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ACROSS SESSIONS
- Subject Index: Since 1995
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1996 SESSION
960044815Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.5, 2.1-1.6, 3.1-1021, 3.1-1025, 9-6.25:1, 29.1-103, 29.1-566, 58.1-345, and 58.1-345.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 29.1 a chapter numbered 9, consisting of sections numbered 29.1-900 through 29.1-909, and a chapter numbered 10, consisting of sections numbered 29.1-1000 through 29.1-1008 as follows:
§ 2.1-1.5. Entities not subject to standard nomenclature.
The following entities are not subject to the provisions of § 2.1-1.2 due to the unique characteristics or the enabling legislation of the entities:
Assistive Technology Loan Fund Authority.
Richmond Eye and Ear Hospital Authority.
Small Business Financing Authority.
State Education Assistance Authority.
Virginia Agriculture Development Authority.
Virginia College Building Authority.
Virginia Economic Development Partnership.
Virginia Education Loan Authority.
Virginia Housing Development Authority.
Virginia Innovative Technology Authority.
Virginia Port Authority.
Virginia Public Building Authority.
Virginia Public School Authority.
Virginia Resources Authority.
Virginia Student Assistance Authorities.
Board of Commissioners, Virginia Agriculture Development Authority.
Board of Commissioners, Virginia Port Authority.
Board of Directors, Assistive Technology Loan Fund Authority.
Board of Directors, Richmond Eye and Ear Hospital Authority.
Board of Directors, Small Business Financing Authority.
Board of Directors, Virginia Economic Development Partnership.
Board of Directors, Virginia Student Assistance Authorities.
Board of Directors, Virginia Innovative Technology Authority.
Board of Directors, Virginia Resources Authority.
Board of Regents, Gunston Hall Plantation.
Board of Regents, James Monroe Memorial Law Office and Library.
Board of Trustees, Family and Children's Trust Fund.
Board of Trustees, Frontier Culture Museum of Virginia.
Board of Trustees, Jamestown-Yorktown Foundation.
Board of Trustees, Miller School of Albemarle.
Board of Trustees, Rural Virginia Development Foundation.
Board of Trustees, The Science Museum of Virginia.
Board of Trustees, Virginia Museum of Fine Arts.
Board of Trustees, Virginia Museum of Natural History.
Board of Trustees, Virginia Outdoor Foundation.
Board of the Virginia Higher Education Tuition Trust Fund.
Board of Visitors, Christopher Newport University.
Board of Visitors, The College of William and Mary in Virginia.
Board of Visitors, George Mason University.
Board of Visitors, Gunston Hall Plantation.
Board of Visitors, James Madison University.
Board of Visitors, Longwood College.
Board of Visitors, Mary Washington College.
Board of Visitors to Mount Vernon.
Board of Visitors, Norfolk State University.
Board of Visitors, Old Dominion University.
Board of Visitors, Radford University.
Board of Visitors, University of Virginia.
Board of Visitors, Virginia Commonwealth University.
Board of Visitors, Virginia Military Institute.
Board of Visitors, Virginia Polytechnic Institute and State University.
Board of Visitors, Virginia State University.
Governing Board, Virginia College Building Authority.
Governing Board, Virginia Public School Authority.
Library Board, The Library of Virginia.
Motor Vehicle Dealer Board.
State Board for Community Colleges, Virginia Community College System.
Alexandria Historical Restoration and Preservation Commission.
Charitable Gaming Commission
Chesapeake Bay Bridge and Tunnel Commission.
Hampton Roads Sanitation District Commission.
Cave Advisory Council
Chesapeake Bay Bridge and Tunnel District.
Hampton Roads Sanitation District.
Christopher Newport University.
College of William and Mary in Virginia.
Frontier Culture Museum of Virginia.
George Mason University.
James Madison University.
Jamestown-Yorktown Foundation.
Longwood College.
Mary Washington College.
Miller School of Albemarle.
Norfolk State University.
Old Dominion University.
Radford University.
The Science Museum of Virginia.
University of Virginia.
Virginia Commonwealth University.
Virginia Community College System.
Virginia Military Institute.
Virginia Museum of Fine Arts.
Virginia Polytechnic Institute and State University.
The Library of Virginia.
Virginia State University.
Chippokes Plantation Farm Foundation.
Rural Virginia Development Foundation.
Virginia Conservation and Recreation Foundation.
Virginia Historic Preservation Foundation.
Virginia Outdoor Foundation.
Virginia Museum of Natural History.
Gunston Hall Plantation.
Virginia Retirement System.
