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2009 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-107 and 10.1-202 of the Code of Virginia are amended and reenacted as follows:
§ 10.1-107. General powers and duties of the Board.
A. The Board shall advise the Governor and the Director on activities of the Department. Upon the request of the Governor, or the Director, the Board shall institute investigations and make recommendations.
The Board shall formulate recommendations to the Director concerning:
1. Requests for grants or loans pertaining to outdoor recreation.
2. Designation of recreational sites eligible for recreational access road funds.
3. Designations proposed for scenic rivers, scenic highways, and Virginia byways.
4. Acquisition of real property by fee simple or other interests in property for the Department including, but not limited to, state parks, state recreational areas, state trails, greenways, natural areas and natural area preserves, and other lands of biological, environmental, historical, recreational or scientific interest.
5. Acquisition of bequests, devises and gifts of real and personal property, and the interest and income derived therefrom.
6. Stage one and stage two plans, master plans, and substantial acquisition or improvement amendments to master plans as provided in § 10.1-200.1.
B. The Board shall have the authority to promulgate regulations necessary for the execution of the Public Beach Conservation and Development Act, Article 2 (§ 10.1-705 et seq.) of Chapter 7 of this title.
C. The Board shall assist the Department in the duties and responsibilities described in Subtitle I (§ 10.1-100 et seq.) of Title 10.1.
D. The Board is authorized to conduct fund-raising activities
as deemed appropriate and will deposit such revenue into the State Parks
Projects Fund pursuant to subsection D C of § 10.1-202.
§ 10.1-202. Gifts, funds, and fees designated for state parks; establishment of funds.
A. The State Park Conservation Resources Fund shall consist of
all entrance state park fees, fees from contractor-operated
concessions, fees from concessions, civil penalties assessed
pursuant to § 10.1-200.2 and under § 10.1-200.3, all revenues associated
with forest product sales on state parks pursuant to § 10.1-113, and all
funds accruing from, on account of, or to the use or management of state
parks acquired or held by the Department. This special fund shall be
noninterest bearing. The fund shall be under the direction and control of the
Director and may be expended for the conservation, development, maintenance,
and operations of state parks acquired or held by the Department. Unexpended
portions of the fund shall not revert to the state treasury at the close of any
fiscal year unless specified by an act of the General Assembly.
B. The State Park Operated Concessions Fund shall consist
of revenues generated from state park concessions operated by the Department.
This special fund shall be noninterest bearing. The fund shall be under the
direction and control of the Director for use in operating such concessions.
Unexpended portions of the fund shall not revert to the state treasury at the
close of any fiscal year unless specified by an act of the General Assembly.
C. The State Park Acquisition and Development Fund
shall consist of the proceeds from the sale of surplus property. This special
fund shall be noninterest bearing. The fund shall be under the direction and
control of the Director and shall be used exclusively for the acquisition and
development of state parks. Unexpended portions of the fund shall not revert to
the state treasury at the close of any fiscal year unless specified by an act
of the General Assembly.
D C. The State Park Projects Fund shall consist
of all income, including grants from any source, gifts and bequests of money,
securities and other property, and gifts and devises of real property or
interests therein given or bequeathed to the Department for the conservation,
development, maintenance, or operations of state parks. This special fund shall
be interest bearing and any income earned from these gifts, bequests,
securities or other property shall be deposited to the credit of the fund. This
fund shall be under the control of the Director and may be expended with advice
from the Board for the conservation, development, maintenance, or operations of
state parks. Unexpended portions of the fund shall not revert to the state
treasury at the close of any fiscal year unless specified by an act of the
General Assembly.
E D. The Director is authorized to receive and
to sell, exchange, or otherwise dispose of or invest as he deems proper the
moneys, securities, or other real or personal property or any interest therein
given or bequeathed to the Department for any of the funds established under
this section, unless such action is restricted by the terms of a gift or
bequest. The Director may enter into contracts and agreements, as approved by
the Attorney General, to accomplish the purposes of these funds. The Director
may do any and all lawful acts necessary or appropriate to carry out the
purposes for which the above funds were established.
F E. These funds shall not include any gifts of
money to the Virginia Land Conservation Foundation or other funds deposited in
the Virginia Land Conservation Fund.
2. That all moneys deposited in or to be credited to the State Park Operated Concessions Fund shall be transferred to and deposited in the State Park Conservation Resources Fund.