PARRIS N. GLENDENING, Governor                             Ch. 606

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 may 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) (1) A LOCAL GOVERNING BODY MAY ELECT TO TRANSFER ALL OR A
PORTION OF ITS ALLOCATION DETERMINED UNDER SUBSECTION (C) OF THIS
SECTION TO THE MARYLAND AGRICULTURAL LAND PRESERVATION FUND.

(2) IF A LOCAL GOVERNING BODY MAKES AN ELECTION UNDER THIS
SUBSECTION, IT SHALL NOTIFY THE SECRETARY AND THE BOARD OF TRUSTEES OF
THE MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION AND THE
SECRETARY SHALL, WITH THE APPROVAL OF THE BOARD OF PUBLIC WORKS,
TRANSFER THE FUNDS TO THE AGRICULTURAL LAND PRESERVATION FUND TO BE
USED AS SPECIFIED IN SECTION 2-505(E) OF THE AGRICULTURE ARTICLE.

[(d)](E) 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, National Park Service shall be used to supplement the
acquisition and development program of the Department and of other eligible State
agencies and local government bodies.

[(e)](F) (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.

[(f)](G) (1) Subject to the limitation under paragraph (2) of this subsection,
the Department may use acquisition funds to stabilize the structural integrity of
improvements existing on land at the time of acquisition.

(2) The costs to stabilize the structural integrity of improvements existing on
land at the time of acquisition may not exceed 10 percent of the purchase price of the
land.

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