§ 5-903. Use and apportionment of funds
West's Annotated Code of MarylandNatural ResourcesEffective: June 1, 2023
Effective: June 1, 2023
MD Code, Natural Resources, § 5-903
§ 5-903. Use and apportionment of funds
(a)(1)(i) Of the funds distributed to Program Open Space under § 13-209 of the Tax--Property Article, up to $3,000,000 may be transferred by an appropriation in the State budget, or by an amendment to the State budget under Title 7, Subtitle 2 of the State Finance and Procurement Article, to the Maryland Heritage Areas Authority Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used for the purposes provided in that subtitle.
(ii) 1. As specified in subsubparagraph 2 of this subparagraph, a portion of the State's share of funds available under subparagraph (i)1A of this paragraph for 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.
(iv) In addition to the $3,000,000 under paragraph (1)(i) of this section that may be transferred to the Maryland Heritage Areas Authority Financing Fund, up to $3,000,000 of the State's share of funds available under subparagraph (i)1A of this paragraph may be transferred by an appropriation in the State budget or by an amendment to the State budget under Title 7, Subtitle 2 of the State Finance and Procurement Article to the Maryland Heritage Areas Authority Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used for the purposes provided in that subtitle.
(b)(1) The General Assembly shall appropriate the remaining funds not appropriated under subsection (a) of this section to assist local governing bodies in acquisition and development of land for recreation and open space purposes, including the provision of public access to the land.
(2) Except as provided in paragraph (3) of this subsection, funds appropriated under paragraph (1) of this subsection for development of land for recreation and open space purposes may be used for indoor or outdoor recreation and open space purposes, including the construction of indoor or outdoor recreational facilities such as aquatic, golf, community, and nature centers.
(c)(1) 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.
(4) 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 10-year period any subdivision shall be allocated in the aggregate the funds it would have been entitled to receive if able to utilize them.
(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 the 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.
(2) Subject to the availability of funds and in accordance with other provisions of this article regarding open space and wildland areas, the Department may enter into agreements with a land trust for the State to acquire title to or an interest or right in property owned by the land trust or property on which the land trust holds an option or a contract to purchase.
(f)(1) Subject to the limitation under paragraph (2) of this subsection, the Department may use acquisition funds to:
(g)(1) Any amount appropriated in the State budget, and for each subsequent fiscal year, up to 25 percent of the State's share of funds that would be available under the program if 100 percent of the funds not required under § 13-209(b) of the Tax--Property Article were available for distribution as provided in § 13-209(d) of the Tax--Property Article may be used for capital improvements on land owned by the State for the use of the Department, the Maryland Historical Trust for museums operated by the Trust, or the Historic St. Mary's Commission, if the improvements are:
(2)(i) For the fiscal year commencing July 1, 1996, up to 12.5% of the State's share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.
(ii) For the fiscal year commencing July 1, 1997, up to $1,000,000 of the State's share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.
(iii) For the fiscal year commencing July 1, 1998, and all subsequent fiscal years, up to $1,200,000 of the State's share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.
(h) In allocating the State's share of funds under this section, the Secretary shall consider the following land conservation priorities, notwithstanding other priorities specified in this title:
Credits
Added by Acts 1973, 1st Sp. Sess., c. 4, § 1, eff. Jan. 1, 1974. Amended by Acts 1978, c. 820; Acts 1979, c. 380; Acts 1982, c. 911, § 10; Acts 1984, c. 285, § 2; Acts 1987, c. 303; Acts 1988, c. 6, § 1; Acts 1989, c. 5, § 1; Acts 1989, c. 540, § 1; Acts 1990, c. 63; Acts 1991, c. 55, § 6; Acts 1992, c. 22, § 1; Acts 1992, c. 575; Acts 1993, c. 5, § 1; Acts 1994, c. 662, § 6, eff. Oct. 1, 1994; Acts 1996, c. 601, § 1, eff. Oct. 1, 1996; Acts 1996, c. 659, § 1, eff. July 1, 1996; Acts 1997, c. 672, § 1, eff. July 1, 1997; Acts 1997, c. 757, § 1, eff. July 1, 1997; Acts 1997, c. 758, § 1, eff. July 1, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2000, c. 209, § 2, eff. July 1, 2000; Acts 2005, c. 209, § 1, eff. Oct. 1, 2005; Acts 2005, c. 473, § 1, eff. July 1, 2005; Acts 2007, c. 270, § 1, eff. June 1, 2007; Acts 2007, 1st Sp. Sess., c. 2, § 5, eff. July 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2009, c. 175, § 1, eff. Oct. 1, 2009; Acts 2009, c. 206, § 1, eff. May 7, 2009; Acts 2009, c. 419, § 1, eff. June 1, 2009; Acts 2009, c. 487, § 1, eff. June 1, 2009; Acts 2011, c. 146, § 1, eff. Oct. 1, 2011; Acts 2011, c. 397, § 1, eff. June 1, 2011; Acts 2011, c. 410, § 1, eff. July 1, 2011; Acts 2013, c. 425, § 1, eff. June 1, 2013; Acts 2014, c. 452, § 1, eff. Oct. 1, 2014; Acts 2016, c. 10, § 1, eff. July 1, 2016; Acts 2016, c. 100, § 1, eff. April 12, 2016; Acts 2017, c. 407, § 1, eff. July 1, 2017; Acts 2017, c. 660, § 1, eff. July 1, 2017; Acts 2017, c. 661, § 1, eff. July 1, 2017; Acts 2018, c. 10, § 1, eff. June 1, 2018; Acts 2022, c. 39, § 1, eff. June 1, 2022; Acts 2023, c. 49, § 2, eff. April 11, 2023; Acts 2023, c. 487, § 1, eff. June 1, 2023.
Formerly Art. 66C, § 357D.
MD Code, Natural Resources, § 5-903, MD NAT RES § 5-903
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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