Item 376 | First Year - FY2027 | Second Year - FY2028 |
|---|---|---|
| Marine Life Management (50500) | $28,018,943 | $28,018,943 |
| Marine Life Information Services (50501) | FY2027 $1,555,673 | FY2028 $1,555,673 |
| Marine Life Regulation Enforcement (50503) | FY2027 $11,647,053 | FY2028 $11,647,053 |
| Artificial Reef Construction (50506) | FY2027 $83,278 | FY2028 $83,278 |
| Chesapeake Bay Fisheries Management (50507) | FY2027 $7,487,949 | FY2028 $7,487,949 |
| Shellfish Management (50509) | FY2027 $7,244,990 | FY2028 $7,244,990 |
| Fund Sources: | ||
| General | FY2027 $14,962,707 | FY2028 $14,962,707 |
| Special | FY2027 $4,447,424 | FY2028 $4,447,424 |
| Commonwealth Transportation | FY2027 $363,743 | FY2028 $363,743 |
| Dedicated Special Revenue | FY2027 $4,869,996 | FY2028 $4,869,996 |
| Federal Trust | FY2027 $3,375,073 | FY2028 $3,375,073 |
Authority: Title 18.2, Chapters 1 and 5; Title 19.2, Chapters 1, 5 and 7; Title 28.2, Chapters 1 through 10; Title 29.1, Chapter 7; Title 32.1, Chapter 6; Title 33.2, Chapter 1; and Title 62.1, Chapters 18 and 20, Code of Virginia.
A. Out of this appropriation, $54,611 the first year and $54,611 the second year from the general fund is provided for annual membership dues to the Atlantic States Marine Fisheries Commission.
B. Out of this appropriation, $148,750 the first year and $148,750 the second year from the general fund is provided for annual membership dues to the Potomac River Fisheries Commission.
C. Out of the amounts for Marine Life Regulation Enforcement shall be paid into the Marine Patrols Fund, $196,205 the first year and $196,205 the second year, pursuant to § 28.2-108, Code of Virginia. For this purpose, cash shall be transferred from the Commonwealth Transportation Fund.
D. Pursuant to § 58.1-2289 D, Code of Virginia, $167,538 the first year and $167,538 the second year shall be transferred to Marine Life Regulation Enforcement from the Commonwealth Transportation Fund from unrefunded motor fuel taxes for boats and paid into the Marine Patrols Fund.
E.1. Out of this appropriation, $4,000,000 the first year and $4,000,000 the second year from the general fund is provided to support oyster replenishment and oyster restoration activities. From these amounts $1,500,000 the first year and $1,500,000 the second year shall be used to provide support for oyster restoration.
2. Any unexpended general fund balances designated by the agency for oyster remediation activities remaining in this Item on June 30, 2027, and on June 30, 2028, shall be reappropriated and reallotted to the Marine Resources Commission for expenditure.
F. Authorization provided in paragraph F. of Item 373, Chapter 725, 2025 Acts of Assembly, for the non-federal share of costs of an Army Corps of Engineers environmental restoration project at Money Point in the Elizabeth River in the City of Chesapeake, shall continue. Any remaining balance at year-end shall be carried forward to the subsequent fiscal year.
G.1. Out of amounts in this Item, $4,000,000 the first year and $4,000,000 the second year from amounts transferred to this Item pursuant to § 3-1.01 M. of this act shall support the Virginia Waterway Maintenance Grant Program established in § 28.2-108.2, Code of Virginia. Projects for which the Commission may award grant funding include (i) feasibility and cost evaluations, pre-project engineering studies, and project permitting and contracting costs for a waterway project conducted by the Commonwealth; (ii) the state portion of a nonfederal sponsor funding requirement for a federal project, which may include the beneficial use of dredged materials that are not covered by federal funding; (iii) the Commonwealth's maintenance of shallow-draft navigable waterway channel maintenance dredging and the design, lease, or purchase of upland containment areas where the material can be selectively excavated and used beneficially for environmental restoration or for mitigation of coastal erosion; and (iv) the beneficial use, for environmental restoration and the mitigation of coastal erosion or flooding, of dredged materials from approved waterway dredging projects conducted by the Commonwealth. Special consideration shall be given to any locality which provides a three-to-one match for any requested funding. Any funding remaining at the end of the fiscal year shall be carried forward for the same purpose.
