418 KAR 1:040. Competitive grants.

      RELATES TO: KRS 146.550-146.570, 382.800-382.860

      STATUTORY AUTHORITY: KRS 146.560(2), 146.565

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2) requires the board to promulgate administrative regulations necessary for the application for funds from agencies identified in KRS 146.570, review and approval of projects and grants, and acquisition of land. This administrative regulation establishes the procedures for review and approval of grants funded to state agencies, local governments, and state colleges and universities pursuant to KRS 146.570(4)(f).

      Section 1. Application. (1) A state agency, local government, and state college or university seeking a grant pursuant to KRS 146.570(4)(f) shall submit to the board a completed competitive grant application package. Application shall be made on the Kentucky Heritage Land Conservation Fund Board Application", Form HL-1.

      (2) The application shall include:

      (a) The application form;

      (b) Cover letter;

      (c) Site map;

      (d) Site or project description;

      (e) Preliminary Resource Management Plan;

      (f) 1:24,000 topographical map;

      (g) Project costs worksheet;

      (h) Comparison of the project site to the surrounding landscape (competitive applicant only);

      (i) A statement of the importance of the project to the applicant and to the Commonwealth of Kentucky (competitive applicant only);

      (j) Explanation of why the project qualifies for fund money (competitive applicant only);

      (k) Two (2) or more project endorsements (competitive applicant only); and

      (l) Description of partnerships with other agencies.

      (3) Money expended by an applicant in connection with a denied application for funds, a grant, or project under this section shall not be reimbursed to the applicant.

      (4) An applicant shall not supply false or misleading information to the board and shall provide to the board verification that all information in the grant application is true and accurate.

      (5) Grant applicants may submit joint applications. The preliminary RMP for a joint application shall specify which entity will perform each aspect of management. Each joint applicant shall remain responsible for all aspects of management.

      Section 2. Review of Application. (1) After reviewing the report received from the Projects Review Committee pursuant to 418 KAR 1:020, Section 8(2)(a) of this administrative regulation, each board member shall review the application package and evaluate it based on the following criteria:

      (a) Whether the fund contains adequate money to fund the proposed project;

      (b) Whether the proposed project meets one (1) or more of the following priorities for acquisition:

      1. A natural area that meets the priorities for acquisition as set forth in KRS 146.560(2)(a) through (d);

      2. An area important to migratory birds;

      3. An area that performs an important natural function that is subject to alteration or loss; and

      4. An area to be preserved in its natural state for:

      a. Public use;

      b. Outdoor recreation; and

      c. Education;

      (c) Whether the proposed acquisition is a natural area or wetland and whether access or buffer land is necessary;

      (d) Property costs, seeking to maximize public benefit by taking advantage of:

      1. A priority area below fair market value; and

      2. Public or private funds available on a matching basis;

      (e) The completeness and accuracy of the application package;

      (f) The information in the application package;

      (g) Whether the preliminary RMP furthers the purposes of KRS 146.550 through 146.570;

      (h) The applicant's ability to complete the acquisition and manage the land consistent with the preliminary RMP;

      (i) The significance of the natural and educational resources on the project site;

      (j) The prevalence of this type of project and project site in public systems;

      (k) The threat of loss or degradation of the project site if not protected; and

      (l) The overall cost compared to the benefit to the Commonwealth of Kentucky.

      (2) The board:

      (a) Shall approve or deny a competitive grant application by the vote of a majority of those present at a meeting at which there is a quorum.

      (b) May:

      1. Amend or attach conditions to the approval of a competitive grant application.

      2. Conduct a series of votes to narrow a list of grant applications if the total cost of the applications exceeds the available funds.

      (c) Shall not approve an expenditure that exceeds currently available funds.

      (3) Consideration of a grant application may be carried over from meeting to meeting and the board may decline to approve a grant application at a given meeting.

      (4) The board may, itself or through an agent, verify the accuracy of the information in a grant application and make such further investigation of the merits of a proposed acquisition as the board deems appropriate.

      (5) The board shall mail to the applicant, within fifteen (15) days of board action, written notice of the approval or denial of a grant application and, if denied, the reasons for denial.

      Section 3. Agreements. Funds shall not be disbursed until the applicant has entered into a written memorandum of agreement with the board which requires the applicant to comply with:

      (1) The requirements of KRS 146.550 through 146.570;

      (2) 418 KAR Chapter 1;

      (3) Other applicable laws of the Commonwealth of Kentucky;

      (4) The application;

      (5) A conservation easement which pertains to the project site; and

      (6) The latest RMP approved by the board.

      Section 4. Conservation Easements. A local government shall convey to the Commonwealth of Kentucky a conservation easement in perpetuity over all land acquired, in whole or in part, with fund proceeds. This conveyance shall occur simultaneously with the conveyance of the property to the applicant. The conservation easement shall meet the requirements of KRS 382.800 through 382.860 and ensure that lands acquired are maintained in perpetuity for the purposes set out in KRS 146.560.

      Section 5. Incorporation by Reference. (1) "Kentucky Heritage Land Conservation Fund Board Grant Application Form, Form Number HL-1 (January 1999)" is incorporated by reference.

      (2) This material may be inspected, copied or obtained at the office of the Kentucky Heritage Land Conservation Fund, 375 Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (21 Ky.R. 2852; Am. 22 Ky.R. 94; eff. 7-12-95; 25 Ky.R. 2942; 26 Ky.R. 593; eff. 9-8-99; TAm eff. 8-9-2007.)