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board for
Aging, Advisory Board on the
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Art and Architectural Review Board
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Certified Seed Board, State
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Mining Examiners, Board of
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Coastal Land Management Advisory Council, Virginia
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board
Employment Agency Advisory Board
Farmers Market Board, Virginia
Film Office Advisory Board
Fire Services Board, Virginia
Forensic Science Advisory Board
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Industrial Development Services Advisory Board
Insurance Advisory Board, State
Irish Potato Board, Virginia
Laboratory Services Advisory Board
Litter Control and Recycling Fund Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medical Board of the Virginia Retirement System
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mineral Mining Examiners, Board of
Minority Business Enterprise, Interdepartmental Board of the Department of
Networking Users Advisory Board, State
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board on
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Buildings Board, Virginia
Public Telecommunications Board, Virginia
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Recreation Specialists, Board of
Reforestation Board
Rehabilitation Providers, Advisory Board on
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Retirement System Review Board
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
T & M Vehicle Dealers' Advisory Board
Teacher Education and Licensure, Advisory Board on
Tourism and Travel Services Advisory Board
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Coal Mine Safety Board
Virginia Correctional Enterprises Advisory Board
Virginia Employment Commission, State Advisory Board for the
Virginia Higher Education Tuition Trust Fund, Board of the
Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Retirement System, Board of Trustees
Virginia Sheep Industry Board
Virginia Veterans Cemetery Board
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Voluntary Formulary Board, Virginia
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia
Youth and Family Services, State Board of.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 3.1-1021. Definitions.
As used in this chapter:
"Board" means the Board of Agriculture and Consumer Services.
"Candidate species" means those species formally recommended by the Director of
the Department of Conservation and Recreation Game and Inland
Fisheries or other reliable data sources in writing to and accepted by
the Commissioner for presentation to the Board of Agriculture and Consumer
Services for listing under the Virginia Endangered Plant and Insect Species
Act.
"Commissioner" means the Commissioner of the Department of Agriculture and Consumer Services or his designee.
"Department" means the Department of Agriculture and Consumer Services.
"Endangered species" means any species or variety of plant life or insect life determined by the Board to be in danger of extinction throughout all or a significant part of its range other than a species determined by the Commissioner not to be in the best interest of the welfare of man.
"Insect" or "insect life" means any species of the class Insecta.
"Person" means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department, or instrumentality of the federal government, of any state or political subdivision thereof, or of any foreign government.
"Plant" or "plant life" means any member of the plant kingdom, including spores, leaves, stems, branches, flowers, seeds, roots, and other parts or products thereof.
"Proposed species" means any candidate species authorized by the Board for consideration for listing as endangered or threatened under the Endangered Plant and Insect Species Act.
"Species" includes any species or variety of plant life or insects.
"Take" means, in reference to plants and insects, to collect, pick, cut, or dig up for the purpose of resale.
"Threatened species" means any species determined by the Board to be likely to become an endangered species within the foreseeable future throughout all or a significant portion of its native range.
§ 3.1-1025. Powers and duties of Board; listing of rare species; further powers of Commissioner.
A. The Board may prescribe and adopt regulations including, but not limited to, the listing of endangered or threatened species, their taking, quotas, seasons, buying, selling, possessing, monitoring of movement, investigating, protecting, or any other need in furtherance of the purposes of this chapter.
B. The Commissioner may permit the taking of a threatened species when the Board has determined that its abundance in the Commonwealth justifies a controlled harvest which is not in violation of federal laws or regulations. The Commissioner shall take the necessary action to conserve, protect, restore, or propagate endangered and threatened species.
C. The Board may adopt regulations to permit and control the commercial harvest of certain threatened species that would prevent that species from becoming endangered or extinct.
D. The Commissioner may conduct investigations of species of plants and
insects, in order to develop information relating to the population,
distribution, habitat needs, limiting factors, and other biological and
ecological data in order to determine management measures necessary to assure
their continued ability to sustain themselves successfully. As a result of
this investigation and recommendations received regarding candidate species
from the Director of the Department of Conservation and Recreation
Game and Inland Fisheries and from other reliable data, the
Board shall approve proposed species to be added to or deleted from the list of
endangered species or the list of threatened species, or to be transferred from
one list to the other.
