision.
3. Any such private organization shall provide documentation of its taxexempt status under § 501(c) (3) of the United States Internal Revenue Code.
4. Such organization shall certify that the applicant has read andacknowledged all information and requirements regarding how the grants willbe 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 theDepartment for changes in the scope of the project prior to implementingthose changes. If grant funds are used for something other than the purposefor which they were requested without prior review and approval by theDepartment, then all state funds must be returned.
6. Such organization shall submit documentation on match funding and approvedexpenditures shall be submitted with all requests for disbursement.
7. Such organization shall provide progress reports as prescribed by theDepartment. At a minimum such reports shall be submitted with reimbursementrequests and a final report at the conclusion of the project.
8. Such organization receiving the state grant shall comply with applicablestate procurement requirements pursuant to the Virginia Public ProcurementAct (§ 2.2-4300 et seq.).
9. In the case of new construction or ground disturbing activities funded bystate grants, the organization shall afford the Department an opportunity toreview the potential impact on any historic resources. Such review shall beprovided 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 onlyas reimbursement for approved activities.
For the purposes of this section, no grant shall be approved for privateinstitutions of higher education or religious organizations.
B. In addition to the requirements of subsection A of this section, no statefunds other than for those facilities specified in § 10.1-2211 or 10.1-2212shall be appropriated or expended for the rehabilitation, restoration, orreconstruction of any historic site unless:
1. The property is designated as a historic landmark by the Board and islocated on the register prepared by the Department pursuant to § 10.1-2202 orhas been declared eligible by the Board for such designation but has notactually been placed on the register of buildings and sites provided for in §10.1-2202;
2. The organization owning such property and any organization managing suchproperty, if different from the owner, enter into an agreement with theDepartment that the property will be open to the public for at least 100 daysper year for no less than five years following completion of the project forwhich state funds are received;
3. The organization owning the property and any organization managing theproject, if different from the owner, submit the plans and specifications ofthe project to the Department for review and approval to ensure that theproject meets generally accepted standards for historic preservation; and
4. The organization owning the property grants to the Commonwealth aperpetual 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. Theeasement shall be for the purpose of preserving those features of theproperty which led to its designation as a historic landmark.
Nothing contained in this subsection shall prohibit any organization fromcharging a reasonable admission fee during the five-year period required insubdivision 2 herein if the fee is comparable to fees charged at similarfacilities in the area.
C. The Department shall be responsible for the administration of this sectionand §§ 10.1-2211 and 10.1-2212 and the disbursement of all funds appropriatedthereto.
State funds appropriated for the operation of historical societies, museums,foundations, associations, or other such organizations shall be expended forhistorical facilities, reenactments, meetings, conferences, tours, seminars,or other general operating expenses as may be specified in the generalappropriations act. Funds appropriated for these purposes shall bedistributed annually to the treasurers of any such organizations. Theappropriations act shall clearly designate that all such funds are to be usedfor the operating expenses of such organization.
(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.)
