WILLIAM DONALD SCHAEFER, Governor Ch. 65

(6) THIS SUBSECTION DOES NOT PROHIBIT ANY COUNTY
FROM ACCEPTING FUNDS FROM PRIVATE SOURCES AND USING THOSE
PRIVATE FUNDS TO PURCHASE DEVELOPMENT RIGHTS, GUARANTEE
LOANS THAT ARE COLLATERALIZED BY DEVELOPMENT RIGHTS, OR
PROVIDE FINANCIAL ENHANCEMENTS RELATED TO PURCHASE OF
DEVELOPMENT RIGHTS.

(c) [(1) Except as provided for Montgomery County in subsection (d) of this
section, if] IF any revenue in the special county account has not been expended or
committed on or before 3 years from the date of deposit into the county account, the
county collector shall [transfer the funds to the county's program open space account.
The funds transferred under this paragraph shall be in addition to any funds that would
otherwise be allotted to the county under § 5-903 of the Natural Resources Article. The
funds transferred under this paragraph may be used only to acquire woodland or to
purchase agricultural easements] REMIT THAT REVENUE TO THE
COMPTROLLER FOR DEPOSIT IN THE MARYLAND AGRICULTURAL LAND
PRESERVATION FUND.

[(2) If on or before 5 years from the date of deposit of revenue into the
Maryland Agricultural Land Preservation Fund under paragraph (1) of this subsection
the county is able to use the revenue as provided by subsection (b) of this section, the
Comptroller shall return the revenue to the county.]

[(d) In Montgomery County, 50% of the revenue retained shall be held in a
special account and shall be deemed and used as the State matching fund share for
agricultural land preservation.]

[(e)] (D) From the agricultural land transfer tax collected by it, the Department
shall remit the county part of the revenue to the collector for the county in which the
land is located for distribution under this section.

SECTION 2. AND BE IT FURTHER ENACTED, That during the fiscal year
commencing July 1, 1990 only, a county that demonstrates to the Office of Planning and
the Maryland Agricultural Land Preservation Foundation that it has established
effective programs to encourage participation by farmers in agricultural land
preservation efforts shall be certified by the Office and the Foundation under § 5-408
of the State Finance and Procurement Article without following the process required
under § 5-408. A certification of a county in accordance with this section shall remain
effective for 2 years and shall make the county eligible for the additional funds available
to certified counties under § 2-508.1 of the Agriculture Article and § 13-306 of the Tax
- Property Article.

SECTION 3. AND BE IT FURTHER ENACTED, That in its annual report
under § 2-506 of the Agriculture Article, the Maryland Agricultural Land Preservation
Foundation shall include an evaluation of easement sales under both Round 1 and
Round 2, by county, so as to permit an evaluation of which counties receive the most
benefit under the Foundation and the certification program under § 2-508.1 of the
Agriculture Article.

SECTION 4. AND BE IT FURTHER ENACTED, That the Departments of

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