Sec. 205-1-2 - Definitions

§ 205-1-2. Definitions

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.

The following state regulations pages link to this page.