§ 9-6.25:1. Advisory boards, commissions and councils.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following advisory boards, commissions and councils within the executive branch:
Advisory Board for the Department for the Deaf and Hard-of-Hearing
Advisory Board for the Department for the Aging
Advisory Board on Child Abuse and Neglect
Advisory Board on Medicare and Medicaid
Advisory Board on Occupational Therapy
Advisory Board on Physical Therapy to the Board of Medicine
Advisory Board on Rehabilitation Providers
Advisory Board on Respiratory Therapy to the Board of Medicine
Advisory Board on Teacher Education and Licensure
Advisory Council on Revenue Estimates
Advisory Council on the Virginia Business-Education Partnership Program
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Art and Architectural Review Board
Board for the Visually Handicapped
Board of Directors, Virginia Truck and Ornamentals Research Station
Board of Forestry
Board of Military Affairs
Board of Rehabilitative Services
Board of Transportation Safety
Board of Trustees of the Family and Children's Trust Fund
Board of Visitors, Gunston Hall Plantation
Board on Veterans' Affairs
Catoctin Creek State Scenic River Advisory Board
Cave Board Advisory Council
Chickahominy State Scenic River Advisory Board
Clinch Scenic River Advisory Board
Coal Surface Mining Reclamation Fund Advisory Board
Coastal Land Management Advisory Council, Virginia
Commonwealth Competition Council
Council on Indians
Council on the Status of Women
Debt Capacity Advisory Committee
Emergency Medical Services Advisory Board
Falls of the James Committee
Film Office Advisory Board
Forensic Science Advisory Board
Goose Creek Scenic River Advisory Board
Governor's Council on Alcohol and Drug Abuse Problems
Governor's Mined Land Reclamation Advisory Committee
Hemophilia Advisory Board
Human Services Information and Referral Advisory Council
Industrial Development Services Advisory Board
Interagency Coordinating Council on Housing for the Disabled
Interdepartmental Board of the State Department of Minority Business Enterprise
Laboratory Services Advisory Board
Litter Control and Recycling Fund Advisory Board
Local Advisory Board to the Blue Ridge Community College
Local Advisory Board to the Central Virginia Community College
Local Advisory Board to the Dabney S. Lancaster Community College
Local Advisory Board to the Danville Community College
Local Advisory Board to the Eastern Shore Community College
Local Advisory Board to the Germanna Community College
Local Advisory Board to the J. Sargeant Reynolds Community College
Local Advisory Board to the John Tyler Community College
Local Advisory Board to the Lord Fairfax Community College
Local Advisory Board to the Mountain Empire Community College
Local Advisory Board to the New River Community College
Local Advisory Board to the Northern Virginia Community College
Local Advisory Board to the Patrick Henry Community College
Local Advisory Board to the Paul D. Camp Community College
Local Advisory Board to the Piedmont Virginia Community College
Local Advisory Board to the Rappahannock Community College
Local Advisory Board to the Southwest Virginia Community College
Local Advisory Board to the Thomas Nelson Community College
Local Advisory Board to the Tidewater Community College
Local Advisory Board to the Virginia Highlands Community College
Local Advisory Board to the Virginia Western Community College
Local Advisory Board to the Wytheville Community College
Maternal and Child Health Council
Medical Advisory Board, Department of Motor Vehicles
Medical Board of the Virginia Retirement System
Migrant and Seasonal Farmworkers Board
Motor Vehicle Dealer's Advisory Board
Nottoway State Scenic River Advisory Board
Personnel Advisory Board
Plant Pollination Advisory Board
Private College Advisory Board
Private Enterprise Commission
Private Security Services Advisory Board
Psychiatric Advisory Board
Radiation Advisory Board
Rappahannock Scenic River Advisory Board
Recreational Fishing Advisory Board, Virginia
Reforestation Board
Retirement System Review Board
Rockfish State Scenic River Advisory Board
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
St. Mary's Scenic River Advisory Committee
State Advisory Board on Air Pollution
State Advisory Board for the Virginia Employment Commission
State Building Code Technical Review Board
State Council on Local Debt
State Health Benefits Advisory Council
State Insurance Advisory Board
State Land Evaluation Advisory Council
State Networking Users Advisory Board
State Public Records Advisory Council
Statewide Independent Living Council
Statewide Rehabilitation Advisory Council
Statewide Rehabilitation Advisory Council for the Blind
Staunton Scenic River Advisory Committee
Telecommunications Relay Service Advisory Board
Tourism and Travel Services Advisory Board
Virginia Advisory Commission on Intergovernmental Relations
Virginia Advisory Council for Adult Education and Literacy
Virginia Coal Mine Safety Board
Virginia Coal Research and Development Advisory Board
Virginia Commission for the Arts
Virginia Commission on the Bicentennial of the United States Constitution
Virginia Correctional Enterprises Advisory Board
Virginia Council on Coordinating Prevention
Virginia Equal Employment Opportunity Council
Virginia Interagency Coordinating Council
Virginia Military Advisory Council
Virginia Public Buildings Board
Virginia Recycling Markets Development Council
Virginia Technology Council
Virginia Transplant Council
Virginia Veterans Cemetery Board
Virginia Water Resources Research Center, Statewide Advisory Board
Virginia Winegrowers Advisory Board.
§ 29.1-103. Powers and duties of the Board.
