(a) (1) For purposes of this subtitle, the following words have the meanings
indicated.
(2) "Total amount to be allotted" means the amount, as certified by the
Comptroller, which remains in the Maryland Agricultural Land
Preservation Fund at the beginning of the fiscal year after payment of
all expenses of the Foundation and the board of trustees during the
previous fiscal year as specified in § 2-505(c)(1) and (2) of this
subtitle, and after subtraction of funds committed for payment as
consideration for easements purchased during previous fiscal years, and
after subtraction of any money remaining in the Fund as a result of a
transfer of local Program Open Space funds made pursuant to § 5-903
of the Natural Resources Article.
(3) "General purchases of easements" means purchases of agricultural
land preservation easements under this subtitle in which the governing
body of the county in which the land is located is not required to make
a contribution to the Maryland Agricultural Land Preservation Fund.
(4) "Matching purchases of easements" means purchases of agricultural
land preservation easements under this subtitle in which the governing
body of the county in which the land is located is required to make a
contribution to the Maryland Agricultural Land Preservation Fund of an
amount equal to at least 40 percent of the value of the easement for
each such purchase.
(5) "Allotted purchases" means general or matching purchases made
pursuant to offers to buy tendered by the Foundation on or before
January 31 of any fiscal year.
(6) "County" means any county containing productive agricultural land
which is being actively farmed and which meets the criteria for land
for which easements may be purchased.
(7) "Eligible county" means a county as defined in paragraph (6) of
this subsection which has secured approval from the Foundation for a
local agricultural land preservation program.
(b) Beginning with fiscal year 1979, and in each fiscal year thereafter,
the Foundation shall determine the maximum amount which may be expended
for allotted purchases of easements on land located within each county.
The maximum amount which may be expended for allotted purchases of
easements in any county in any fiscal year shall be:
(1) An amount, to be used for general allotted purchases, equal to one
twenty-third of one half of the total amount to be allotted; and
(2) An amount, to be used for matching allotted purchases, which shall be
computed for each eligible county by dividing one half of the total
amount to be allotted equally among those counties having an approved
program. The maximum amount available from the Foundation for the
Foundation's share in matching allotted purchases may not exceed $1
million in any county in any fiscal year.
(c) If the Foundation receives acceptances of offers to buy in insufficient
numbers to expend the total amount to be allotted for allotted
purchases, the Foundation, to the extent feasible, shall tender
additional offers to buy in sufficient numbers to expend the total
amount to be allotted. Any such additional offers to buy shall be
tendered:
(1) To landowners who have applied to sell easements on land which was
otherwise acceptable, but who had not received an offer to buy solely
because of limitations on the amount of money to be spent for allotted
purchases;
(2) To applicants on a statewide basis as provided by the priority ranking
system established under § 2-510(e) of this subtitle; and
(3) Only after the expiration of the period allowed for acceptance of
offers to buy under allotted general and matching purchases.
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