Grant Manual page 5, Project Requirements, bullet 5 states: "For projects awarded funding, the requisite public body holder shall include language in the fee-simple deed or in the easement deed that states that the property will be taken under the Open-Space Land Act, Va. Code §§ 10.1-1700 through 10.1-1705, and that the protection is perpetual in nature and not extinguishable except pursuant to the provisions of the Open-Space Land Act.”

Please revise to clarify that, when the Virginia Land Conservation Foundation waives the requirement for a qualified nonprofit organization to co-hold a conservation easement with a public body, then the conservation easement will be enabled by, and the public body third party enforcement will be pursuant to the Virginia Conservation Easement Act.

HB846 Virginia Land Conservation Foundation; purposes of Foundation, easements takes effect July 1, 2026. It allows the Virginia Land Conservation Board of Trustees to “waive the requirement for a holder of a conservation easement to have such easement jointly held with a public body whenever such holder acquires any interest in land other than a fee simple interest from a grant or transfer from the Virginia Land Conservation Foundation, provided that such holder is accredited by the national Land Trust Accreditation Commission or meets a similar set of standards and practices adopted by the Board of Trustees and the easement contains a third party right of enforcement, as defined in relevant law, in favor of the Department of Conservation and Recreation or another public body.”