WILLIAM DONALD SCHAEFER, Governor Ch. 347

and administered by the Department as State parks, forests, or
other reserves, and used to demonstrate the practical utility of
the land for recreational areas, State parks, scenic preserves,
parkways, historic monuments, timber culture, water conservation,
and as a breeding place for wildlife. Any gift shall be absolute
except for the reservation of mineral and mining rights over and
under the land, and a stipulation that it shall be administered
for State forest, park, or recreation purposes.

[(2) Notwithstanding any other provision of this
Code, except paragraph (4) of this subsection after June 30,
1986, the Department may not use any funds, whether under Program
Open Space or otherwise, to acquire any land in Garrett County in
excess of the total amount of land owned by the Department in
that county on June 30, 1986. This paragraph (2) of this
subsection does not prohibit the Department from exchanging land
in Garrett County, as long as the total acreage does not exceed
that amount owned by the Department on June 30, 1986.]

[(3) (i) The General Assembly has established a
policy to limit the total amount of land that the Department may
own in Garrett County that is equal to the total amount of land
owned by the Department on June 30, 1986.

(ii) The Department agrees that their
ownership of land in Garrett County shall be limited as provided
in this subsection.

(iii) The Department agrees to acquire land
within the scenic corridor of the Youghiogheny River, as defined
in § 8-408 of this article, and other land in Garrett County to
consolidate its geographically separated holdings in the county.]

(iv) (2) The Department shall meet its needs
for land in Garrett County by acquiring the land only from
willing sellers, provided that the Department may acquire by
condemnation easements of the minimal extent necessary for access
or utility service to lands of the Department if there is no
alternative location or means of providing the access or service.

[(v) The General Assembly intends this
subsection to establish a workable framework within which the
Department and residents and elected officials of Garrett County
can work cooperatively to implement the strict limitation on the
number of acres of land in Garrett County owned by the Department
on June 30, 1986.]

[(4) (i) If the Department and the Board of Public
Works have acted to transfer to taxable ownership a number of
acres of land owned by the Department in Garrett County, the
Department may acquire up to that number of acres of land
elsewhere in Garrett County.

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