2013 Maryland Code
NATURAL RESOURCES
§ 5-212 - Forest or Park Reserve Fund

§5-212.

(a) In this section, “Fund” means the Forest or Park Reserve Fund.

(b) There is a Forest or Park Reserve Fund in the Department.

(c) The purpose of the Fund is to enable the Department to purchase and manage in the name of the State lands suitable for forest culture, reserves, watershed protection, State parks, scenic preserves, historic monuments, parkways, and State recreational reserves.

(d) The Department shall administer the Fund.

(e) (1) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

(2) The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

(f) The Fund consists of:

(1) Except as provided in § 5-307(f)(4) of this title, any money obtained from the State forest reserves, State parks, scenic reserves, parkways, historic monuments, and recreation areas;

(2) Revenue distributed to the Fund from fines collected under § 5-1302 of this title; and

(3) Revenue received by the Fund under § 5-207(b) of this subtitle.

(g) (1) The Fund may be used only for:

(i) 1. Purchasing and managing in the name of the State lands suitable for forest culture, reserves, watershed protection, State parks, scenic preserves, historic monuments, parkways, and State recreational reserves; and

2. Helping to offset the costs to the Forest and Park Service for developing and implementing a forest health emergency contingency program under § 5-307 of this title;

(ii) Subject to paragraph (2) of this subsection, payments to counties in the amount of:

1. If the State forest or park reserve comprises less than 10% of the total land area of the county, a sum equal to 15% of the revenue derived from the State forest or park reserve located in that county; and

2. If the State forest or park reserve comprises 10% or more of the total land area of the county, a sum equal to 25% of the revenue derived from the State forest or park reserve located in that county; and

(iii) Administrative costs calculated in accordance with § 1-103(b)(2) of this article.

(2) For fiscal years 2012 and 2013 only, the payments under paragraph (1)(ii) of this subsection shall be based only on the revenue derived from sales of timber.

(h) (1) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any investment earnings of the Fund shall be credited to the General Fund of the State.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

§ 5-212 - 1. Forest and Park Concession Account

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Account" means the Forest and Park Concession Account.

(3) (i) "Concession operations" means activities within a State forest or park that:

1. Raise revenue;

2. Function under a separate budget system; and

3. Supplement the operation of the facility where it is located.

(ii) "Concession operations" includes:

1. Food concessions;

2. Boat rentals;

3. Gift shops;

4. Marine sales;

5. Snack bars; and

6. Camp stores.

(b) Established. -- There is a Forest and Park Concession Account in the Department.

(c) Purpose. -- The purpose of the Account is to finance:

(1) The maintenance and operation of concession operations; and

(2) The functions of State forests and parks.

(d) Administration. -- The Department shall administer the Account.

(e) Management; status. --

(1) The Treasurer shall hold the Account separately and the Comptroller shall reconcile the Account.

(2) The Account is a special, nonlapsing account that is not subject to § 7-302 of the State Finance and Procurement Article.

(f) Contents. -- The Account consists of any money derived from concession operations in State forests and parks.

(g) Uses of Account. --

(1) Except as provided in paragraph (2) of this subsection, the Account shall be used only for:

(i) The maintenance and operation of concession operations;

(ii) The function of State forests and parks to the extent of the projected balance of the Account from the prior fiscal year; and

(iii) Administrative costs calculated in accordance with § 1-103(b)(2) of this article.

(2) (i) Subject to subparagraph (ii) of this paragraph, each county in which any State forest or park is located shall be paid annually out of the Account:

1. If the State forest or park reserve comprises less than 10% of the total land area of the county, a sum equal to 15% of the net revenue derived from concession operations within a State forest or park located in that county; or

2. If the State forest or park reserve comprises 10% or more of the total land area of the county, a sum equal to 25% of the net revenue derived from concession operations within a State forest or park located in that county.

(ii) For fiscal years 2012 and 2013 only, the payments under subparagraph (i) of this subsection may not be made.

(h) Investment. --

(1) The Treasurer shall invest the money of the Account in the same manner as other State money may be invested.

(2) Any investment earnings of the Account shall be credited to the General Fund of the State.

(i) Expenditures. --

(1) Expenditures from the Account may be made only in accordance with the State budget.

(2) The budget submitted by the Governor to the General Assembly shall include the revenues and expenditures of the Account in the same detail as other special fund accounts administered by the Department.