2. Out of the amounts in this paragraph, the Commission may use up to $150,000 each year for administration of the grant program.
3. Out of the amounts in this paragraph, $600,000 the first year shall be provided to the Jamestown-Yorktown Foundation to complete a dredging project in the James River. Such funds shall be provided on a quarterly reimbursement basis.
4. Out of the amounts in this paragraph, $2,000,000 the first year from nongeneral funds is provided to the Northern Neck Planning District Commission for emergency dredging of the Little Wicomico River.
H. Notwithstanding § 28.2-1209, Code of Virginia, any city or county duly authorized by the Commission or other state agency to install an underground or underwater utility or facility, shall be deemed to possess a legal interest in the lawful use of state-owned waters, bottoms, or subsurface soils sufficient to qualify for any reimbursement for costs associated with relocation, removal, or abandonment of said utility or facility as a result of the construction or maintenance of any Congressionally approved navigation and flood control project undertaken by the Army Corps of Engineers, or other federal agency, to regulate navigable waters or flood control that requires relocation, removal, or abandonment of a permitted utility located on or under state-owned waters, bottoms, or subsurface soils of the Commonwealth.
I. 1. For purposes of Item 376, Paragraph I, "Phase I" means the following drawings: (i) "Norfolk CSRM State-Owned Bottom and Right-of-Way Map," Map Number – 68 Phase IA, dated October 8, 2025, prepared by TKY; (ii) Drawing entitled "Grandy Village Living Shoreline Preliminary Bottom Impacts WSSI #36556.01," Exhibit 1, prepared by Wetland Studies and Solutions, Inc., a Davey Company; (iii) Drawing entitled "Richmond and Surrey Crescent Shoreline State Bottom Impacts"; (iv) "Wetlands Impact Analysis Phase 1A-WS-1," Map: Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO; (v) "Wetlands Impact Analysis Phase 1A-WS-2," Map: Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO; (vi) "Wetlands Impact Analysis Phase 1A-PS-HP1," Map: Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO; (vii) "Wetlands Impact Analysis Phase 1A-FD-1,"Map: Wetlands Impact Analysis (JPA)DDwithExcludedPermitAreaTable, dated August 28, 2025, revised January 22, 2026, developed by JAO; (viii) "Wetlands Impact Analysis Phase 1A-HP," Map: Wetlands Impact Analysis (JPA)DDwithExcludedPermitAreaTable, dated August 28, 2025, revised January 27, 2026, developed by JAO; (ix) "Wetlands Impact Analysis Phase 1A-RR-1," Map: Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO; (x) "Wetlands Impact Analysis Phase 1A-PS-NC-1," Map: Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO; (xi) "Wetlands Impact Analysis Phase 1A-Sub-1," Map: Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO; (xii) "Wetlands Impact Analysis Phase 1A-Sub-2," Map: Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO; and (xiii) "Wetlands Impact Analysis Phase No Impact," Map: Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO.
2. That, in consideration of the mutual promises of the parties and the payment of $1, and on terms otherwise acceptable to the Marine Resources Commission (the Commission), the Commission is hereby authorized to convey to the City of Norfolk, in locations acceptable to the Commission, the following real property interests in subaqueous land that are necessary for Phase I, as generally shown on the Phase I drawings: permanent easement interests; temporary construction easements; and fee simple interests subject to a reverter clause acceptable to the Commonwealth, pursuant to quitclaims.
3. That, in consideration of the mutual promises of the parties and the payment of $1, and on terms otherwise acceptable to the Commission, the Commission is hereby authorized to quitclaim to the City any interest that the Commonwealth may have in and to the property known as Newton Canal, a/k/a Mahone's Canal, a/k/a Brambleton Canal, which property is located within the boundaries of City of Norfolk GPIN 1437339770, subject to a reverter clause acceptable to the Commonwealth.
4. That the conveyances authorized herein shall be made in consultation with the Chief Resilience Officer of the Commonwealth and the Office of the Attorney General. The conveyances authorized herein shall be approved by the Governor and made in a form approved by the Office of the Attorney General. The appropriate officials of the Commonwealth are hereby authorized to prepare, execute, and deliver such deeds and other documents as may be necessary to accomplish the conveyances.
5. The General Assembly deems that the conveyances of the property interests, set forth in this Item 376, Paragraph I, may be undertaken without substantial impairment of the interest of the public in the waters of the Commonwealth.