VETOES
(b) The General Assembly shall appropriate the other half of the funds to assist
local governing bodies in acquisition and development of land for recreation and open
space purposes.
(e) A committee, appointed by the Governor, shall prepare and adopt an
apportionment formula relating to the percent of the total funds each subdivision will
receive. The committee consists of two members of the Senate, three members of the
House of Delegates, and four members of the public at large. The Director of the Office
of Planning and the Secretary shall serve as advisers to the committee. The committee
shall meet at least annually to review and update the apportionment formula. In
determining the allocation formula, the committee shall take into account for each
subdivision (1) current population, (2) projected population, and (3) other factors it
deems desirable. In determining the apportionment for any year the committee may
consider under-utilization of available funds and transfer or advance unused allocations
that have not been utilized within a given period. The committee may reallocate funds,
subject however to the policy that over the ten year period any subdivision shall be
allocated in the aggregate the funds it would have been entitled to receive if able to
utilize them. Before adopting an apportionment formula and before allocating funds for
any year, the committee shall notify the governing bodies of every affected subdivision
of its intended action and, after reasonable notice, afford an opportunity for hearings
on the apportionment or allocation.
(d) Any funds previously or subsequently appropriated or reimbursed to the
Department from the Land and Water Conservation Fund of the United States
Department of Interior shall be used to supplement the acquisition and development
program of the Department and of other eligible State agencies and local government
bodies. Subject to § 2-1312 of the State Government Article, the Department shall
submit to the General Assembly an annual report of receipts and disbursements of
these funds.
(E) (1) THE DEPARTMENT MAY, WITH THE APPROVAL OF THE
BOARD OF PUBLIC WORKS, USE ACQUISITION FUNDS TO MAKE
MATCHING OR REFUNDABLE GRANTS TO LAND TRUSTS FOR THE
ACQUISITION OF INTERESTS OR RIGHTS IN REAL PROPERTY FOR
RECREATIONAL OR OPEN SPACE PURPOSES.
(2) NOTWITHSTANDING THE PROVISIONS OF §§ 4-411
THROUGH 4-414 OF THE STATE FINANCE AND PROCUREMENT ARTICLE,
SUBJECT TO THE AVAILABILITY OF FUNDS AND IN ACCORDANCE WITH
OTHER PROVISIONS OF THIS ARTICLE REGARDING OPEN SPACE AND
WILDLAND AREAS, THE DEPARTMENT MAY ENTER INTO AGREEMENTS
WITH A LAND TRUST FOR THE STATE TO ACQUIRE TITLE TO OR AN
INTEREST OR RIGHT IN PROPERTY OWNED BY THE LAND TRUST OR
PROPERTY ON WHICH THE LAND TRUST HOLDS AN OPTION OR A
CONTRACT TO PURCHASE.
(3) AN AGREEMENT UNDER THIS SUBSECTION SHALL BE
SUBJECT TO APPROVAL BY THE BOARD OF PUBLIC WORKS UNDER § 4-415
OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
- 3464 -
|