West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant" means an eligible grant
				recipient that has submitted an Application to the Board.
2.2. "Application" means a written request
				for a grant by one or more Eligible Grant Recipients submitted to the Board in
				a form and manner to be prescribed by the Board.
2.3. "Board" means the board of trustees of
				the Outdoor Heritage Conservation Fund.
2.4. "Board Chair" means the chairperson of
				the board of trustees of the Outdoor Heritage Conservation Fund.
2.5. "Conservation purpose" means the
				conservation of land for outdoor recreation by the public, for conservation of
				natural plant and wildlife habitat or similar ecosystem, for conservation of
				forestland and other open spaces, for conservation of land of historical or
				cultural significance, or as further defined under conservation criteria
				pursuant to W. Va. Code §
									5B-2G-9(d).
2.6. "Donation" means funds, assets, and
				services, which include, but are not limited to, the provision of cash, grants,
				real property, real property interests, facilities, and in-kind contributions
				such as labor, equipment, and materials contributed to the project.
2.7. "Donations of interests in real
				property" means a voluntary transfer of title and possession of real property
				interests, to include both fee and less-than-fee interests of real property,
				including but not limited to conservation easements, at less than fair market
				value, including without consideration.
2.8. "Eligible grant recipient" means
				Division of Natural Resources; Division of Forestry; or a charitable
				corporation, charitable association or charitable trust registered with the
				Secretary of State and exempt from taxation pursuant to Section 501(c)(3) of
				the Internal Revenue Code of 1986 [ Public Law 99-514,  26 U.S.C.
				§501 (c)(3)] or other federal state statutes or rules, the purposes or
				powers of which include retaining or protecting the natural, scenic,
				agricultural, forest, recreational, or open-space use; protecting natural
				resources and wildlife; maintaining or enhancing land, air or water quality; or
				preserving the historical, architectural, archaeological or cultural aspects of
				real property, as defined in section three, article twelve, chapter twenty of
				this code, and that has as a primary part of its mission to acquire interests
				in real property for conservation purposes.
2.9. "Fund" means the West Virginia Outdoor
				Heritage Conservation Fund.
2.10.
				"Fund staff" means the individual or individuals charged by the Board with
				management and administrative duties pertaining to the Fund, including but not
				limited to grant procedures and Board matters, and serving in such capacity at
				the will and pleasure of the Board.
2.11. "Grant agreement" means the agreement
				that describes terms and conditions of a Grant Award that is binding on the
				grant recipient and on the Fund and that must be signed before the grant award
				is made to the grant recipient.
2.12. "Grant award" means monies from the
				Fund awarded to a grant recipient pursuant to a Grant Agreement.
2.13. "Grant period" means the time period
				from the date that the Grant Agreement is executed by the Board through the
				ending date listed in the Grant Agreement, and any extensions granted by the
				Board.
2.14. "Phased project" means
				a project which has been approved for a grant by the Board and will be
				completed in stages over more than one grant cycle. A phased project is
				generally characterized as a unified project which, as a result of numerous
				interests and/or owners in real property, or funding limitations, causes the
				project to be difficult to complete during a single grant cycle of the Fund and
				instead is developed as part of two or more grant cycles.
2.15. "Stewardship" means the necessary
				monitoring, maintenance, and enforcement of interests in real property for
				conservation purposes.