10.1-611.1 - Soil and Water Conservation District Dam Maintenance, Repair, and Rehabilitation Fund established; Department to manage; Board to expend moneys; regulations. - Virginia Statutes

§ 10.1-611.1. Soil and Water Conservation District Dam Maintenance, Repair,and Rehabilitation Fund established; Department to manage; Board to expendmoneys; regulations.

A. There is hereby created in the state treasury a special nonreverting fundto be known as the Soil and Water Conservation District Dam Maintenance,Repair, and Rehabilitation Fund, hereafter referred to as "the Fund." TheFund shall be comprised of moneys appropriated to the Fund by the GeneralAssembly and any other moneys designated for deposit to the Fund from anysource, public or private. The Fund shall be established on the books of theComptroller and the moneys shall be paid into the state treasury and creditedto the Fund. Interest earned on moneys in the Fund shall remain in the Fundand be credited to it. Any moneys remaining in the Fund, including interestthereon, at the end of each fiscal year shall not revert to the general fundbut shall remain in the Fund. Moneys in the Fund shall be used solely for (i)the maintenance and repair of any dams owned by soil and water conservationdistricts and (ii) the rehabilitation and major repair of Class I and ClassII dams owned by soil and water conservation districts, in order to bringsuch dams into compliance with regulations promulgated pursuant to Article 2(§ 10.1-604 et seq.) of Chapter 6 of this title. Expenditures from the Fundmade under clause (ii) of this subsection may include, but are not limitedto, the following repairs to the infrastructure of a dam: increasing theheight of a dam, modifying the spillway, and reducing wave erosion of a dam'sinside face. Expenditures and disbursements from the Fund shall be made bythe State Treasurer on warrants issued by the Comptroller upon writtenrequest signed by the Director of the Department of Conservation andRecreation.

B. The Fund shall be administered and managed by the Department ofConservation and Recreation, subject to the right of the Board, followingconsultation with the Department of Conservation and Recreation, to directthe distribution of moneys in the Fund to particular soil and waterconservation districts.

C. The Board is authorized to promulgate regulations for the properadministration of the Fund. Such regulations may include, but are not limitedto, the type and amount of financial assistance, the terms and conditions ofthe assistance, and project eligibility criteria.

(1997, c. 356; 2000, cc. 23, 205.)