The Board is responsible for carrying out the purposes and provisions of this title and is authorized to:
1. Appoint the Director of the Department.
2. Acquire by purchase, lease, exchange, gift or otherwise, lands and waters in the Commonwealth and to establish buildings, structures, dams, lakes and ponds on such lands and waters.
3. Conduct operations for the preservation and propagation of game birds, game animals, fish and other wildlife in order to increase, replenish and restock the lands and inland waters of the Commonwealth.
4. Purchase, lease, or otherwise acquire lands and waters for game and fish refuges, preserves, natural areas and natural area preserves or public shooting and fishing, and establish such lands and waters under appropriate regulations.
5. Acquire by purchase, lease, or otherwise, lands and structures for use as public landings, wharves, or docks; to improve such lands and structures; and to control the use of all such public landings, wharves, or docks by regulation.
6. Acquire and introduce any new species of game birds, game animals or fish on the lands and within the waters of the Commonwealth.
7. Restock, replenish and increase any depleted native species of game birds, game animals, or fish.
8. Have educational matter pertaining to wildlife published and distributed.
9. Hold exhibits throughout the Commonwealth for the purpose of educating school children, agriculturists and other persons in the preservation and propagation of wildlife in the Commonwealth.
10. Control land owned by and under control of the Commonwealth in Back Bay, its tributaries and the North Landing River from the North Carolina line to North Landing Bridge. The Board shall regulate or prohibit by regulation any drilling, dredging or other operation designed to recover or obtain shells, minerals, or other substances in order to prevent practices and operations which would harm the area for fish and wildlife.
11. Exercise powers it may deem advisable for conserving, protecting, replenishing, propagating and increasing the supply of game birds, game animals, fish and other wildlife of the Commonwealth.
12. Adopt resolutions or regulations conferring upon the Director all such powers, authorities and duties as the Board possesses and deems necessary or proper to carry out the purposes of this title.
13. Administer and manage the Virginia Fish Passage Grant and Revolving Loan Fund pursuant to Article 1.1 (§ 29.1-101.2 et seq.) of Chapter 1 of this title.
14. Administer the Virginia Natural Area Preserves Act (§ 29.1-900 et seq.) and the Cave Protection Act (§ 29.1-1000 et seq.).
§ 29.1-566. Regulations.
The Board is authorized to adopt the federal list, as well as modifications and
amendments thereto by regulations; to declare by regulation, after
consideration of recommendations from the Director of the Department of
Conservation and Recreation and from other reliable data sources, that
species not appearing on the federal lists are endangered or threatened species
in Virginia; and to prohibit by regulation the taking, transportation,
processing, sale, or offer for sale within the Commonwealth of any threatened
or endangered species of fish or wildlife.
§ 29.1-900. Definitions.
Whenever used or referred to in this chapter, unless a different meaning clearly appears from the text:
"Fund" means the Natural Area Preservation Fund.
"Dedication" means the transfer to the Commonwealth of an estate, interest, or right in a natural area by any manner authorized in § 29.1-904.
"Instrument of dedication" means any written document by which an estate, interest, or right in a natural area conveys formal dedication as a natural area preserve pursuant to the provisions of § 29.1-904.
"Natural area" means any area of land, water, or both land and water, whether publicly or privately owned, that retains or has reestablished its natural character, though it need not be completely natural and undisturbed; or which is important in preserving rare or vanishing flora, fauna, native ecological systems, geological, natural historical, scenic or similar features of scientific or educational value benefiting the citizens of the Commonwealth.
"Natural area preserve" means a natural area that has been dedicated pursuant to § 29.1-904.
"Natural heritage resources" means the habitat of rare, threatened, or endangered plant and animal species, rare or state significant natural communities or geologic sites, and similar features of scientific interest benefiting the welfare of the citizens of the Commonwealth.
"Program" means the Virginia Natural Heritage Program.
"Owner" means any individual, corporation, partnership, trust or association, and all governmental units except the state, its departments, agencies or institutions.
"Registry" means an agreement between the Director and the owner of a natural area to protect and manage the natural area for its specified natural heritage resource values.
"System" means the state system of natural area preserves established under § 29.1-905.
§ 29.1-901. Additional powers of the Board.
In addition to other powers conferred by law and subject to the provisions of this chapter, the Board shall have the power, which may be delegated to the Director:
1. To establish criteria for the selection, registration and dedication of natural areas and natural area preserves.
2. To purchase, lease or otherwise acquire in the name of the Commonwealth, using moneys from the Natural Area Preservation Fund, lands suitable for natural area preserves.
3. To acquire by gift, devise, purchase, or otherwise, absolutely or in trust, and to hold and, unless otherwise restricted by the terms of a gift or devise, to encumber, convey or otherwise dispose of, any real property, any estate or interests therein, or products on or derived from such real property, as may be necessary and proper in carrying into effect the provisions of this chapter.
