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BILL NO. 29-0358 (Hill) Act Relating to Historic Preservation

BILL NO. 29-0358 (Hill) Act Relating to Historic Preservation

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Legislative History: http://www.legvi.org/vilegsearch/Detail.aspx?docentry=19519
Legislative History: http://www.legvi.org/vilegsearch/Detail.aspx?docentry=19519

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Published by: A Renewal of VI Politics on Aug 01, 2012
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08/01/2012

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COMMITTEE ON PLANNING AND ENVIRONMENTALPROTECTION
 
BILL NO.
29-0358
Twenty-Ninth Legislature of the Virgin Islands
July 10, 2012
An Act amending Virgin Islands Code title 3, chapter 22 relating to the duties of the StateHistoric Preservation Officer; title 29, chapter 17, providing for the mandatory restorationand rehabilitation of historic properties, establishing a grant program for rehabilitation of historic properties and other incentives, and amending title 33, chapter 81 establishing property tax exemptions for preservation of historic properties and providing for other related purposes
 
PROPOSED BY:
Senators Louis Patrick Hill
 Be it enacted by the Legislature of the Virgin Islands
:
1
 
SECTION 1.
This Act may be cited as “The Antiquities Preservation and Historic2
 
Properties Act”.
 
3
 
SECTION 2.
Title 3 Virgin Islands Code, chapter 22, section 404 is amended by4
 
designating the existing language as subsection (a) and adding subsections (b) and (c) to read5
 
as follows:6
 
“(b) It is declared to be the public policy of the Government of the Virgin Islands7
 
in furtherance of its responsibility to promote and preserve the health, prosperity, and general8
 
welfare of the people of the Virgin Islands, to encourage the preservation of historic9
 
 
2 properties and antiquities that have historical, cultural, and archeological significance to the1
 
Territory.2
 
(c) In addition to the powers granted in subsection (a) the State Preservation3
 
Officer shall:4
 
(1) Seek the advice, assistance, and cooperation of, and cooperate with,5
 
federal government agencies, departments and instrumentalities of the government of 6
 
the Virgin Islands, individuals, groups or agencies, public and private, with respect to7
 
 programs or projects related to the conservation or 
 
 preservation of historical or 8
 
cultural assets;9
 
(2) Seek federal funding, participate in federal financial aid programs, and10
 
accept grants and public and private gifts, devises and bequests for historic11
 
 preservation purposes;12
 
(3) Make grants and loans, as funds are available, to any private or public13
 
organization, corporation or individual for the preservation of historic properties and14
 
antiquities;15
 
(4) Conduct public awareness programs to inform private and public16
 
organizations and individuals about the availability of federal and local assistance for 17
 
 preservation of historic properties;18
 
(5) Identify dilapidated historic properties in need of preservation and19
 
 protection;20
 
(6) Prepare comprehensive Territory-wide antiquities and historic21
 
 preservation plans;22
 
(7) Provide technical assistance to the several departments, agencies, and23
 
instrumentalities of the Government for preservation of government-owned historic24
 
 properties;25
 
 
3(8) Cooperate with agencies of the federal government, other agencies of 1
 
the Virgin Islands, private organizations, and individuals, in order that antiquities and2
 
historic properties are taken into consideration at all levels of planning and3
 
development;4
 
(9) Propose programs and activities to protect, preserve, and encourage5
 
the preservation of antiquities and historic properties in Virgin Islands;6
 
(10) Administer or assist with the programs of financial and technical7
 
assistance for historic preservation projects, including all grants made under authority8
 
of this section, and specify the terms and conditions under which any grants of funds9
 
are made or used;10
 
(11) Make recommendations on the certification and eligibility of historic11
 
 properties for tax incentives and other programs of public benefit or assistance;12
 
(12) Hold and enforce preservation interests in antiquities and historic13
 
 properties; and14
 
(13) Perform such other duties as prescribed by law.”15
 
SECTION 3.
Title 29 Virgin Islands Code, chapter 3, subchapter III is amended in16
 
the following instances:17
 
(a)
 
Section 285 is amended by inserting at the beginning of subsection (c)
 
a18
 
 phrase that reads as follows: “Subject to section 972 (b) of this title”;19
 
(b)
 
Section 286 is amended at the end of subsection (c) by adding an exception20
 
clause that reads as follows: “except that the Commissioner may impose reasonable21
 
conditions in the building permit to ensure the preservation of the historic property or 22
 
antiquities and that the work authorized by the permit is consistent with the requirements of 23
 
this subchapter”; and24
 
(c)
 
Section 286a is added and reads as follows:25
 

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