West Virginia Code of State Rules Agency 205 - Outdoor Heritage Conservation Fund
Here’s an overview of Agency 205 – Outdoor Heritage Conservation Fund, as structured under West Virginia's Code of State Rules:
📘 Structure of Title 205, Series 205‑01 – Rules of the Outdoor Heritage Conservation Fund
This rule series (effective July 1, 2010) outlines the framework governing the Fund and is current through March 21, 2025 (law.cornell.edu, regulations.justia.com). It consists of the following sections:
§ 205‑1‑1: General – Overview and statutory authority.
§ 205‑1‑2: Definitions – Key terms used throughout the rules.
§ 205‑1‑3: Board of Trustees – Membership, roles, and structure of the governing board.
§ 205‑1‑4: Availability of Grants – Eligibility criteria and types of grants.
§ 205‑1‑5: Competitive Grant Applications & Process – Guidelines for applying.
§ 205‑1‑6: Review, Evaluation & Award – How proposals are evaluated and selected.
§ 205‑1‑7: Grant Awards – Terms, conditions, and allowable uses.
§ 205‑1‑8: Stewardship Reporting Requirements – Obligations for recipients.
§ 205‑1‑9: Audit and Compliance – Oversight and financial integrity measures.
§ 205‑1‑10: Fund Acquisition, Acceptance, Holding & Transfer of Interests – Rules for property transactions.
§ 205‑1‑11: Issuance of Revenue Bonds – Procedures for financing through bonds issued by the WV Economic Development Authority (law.cornell.edu).
Legislative Context & Statutory Duties
Under West Virginia Code § 5B‑2G‑6, the Board of Trustees administering the Fund is statutorily charged to:
Promote land conservation and disseminate information.
Develop implementing guidelines.
Secure additional funding (state, federal, private).
Allocate recording‑fee revenue: 50% to the WV Division of Natural Resources (for perpetual land interests); 50% for competitive grants or to cover revenue‑bond expenses (code.wvlegislature.gov).
File an annual report by August 31 detailing receipts, disbursements, grants awarded, and property transactions.
Formulate and propose legislative rules via the state Administrative Procedures Act (code.wvlegislature.gov).
Practical Use & Operations
Purpose: Support conservation of wildlife habitats, forests, farmland, and recreation lands aligning with the WV Wildlife Conservation Action Plan (commerce.wv.gov).
Grant cycles: Example—FY 2023 applications were accepted through December 31, 2023 for both large (> $25,000) and small (≤ $25,000) grants (wvdnr.gov).
Board composition: 11 members from land trusts, forestry and natural resources agencies, outdoor recreation/sports, and scientific/public health fields (commerce.wv.gov).
🔍 Final Summary
Administrative Rules: Detailed in Title 205, Series 205‑01 (11 sections).
Statute Basis: WV Code § 5B‑2G‑6 defines purpose, duties, funding, reporting, and rule‑making.
Operations: Governed by quarterly‑updated regulations; overseen by a multidisciplinary Board; focused on land‐protection grants and conservation property transactions.
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