4. To accept, hold and administer gifts and bequests of money, securities, or other property, absolutely or in trust, made for purposes of this article. Unless otherwise restricted by the terms of the gift or bequest, the Board may sell, exchange or otherwise dispose of such money, securities or other property given or bequeathed to the Board. The principal of such funds, together with the income and all revenues derived therefrom, shall be placed in the Natural Area Preservation Fund.
§ 29.1-902. Additional duties of the Board.
In addition to other duties conferred by law, the Board or the Director, if delegated by Board, shall:
1. Preserve the natural diversity of biological resources of the Commonwealth.
2. Maintain a Natural Heritage Program to select and nominate areas containing natural heritage resources for registration, acquisition, and dedication of natural areas and natural area preserves.
3. Develop and implement a Natural Heritage Plan that shall govern the Natural Heritage Program in the creation of a system of registered and dedicated natural area preserves.
4. Publish and disseminate information pertaining to natural areas and natural area preserves.
5. Grant permits to qualified persons for the conduct of scientific research and investigations within natural area preserves.
6. Provide recommendations to the Commissioner of the Department of Agriculture and Consumer Services and to the Board of Agriculture and Consumer Services on species for listing under the Virginia Endangered Plant and Insect Species Act (§ 3.1-1020 et seq.), prior to the adoption of regulations therefor.
7. Cooperate with local, state and federal agencies in developing management plans for real property under their stewardship that will identify, maintain and preserve the natural diversity of biological resources of the Commonwealth.
8. Provide for management, development and utilization of any lands purchased, leased or otherwise acquired and enforce the provisions of this chapter governing natural area preserves, the stewardship thereof, the prevention of trespassing thereon, or other actions deemed necessary to carry out the provisions of this chapter.
§ 29.1-903. Virginia Natural Heritage Program.
A. The Virginia Natural Heritage Program is hereby continued and shall be administered by the Board.
B. The Board shall:
1. Produce an inventory of the Commonwealth's natural heritage resources, including their location and ecological status.
2. Maintain a natural heritage data bank of inventory data and other relevant information for ecologically significant sites supporting natural heritage resources. Information from this data bank will be made available to public agencies and may be made available to private institutions or individuals for environmental assessment and land management purposes.
3. Develop a Natural Heritage Plan which establishes priorities for the protection, acquisition and management of registered and dedicated natural areas and natural area preserves.
C. The Program shall include other functions as may be assigned by the Department for the registration, dedication, protection and stewardship of natural areas and natural area preserves.
§ 29.1-904. Dedication of natural area preserves.
A. The Board may, in the name of the Department, accept the dedication of natural areas on lands deemed by the Board to qualify as natural area preserves under the provisions of this chapter. Natural area preserves may be dedicated by voluntary act of the owner. The owner of a qualified natural area may transfer fee simple title or other interest in land to the Commonwealth. Natural area preserves may be acquired by gift, grant, or purchase.
B. Dedication of a natural preserve shall become effective only upon acceptance of the instrument of dedication by the Board.
C. The instrument of dedication may:
1. Contain restrictions and other provisions relating to management, use, development, transfer, and public access, and may contain any other restrictions and provisions as may be necessary or advisable to further the purposes of this chapter;
2. Define, consistently with the purposes of this chapter, the respective rights and duties of the owner and of the Commonwealth and provide procedures to be followed in case of violations of the restrictions;
3. Recognize and create reversionary rights, transfers upon conditions or with limitations, and gifts over; and
4. Vary in provisions from one natural area preserve to another in accordance with differences in the characteristics and conditions of the several areas.
D. Public departments, commissions, boards, counties, municipalities, corporations, colleges, universities and all other agencies and instrumentalities of the Commonwealth and its political subdivisions are empowered to dedicate suitable areas within their jurisdiction as natural area preserves.
E. Subject to the approval of the Governor, the Commonwealth may enter into amendments to the instrument of dedication upon finding that the amendment will not permit an impairment, disturbance, use, or development of the area inconsistent with the provisions of this chapter. If the fee simple estate in the natural area preserve is not held by the Board under this chapter, no amendment may be made without the written consent of the owner of the other interests therein.
§ 29.1-905. Virginia Natural Area Preserves System continued.
A state system of natural area preserves is hereby continued and shall be called the Virginia Natural Area Preserves System. The system shall consist of natural area preserves dedicated as provided in § 29.1-904. Once dedicated, a natural area preserve shall be managed in a manner consistent with continued preservation of the natural heritage resources it supports.
§ 29.1-906. Fund continued.
A. A fund consisting of general fund appropriations, gifts, bequests and devises known as the Natural Area Preservation Fund is hereby continued.
B. Any funds remaining in such fund at the end of the biennium, including all appropriations, gifts, bequests and devises, and interest accruing thereon, shall not revert to the general fund but shall remain in the Natural Area Preservation Fund.
