Ch. 659                                    1996 LAWS OF MARYLAND

Article - Natural Resources

5-903.

(a)     One half of the funds shall be used for recreation and open space purposes by
the Department and the Historic St. Mary's City Commission. Except as otherwise
provided in this section, any funds the General Assembly appropriates to the State under
this subsection shall be used only for land acquisition projects. A portion of the State's
share of funds available under this program shall be utilized to make grants to Baltimore
City for projects which meet park purposes. The grants shall be in addition to any funds
Baltimore City is eligible to receive under subsection (b) of this section, and may be used
for acquisition or development. In order for Baltimore City to be eligible for a State
grant, the Department shall review projects or land to be acquired within Baltimore City,
and upon the Department's recommendation, the Board of Public Works may approve
projects and land including the cost. Title to the land shall be in the name of the Mayor
and City Council of Baltimore City. The State is not responsible for costs involved in the
development or maintenance of the land.

(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.

(c)     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
Maryland 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 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)     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)     (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.

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