Code of Virginia

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Code of Virginia
Title 10.1. Conservation
Chapter 22. Historic Resources
12/1/2022

§ 10.1-2211.2. Disbursement of funds appropriated for caring for historical African American cemeteries and graves.

A. For purposes of this section:

"Fund" means the Historical African American Cemeteries and Graves Fund created pursuant to § 10.1-2211.3.

"Historical African American cemetery" means a cemetery that was established prior to January 1, 1948, for interments of African Americans.

"Qualified organization" means a charitable corporation, charitable association, or charitable trust that has been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and whose primary purpose is the preservation of historical cemeteries and graves, any person or locality that owns a historical African American cemetery, or any locality whose purpose for applying for funding pursuant to this section is to maintain a neglected historical African American cemetery, or a portion thereof, that is located within its jurisdictional bounds.

B. At the direction of the Director, the Comptroller of the Commonwealth shall draw an annual warrant upon the State Treasurer from any sum that may be provided to the Department in the general appropriation act for the purpose of maintaining qualifying cemeteries and graves pursuant to this section. Any representative of a qualified organization desiring to receive funding from such appropriation for the maintenance of qualifying cemeteries and graves pursuant to this section shall submit an application to the Department on or before May 30 each year. Such appropriations shall be allocated on the basis of the number of graves, monuments, and markers in a cemetery of African Americans who were interred in such cemetery prior to January 1, 1948, the dates to be determined by reference to grave markers or, at the discretion of the Director, other historical records. Such number of graves, monuments, and markers, as documented by the qualified organization, shall be multiplied by the rate of $5 or the average actual cost of routine maintenance of a grave, monument, or marker, whichever is greater, to determine the amount of the allocation. The Department shall determine the average actual cost of routine maintenance of a grave, monument, or marker in a biennial survey of at least four properly maintained cemeteries, each located in a different geographical region of the Commonwealth. The Director shall deposit any appropriated funds that are not disbursed during the same fiscal year into the Fund.

aIN THE COUNTY OF:NUMBER:
bArlington
c

Calloway Cemetery

29
d

Lomax Cemetery

66
e

Mount Salvation Cemetery

29
fBuckingham
g

Stanton Family Cemetery

36
hHenrico
i

East End Cemetery

4,875
jLoudoun
k

African-American Burial Ground for the Enslaved at Belmont

44
l

Mt. Zion Old School Baptist Church Cemetery

33
mMontgomery
n

Wake Forest Cemetery

40
0

Westview Cemetery

47
pPulaski
q

New River Cemetery

33
r

West Dublin Cemetery

44
sIN THE CITY OF:
tAlexandria
u

Baptist Cemetery of the African American Heritage Park

28
v

Contrabands and Freedmen Cemetery

631
w

Douglass Cemetery

83
x

Lebanon Union Cemetery

53
y

Methodist Protestant Cemetery

1,134
z

Penny Hill Cemetery

14
aaCharlottesville
ab

Daughters of Zion Cemetery

192
acChesapeake
ad

Cuffeytown Cemetery

52
aeHampton
af

Bassette's Cemetery

212
ag

Elmerton Cemetery

339
ah

Good Samaritan Cemetery

37
ai

Pleasant Shade Cemetery

29
aj

Queen Street Cemetery

14
ak

Tucker Family Cemetery

15
al

Union Street Cemetery

125
amHarrisonburg
an

Newtown Cemetery

400
aoMartinsville
ap

Matthews Cemetery

8
aq

The People's Cemetery

178
ar

Smith Street Cemetery

9
asPortsmouth
at

Mt. Calvary Cemetery

266
auRadford
av

Mountain View Cemetery

91
awRichmond
ax

Evergreen Cemetery

2,100
aySuffolk
az

Oak Lawn Cemetery

468

C. In addition to any sum provided to a qualified organization as set forth in subsection B, the Director may disburse funds to any qualified organization to fund maintenance and care of additional historical African American graves in the Commonwealth that have been certified by the Department and documented in the Department's cultural resources database. Funds disbursed under this subsection shall be disbursed at the rate set forth in subsection B.

D. A qualified organization receiving funds shall expend the funds for the routine maintenance of its historical African American cemetery, associated graves, and graves certified by the Department and documented in the Department's cultural resources database and the erection of and caring for markers, memorials, and monuments to the memory of such African Americans.

E. Each qualified organization, through its proper officer, shall after July 1 of each year submit to the Director a certified statement that the funds appropriated to the organization during the preceding fiscal year were or will be expended for the purposes set forth in subsection D. No organization that fails to comply with any of the requirements of this section shall receive moneys allocated under this section for any subsequent fiscal year until the organization fully complies with the requirements.

F. In addition to funds that may be provided pursuant to subsection B or C, any organization that receives funds pursuant to subsection B or C may apply to the Director for a grant to perform extraordinary maintenance, renovation, repair, or reconstruction of any of its historical African American cemeteries and graves. However, a locality that is eligible for funding pursuant to subsection B or C may apply to the Director for such a grant without having received funding pursuant to subsection B or C. A locality's application for the grant shall not preclude another qualified organization from applying for funding pursuant to subsection B or C for the same cemetery or grave. A grant made pursuant to this subsection shall be made from any appropriation made available by the General Assembly for such purpose or from the Fund.

G. Any locality may receive and hold funds drawn pursuant to subsection B or C on behalf of any qualified organization until such time as the organization is able to receive or utilize such funds. No local matching funds shall be required for any grants made pursuant to this section.

H. The owner of a historical African American cemetery shall reasonably cooperate with a qualified organization that receives funds pursuant to subsection B or C.

2017, c. 270; 2018, cc. 428, 433, 434, 614, 818; 2019, cc. 184, 251, 252, 257, 260, 268; 2020, cc. 82, 83, 455, 456; 2022, cc. 187, 450, 540, 541.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.