§ 29.1-907. Natural area registry.
A. The Department shall maintain a state registry of voluntarily protected natural areas to be called the Virginia Registry of Natural Areas. Registration of natural areas shall be accomplished through voluntary agreement between the owner of the natural area and the Director. State-owned lands may be registered by agreement with the agency to which the land is allocated. Registry agreements may be terminated by either party at any time, and upon such termination the area shall be removed from the registry.
B. A natural area shall be registered when an agreement to protect and manage the natural area for its specified natural heritage resource has been signed by the owner and the Director. The owner of a registered natural area shall be given a certificate signifying the inclusion of the area in the registry.
§ 29.1-908. Gifts, devises and bequests.
Gifts, devises or bequests, whether personal or real property, and the income derived therefrom, accepted by the Board, shall be deemed as gifts to the Commonwealth, which shall be exempt from all state and local taxes, and shall be regarded as the property of the Commonwealth for the purposes of all tax laws.
29.1-909. Cooperation of state agencies.
All departments, commissions, boards, authorities, agencies, offices and institutions within any branch of state government shall cooperate with the Board in carrying out the purposes of this chapter.
§ 29.1-1000. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Cave" means any naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems, but not including any mine, tunnel, aqueduct, or other manmade excavation, which is large enough to permit a person to enter. The word "cave" includes, or is synonymous with, cavern, sinkhole, natural pit, grotto, and rock shelter.
"Cave life" means any rare or endangered animal or other life form which normally occurs in, uses, visits, or inhabits any cave or subterranean water system.
"Commercial cave" means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry.
"Council" means the Cave Advisory Council.
"Gate" means any structure or device located to limit or prohibit access or entry to any cave.
"Material" means all or any part of any archaeological, paleontological, biological, or historical item including, but not limited to, any petroglyph, pictograph, basketry, human remains, tool, beads, pottery, projectile point, remains of historical mining activity or any other occupation found in any cave.
"Owner" means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land, and including the Commonwealth and any of its agencies, departments, boards, bureaus, commissions, or authorities, as well as counties, municipalities, and other political subdivisions of the Commonwealth.
"Person" means any individual, partnership, firm, association, trust, or corporation or other legal entity.
"Sinkhole" means a closed topographic depression or basin, generally draining underground including, but not restricted to, a doline, uvala, blind valley, or sink.
"Speleogen" means an erosional feature of the cave boundary and includes, or is synonymous with anastomoses, scallops, rills, flutes, spongework, and pendants.
"Speleothem" means a natural mineral formation or deposit occurring in a cave. This includes without limitation stalagmite, stalactite, helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam, column, palette, flowstone. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite, and other similar minerals.
§ 29.1-1001. Cave Advisory Council; qualifications; officers.
A. The Cave Advisory Council is established within the Department of Game and Inland Fisheries and shall consist of the Director of the Department of Historic Resources, or his designee, serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four-year terms. Appointments shall be made on the basis of activity and knowledge in the conservation, exploration, study and management of caves.
B. The Cave Advisory Council shall meet at least three times a year. Six members shall constitute a quorum for the transaction of business. The Council shall annually elect a chairman, vice-chairman and recording secretary and such other officers as the Council deems necessary.
§ 29.1-1002. Powers and duties of Cave Advisory Council.
A. The Advisory Council may perform the following:
1.. Serve as an advisory council to any requesting state agency on matters relating to caves and karst.
2. Conduct and maintain an inventory of publicly owned caves in Virginia.
3. Provide cave management expertise and service to requesting public agencies and cave owners.
4. Maintain a current list of all significant caves in Virginia and report any real and present danger to such caves.
5. Provide cave data for use by state and other governmental agencies.
6. Publish or assist in publishing articles, pamphlets, brochures or books on caves and cave-related concerns.
7. Facilitate data gathering and research efforts on caves.
8. Advise civil defense authorities on the present and future use of Virginia caves in civil defense.
9. Advise on the need for and desirability of a state cave recreation plan.
10. Inform the public about the value of cave resources and the importance of preserving them for the citizens of the Commonwealth.
B. The Cave Advisory Council shall make recommendations to:
1. Protect the rare, unique and irreplaceable minerals and archaeological resources found in caves.
2. Protect and maintain cave life.
3. Protect the ground water flow which naturally occurs in caves from water pollution.
4. Protect the integrity of caves that have unique characteristics or are exemplary natural community types.
5. Inform Interested state agencies concerning any proposed rule, regulation or administrative policy which directly affects the use and conservation of caves in this Commonwealth.
6. Study any matters of special concern relating to caves and karst.
§ 29.1-1003. Permits for excavation and scientific investigation; how obtained; penalties.
