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2009 SESSION
093915822Be 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, 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, 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
interest 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.
DC. 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.
ED. 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.
FE. 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.