Maryland Natural Resources Section 5-903

      (a)      (1)      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.

            (2)      (i)      Of the remaining funds not appropriated under paragraph (1) of this subsection, one half of the funds shall be used for recreation and open space purposes by the Department and the Historic St. Mary's City Commission. Except as otherwise provided in this section, any funds the General Assembly appropriates to the State under this subsection shall be used only for land acquisition projects.

                  (ii)      At least $1,500,000 of the State's share of funds available under 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.

                  (iii)      1.      A portion of the State's share of funds available under this Program not to exceed the amounts specified below may be transferred by an appropriation in the State budget to the Rural Legacy Program under Subtitle 9A of this title:

                        A.      In fiscal year 1998, $4 million;

                        B.      In fiscal year 1999, $5 million;

                        C.      In fiscal year 2000, $6 million;

                        D.      In fiscal year 2001, $7 million; and

                        E.      In fiscal year 2002 and each fiscal year thereafter, $8 million.

                        2.      In each fiscal year, up to $2 million of the funds transferred under this subparagraph to the Rural Legacy Program may be used to purchase zero coupon bonds for easements.

                        3.      Sums allocated to the Rural Legacy Program may not revert to the General Fund of the State.

      (b)      Of the remaining funds not appropriated under subsection (a)(1) of this section, the General Assembly shall appropriate the other half of the funds to assist local governing bodies in acquisition and development of land for recreation and open space purposes.

      (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.

            (2)      The Secretary of the Department of Planning and the Secretary shall serve as advisers to the committee.

            (3)      The committee shall meet at least annually to review and update the apportionment formula. In determining the allocation formula, the committee shall take into account for each subdivision:

                  (i)      Current population;

                  (ii)      Projected population; and

                  (iii)      Other factors it deems desirable.

            (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.

            (5)      Before adopting an apportionment formula and before allocating funds for any year, the committee shall notify the governing bodies of every affected subdivision of its intended action and, after reasonable notice, afford an opportunity for hearings on the apportionment or allocation.

      (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 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)      Notwithstanding the provisions of §§ 4-411 through 4-414 of the State Finance and Procurement Article, 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.

            (3)      An agreement under this subsection shall be subject to approval by the Board of Public Works under § 4-415 of the State Finance and Procurement Article.

      (f)      (1)      Subject to the limitation under paragraph (2) of this subsection, the Department may use acquisition funds to stabilize the structural integrity of improvements existing on land at the time of acquisition.

            (2)      The costs to stabilize the structural integrity of improvements existing on land at the time of acquisition may not exceed 10 percent of the purchase price of the land.

      (g)      (1)      For the fiscal year commencing July 1, 1990, 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)(3) of the Tax - Property Article may be used for capital improvements on land owned by the State for the use of the Department if the improvements are:

                  (i)      Approved in the State budget; and

                  (ii)      Compatible with:

                        1.      Any master plan developed for the land; and

                        2.      The natural features of the land.

            (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.

                  (iv)      The only wages that can be paid with the portion of the State's share of funds authorized under subparagraphs (ii) and (iii) of this paragraph are the wages of employees in the State forests and parks.

            (3)      If the General Assembly amends the Budget Bill to strike out an improvement or operating costs under this subsection submitted by the Governor, the Governor may consider reallocating the funds through a supplemental budget for the same fiscal year:

                  (i)      To finance specific alternative land acquisition, development projects, or operating costs; or

                  (ii)      To the Advance Option and Purchase Fund established under § 5-904(b) of this subtitle.