A. In addition to the written permission of the owner required by § 29.1-1004, a permit shall be obtained from the Department, prior to excavating or removing any archaeological, paleontological, prehistoric, or historic feature of any cave. The Department shall issue a permit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section. The permit shall be issued for a period of two years and may be renewed upon expiration. Such permit shall not be transferable; however, the provisions of this section shall not preclude any person from working under the direct supervision of the permittee.
B. All field investigations, explorations, or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects.
C. A person applying for a permit pursuant to this section shall:
1. Be a historic, scientific, or educational institution, or a professional or amateur historian, biologist, archaeologist or paleontologist, who is qualified and recognized in these areas of field investigations.
2. Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.
3. Provide data and results of any completed excavation, study, or collection at the first of each calendar year.
4. Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned land.
5. Carry the permit while exercising the privileges granted.
D. Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class 1 misdemeanor. Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor, and the permit shall be revoked.
E. The provisions of this section shall not apply to any person in any cave located on his own property.
§ 29.1-1004. Permission of owner; vandalism; penalties.
A. It shall be unlawful for any person, without express, prior, written permission of the owner, to:
1. Break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural material which may be found therein, whether attached or broken, including speleothems, speleogens, and sedimentary deposits. The provisions of this section shall not prohibit minimal disturbance for scientific exploration.
2. Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.
3. Remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this chapter.
4. Excavate, remove, destroy, injure, deface, or in any manner disturb any burial grounds, historic or prehistoric resources, archaeological or paleontological site or any part thereof, including relics, inscriptions, saltpeter workings, fossils, bones, remains of historical human activity, or any other such features which may be found in any cave, except those caves owned by the Commonwealth or designated as Commonwealth archaeological sites or zones, and which are subject to the provisions of the Virginia Antiquities Act (§ 10.1-2300 et seq.).
B. Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section.
C. Any violation of this section shall be punished as a Class 1 misdemeanor.
D. The provisions of this section shall not apply to an owner of a cave on his own property.
§ 29.1-1005. Pollution; penalties.
A. It shall be unlawful for any person, without express, prior, written permission of the owner, to store, dump, litter, dispose of or otherwise place any refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans, in any cave or sinkhole. It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave.
B. Any violation of this section shall be punished as a Class 1 misdemeanor.
§ 29.1-1006. Disturbance of naturally occurring organisms; scientific collecting permits; penalties.
A. It shall be unlawful to remove, kill, harm, or otherwise disturb any naturally occurring organisms within any cave, except for safety or health reasons; however, scientific collecting permits may be obtained from the Department.
B. Any violation of this section shall be punished as a Class 3 misdemeanor.
§ 29.1-1007. Sale of speleothems; penalties.
It shall be unlawful for any person to sell or offer for sale any speleothems in this Commonwealth, or to export them for sale outside the Commonwealth. Any violation of this section shall be punished as a Class 1 misdemeanor.
§ 29.1-1008. Liability of owners and agents limited; sovereign immunity of Commonwealth not waived.
Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave, notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made.
Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards, departments, bureaus, or agencies.
§ 58.1-345. Nongame wildlife and natural areas voluntary contribution.
A. Any individual eligible to receive a tax refund pursuant to § 58.1-309
may designate at the time of filing his return a specified dollar amount of
such refund, such amount to be not less than one dollar, to be used for the
conservation and management of endangered species and ,
other nongame wildlife, and natural areas. "Nongame wildlife"
includes protected wildlife, endangered and threatened wildlife, aquatic
wildlife, specialized habitat wildlife both terrestrial and aquatic, and
mollusks, crustaceans, and other invertebrates under the jurisdiction of the
Board of Game and Inland Fisheries.
B. All moneys collected pursuant to this section or through voluntary payments by taxpayers designated for nongame wildlife and natural area purposes over refundable amounts shall be deposited into the state treasury.
C. The Tax Commissioner shall determine annually the total amount designated on
all state income tax returns and shall report the same to the State Treasurer,
who shall credit that amount to a special fund known as the game protection
fund and which shall be accounted for as a separate part thereof to be
designated as the nongame cash fund. All moneys so deposited in the nongame
cash fund shall be used by the Commission Department of
Game and Inland Fisheries for the purposes set forth herein.
§ 58.1-345.1. Open space recreation and conservation voluntary contribution.
A. For all taxable years beginning on or after January 1, 1993, but before January 1, 1996, any individual eligible to receive a tax refund pursuant to § 58.1-309 may designate at the time of filing his return a specified dollar amount of such refund, no less than one dollar, to be used by the Department of Conservation and Recreation for the following purposes:
1. To acquire land for recreational purposes and preserve
natural areas;
2. To develop, maintain and improve state park sites and facilities;
and
3. 2. To provide funds to local public bodies pursuant to
the Virginia Outdoor Fund Grants Program.
