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1999 SESSION
999721805Patrons-- Baker, Abbitt, Albo, Day, Guest, Jackson, Katzen, Kilgore, Tate, Thomas, Weatherholtz and Williams; Senators: Bolling, Hawkins, Marye and Puckett
Be it enacted by the General Assembly of Virginia:
1. That § 10.1-1107 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-1107. Purchase of lands and acceptance of gifts for forestry purposes by the State Forester; management; definition of state forests.
A. The State Forester shall have authority to purchase in the name of the
Commonwealth lands suitable for state forests. He may accept for state forest
purposes gifts of land and money to the Commonwealth for forestry purposes,
which gifts shall be absolute, except that [ , devises ] and bequests of real
and personal property as well as endowments, funds, and grants from any source. Unless otherwise
restricted by the terms of the gift [ , devise ] or bequest, the State
Forester is authorized, in the name of the Commonwealth, to convey or lease any such real property
given [ or bequeathed to it, subject to it, with ] the consent and approval
of the Governor and the General Assembly and the approval of the instrument as to
form by the Attorney General. Mineral and mining rights over and under
land donated may be reserved by the donors and the land shall be administered
as state forests.
B. The State Forester shall have the power and authority to accept gifts, donations and contributions of land, and to enter into agreements for the acquisition by purchase, lease or otherwise with, the United States, or any agency or agent thereof, of lands for state forests.
C. The State Forester shall have authority to provide for the management,
development and utilization of any lands purchased, leased or otherwise
acquired, to sell or otherwise dispose of products on or derived from the land,
and to enforce regulations governing state forests, the care and maintenance
thereof, and the prevention of trespassing thereon, and such other regulations
deemed necessary to carry out the provisions of this section. Approval by the [
Governor or ] General Assembly shall not be required for the sale or harvesting
of timber [ or minerals ] on state forest lands or other lands over which the
Department has supervision and control.
D. In exercising the powers conferred by this section, the State Forester shall not obligate the Commonwealth for any expenditure in excess of any funds either donated or appropriated to the Department for such purpose.
E. One-fourth of the gross proceeds derived from any lands so acquired by the State Forester shall be paid annually by the State Forester to the counties in which such lands are respectively located, and shall become a part of the general funds of such counties.
F. As used in this chapter unless the context requires a different meaning, "state forest" means lands acquired for the Commonwealth by purchase, gift or lease pursuant to this section. These lands shall be managed and protected for scientific, recreational and educational purposes. Uses of the state forests shall include, but not be limited to, research, demonstrations, tours, soil and water management and protection, hunting, fishing and other recreational activities.
G. All acquisitions of real property under this section shall be subject to the provisions of § 2.1-504.2. The Attorney General shall approve the form of the instruments prior to execution.