(B) Before applying for trust funds for the purchase of an interest in land, the eligible trust fund recipient receiving the funds must notify the owner of the land that is the subject of the trust fund grant or loan of the following in writing:

1. (1) that interests in land purchased with trust funds result in a permanent conveyance of such interests in land from the landowner to the eligible trust fund recipient or its assigns; and

2. (2) that it may be in the landowner's interest to retain independent legal counsel, appraisals, and other professional advice.

   The application must contain an affirmation that the notice requirement of this subsection has been met.

(D) For purposes of this chapter, conservation criteria include:

1. (1) the value of the proposal for the conservation of unique or important wildlife habitat;
2. (2) the value of the proposal for the conservation of any rare or endangered species;
3. (3) the value of the proposal for the conservation of a relatively undisturbed or outstanding example of an ecosystem indigenous to South Carolina;
4. (4) the value of the proposal for the conservation of riparian habitats, wetlands, water quality, watersheds of significant ecological value, critical aquifer recharge areas, estuaries, bays or beaches;
5. (5) the value of the proposal for the conservation of outstanding geologic features;
6. (6) the value of the proposal for the conservation of a site of unique historical or archaeological significance;
7. (7) the value of the proposal for the conservation of an area of critical, forestlands, farmlands, or wetlands;
8. (8) the value of the proposal for the conservation of an area of forestlands or farmlands which are located on prime soils, in microclimates or have strategic geographical significances;
9. (9) the value of the proposal for the conservation of an area for public outdoor recreation, greenways, or parkland;
10. (10) the value of the proposal for the conservation of a larger area or ecosystem already containing protected lands, or as a connection between natural habitats or open space that are already protected;
11. (11) the value of the proposal for the amount of land protected;
12. (12) the value of the proposal for the unique opportunity it presents to accomplish one or more of the criteria contained in this subsection, where the same or a similar opportunity is unlikely to present itself in the future.

(E) For purposes of this chapter, financial criteria include:

1. (1) the degree to which the proposal presents a unique value opportunity in that it protects land at a reasonable cost;
2. (2) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from other governmental sources;
3. (3) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from private or nonprofit sources, or charitable donations of land or conservation easements;
4. (4) the degree to which the proposal leverages trust funds by purchasing conservation easements that preserve land at a cost that is low relative to the fair market value of the fee simple title of the land preserved; and
5. (5) the degree to which other conservation incentives and means of conservation, such as donated conservation easements or participation in other governmental programs, have been explored, applied for, secured, or exhausted.

(G) For each grant or loan application the applicant shall specify:

1. (1) the purpose of the application;
2. (2) how the application satisfies criteria listed in subsections (D), (E), and (F);
3. (3) the uses to which the land will be put;
4. (4) the extent to which hunting, fishing, or other forms of outdoor recreation will be conducted upon the land;
5. (5) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land;
6. (6) the party responsible for managing and maintaining the land;
7. (7) the parties responsible for enforcing any conservation easements or other restrictions upon the land;
8. (8) the extent to which the public is afforded access on the land.

(I) An eligible trust fund recipient seeking a grant or loan from the trust fund must:

1. (1) demonstrate that it is able to complete the project and acquire the interests in land proposed;
2. (2) indicate the total number of acres of land it has preserved in the State; and
3. (3) briefly describe the lands it has preserved in the State, including their size, location, and method of preservation. The reporting requirement of this subsection need not be complied with for specific preserved lands when in the grant or loan applicant's discretion, or in the discretion of the owners of such preserved lands, the privacy or proprietary interests of the owners of such preserved lands would be violated.

(L)

1. (1) The board may authorize up to ten percent of the monies credited to the trust fund during the preceding fiscal year to acquire interests in land that solely or primarily meet the criteria of subsection (D)(6) of this section. No other monies in the trust fund may be awarded to applicants for the acquisition of interests in land that meet the criteria of subsection (D)(6) unless the application also satisfies other criteria contained in subsection (D) in a substantial way.
2. (2) The board shall authorize at least ten percent of the monies credited to the trust fund during the preceding fiscal year for the acquisition of interests in land that provides public access. To the extent the ten percent authorization required by this item is not met in any particular year, the balance must be carried over and used for acquisition of interests in land that provide public access in ensuing years.

(N) In awarding a grant or loan from the trust fund the board shall set forth findings that indicate:

1. (1) how the application satisfies the purposes of this chapter, and the criteria and other considerations set forth in this section;
2. (2) the purpose of the award and the use to which the land will be put;
3. (3) the extent to which public access, hunting, fishing, or other forms of outdoor recreation will be conducted upon the land;
4. (4) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land;
5. (5) the party responsible for managing and maintaining the land;
6. (6) the party responsible for enforcing any easements or other restrictions upon the land;
7. (7) the parties designated in items (5) and (6) possess the expertise and financial resources to fulfill their obligations; and
8. (8) any other findings or information relevant to the award.

(O)

1. (1) Trust funds may not be used to acquire interest in land downzoned within three years of the application unless the interest is sold for the predownzoning value or current value, whichever is greater. However, this requirement is waived if the owner of the downzoned property agrees to accept a lesser amount.
2. (2) If the owner of an interest in land which is the subject of an application for acquisition with trust funds proves to the satisfaction of the board that intentional and improper acts of planning, zoning, or other regulatory officials resulted in substantial delay or denial of a lawful permit or permission to develop the interest in land and the permit or permission was requested by the owner before the application, then the value of the interest in land is deemed to be its value as if those permits or permissions were granted unless the owner of the interest agrees to a lesser value in writing. An owner aggrieved by the decision of the board with respect to this item may appeal to the Administrative Law Judge Division where the matter must be heard as a contested case.