B. The Tax Commissioner shall determine annually the total amount designated on state income tax returns as voluntary contributions, and shall report such amount to the State Treasurer. All voluntary contributions collected pursuant to subsection A of this section shall be deposited into the state treasury. The State Treasurer shall credit the total amount collected to a special fund entitled the "Open Space Recreation and Conservation Fund." The moneys in the fund shall be allocated according to the following formula and used for the following purposes:
1. One-half of such fund shall be paid to the Department of Conservation and
Recreation for the purposes established in subdivisions A 1 and 2 of this
section of developing, maintaining,and improving state
park and other property sites and facilities
owned by the Department of Conservation and Recreation; and
2. One-half of the moneys in such fund shall be paid to local public bodies pursuant to the Virginia Outdoor Fund Grants Program.
2. That Article 3 (§§ 10.1-209 through 10.1-217) of Chapter 2 of Title 10.1 and Chapter 10 (§§ 10.1-1000 through 10.1-1008) of Title 10.1 are repealed.
3. That all existing records and equipment purchased between July 1, 1989, and June 30, 1996, with general or special funds allocated for the operation of the Virginia Natural Area Preserves Act and the Cave Protection Act, including the Division of Natural Heritage of the Department of Conservation and Recreation, shall be transferred from the Department of Conservation and Recreation to the Department of Game and Inland Fisheries. Records and equipment transfer shall be based upon an inventory prepared by the Department of Conservation and Recreation identifying specific items and funding source and provided to the Department of Game and Inland Fisheries on or before July 1, 1996.
4. That all cave protection permits issued by the Director of the Department of Conservation and Recreation under § 10.1-1003 shall remain in full force and effect until the normally scheduled expiration date. All cave protection permits shall be transferred to the administration of the Board and Department of Game and Inland Fisheries.
5. That the General Assembly hereby specifically, and in accordance with § 10.1-109, approves the transfer of those real properties owned in fee simple and dedicated as Natural Area Preserves which are currently held and managed by the Department of Conservation and Recreation for the Commonwealth of Virginia. The properties are to be transferred in accordance with § 2.1-504.3 from the Department of Conservation and Recreation to the Board of Game and Inland Fisheries, subject to the approval of the Governor. The Natural Area Preserve properties to be transferred are: The Pinnancle in Russell County, Big Spring Bog in Grayson County, Poor Mountain in Roanoke County, Johnson Creek in Alleghany County, Bushmill Stream in Northumberland County, Bethel Beach in Mathews County, North Landing River in the Cities of Chesapeake and Virginia Beach, Wreck and Bone Island in Northampton County, Hughlett Point in Lancaster County, William B. Trower Bayshore in Northampton County, and Northwest River in the City of Chesapeake, and other natural area preserves purchased by the Department of Conservation and Recreation prior to July 1, 1996.
6. That the General Assembly in accordance with § 10.1-109, approves the transfer of certain real properties owned in fee simple and designated as Natural Areas which are currently held and managed by the Department of Conservation and Recreation for the Commonwealth of Virginia. The properties to be transferred in accordance with § 2.1-504.3 from the Department of Conservation and Recreation to the Board of Game and Inland Fisheries, subject to the approval of the documents as to form and content by the Attorney General and the approval of the Governor. The Natural Areas to be transferred are: Goshen Pass in Rockbridge County, Lick Creek in Bland and Smyth Counties, Parker's Marsh in Accomack County, and the Charles C. Steirley Heron Rookery in Sussex County.
7. That the General Assembly in accordance with § 10.1-109, approves the transfer of certain interests in real properties represented by the Deed of Dedication taken in accordance with the Virginia Natural Area Preserves Act under § 10.1-213 and the Virginia Open-Space Land Act (§ 10.1-1700 et seq.) now held by the Department of Conservation and Recreation for the Commonwealth and designated as Natural Area Preserves. The Deeds of Dedication are to be transferred in accordance with § 2.1-504.3 from the Department of Conservation and Recreation to the Board of Game and Inland Fisheries, subject to the approval of the Governor. The less than fee simple dedicated interest Natural Areas rights to be transferred are: The Blackwater Ecological Preserve in Isle of Wight County, and Grafton Ponds in York County. The Board of Game and Inland Fisheries shall coordinate notifcation of this change with the landowners holding the underlying fee simple.
8. That all existing contracts, grants and other legally binding documents affected by the provisions of this act entered into by the Division of Natural Heritage of the Department of Conservation and Recreation for the Department remain in full force and effect, but administrative responsibility for the Commonwealth of Virginia for such documents is transferred from the Department of Conservation and Recreation to the Board of Game and Inland Fisheries.