PARRIS N. GLENDENING, Governor

Ch. 584

2. Then to purchase property on which an option has been
obtained or any other parcel of land.

(6)     (i) A local governing body may use part of its funds reserved for
acquisition for a local land trust grant fund.

(ii) A local land trust grant fund may be used to:

1.       Make matching or reimbursable grants to land trusts for the
acquisition of interests or rights in real property for recreational or open space purposes;
or

2.       Acquire, under an agreement with a land trust, title to or an
interest or right in property owned by a land trust or property[,] on which the land trust
holds an option or a contract to purchase.

(iii) As a condition to any agreement under which a local government
agrees to acquire title to or an interest or rights in property owned by a land trust or
property on which the land trust holds an option or a contract to purchase, a perpetual
conservation easement on the land shall be donated.

(iv) A project may not receive funds from a local land trust grant fund
unless:

1. THE PROJECT IS APPROVED IN THE LOCAL GOVERNING
BODY'S GRANT AGREEMENT; OR

[1.] 2. The Department AND THE BOARD OF PUBLIC WORKS
[approves] APPROVE the project as being in conformity with criteria governing land
acquired under a local grant from Program Open Space[;].

[2. The Maryland Office of Planning approves the project as
being consistent with the local land preservation and recreation plan; and

3.       The Board of Public Works approves the grant.]

(v) The [Board of Public Works] DEPARTMENT may approve a grant
from a local land trust grant fund conditional upon modifying its terms.

(7)     (i) Except as provided in subparagraph (iii) of this paragraph, if any
portion of an annual apportionment to a local governing body is not encumbered within 5
years of the allocation, the unencumbered funds shall revert to the Department, to be
held by the Department in a special account until the beginning of the next fiscal year.

(ii) At the beginning of the next fiscal year, the funds held in the
special account under subparagraph (i) of this paragraph shall be added to the funds
appropriated under § 5-903(b) of this subtitle to assist local governing bodies in
acquisition and development of land for recreation and open space purposes.

(iii) If a local governing body demonstrates to the Department that
unencumbered funds have been designated for a specified purpose, subparagraph (i) of
this paragraph does not apply to the funds.

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