RELATES TO: KRS 146.550-146.570
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, and review and approve of projects and grants. This administrative regulation establishes the procedures for management of land acquired with fund money.
Section 1. Purpose. Each recipient of fund money shall maintain in perpetuity for the purposes set forth in KRS 146.560 land acquired with fund money. Management practices shall also meet the requirements of KRS 146.550 through 146.570, this chapter, any other applicable laws of the Commonwealth, the application, any memorandum of agreement between the board and the recipient of fund money, any conservation easement or land use restrictions pertaining to the project site, and the most recent RMP approved by the board.
Section 2. Preliminary RMP. An applicant for fund money shall submit to the board a preliminary RMP simultaneously with an application submitted pursuant to 418 KAR 1:040. The applicant shall follow the preliminary RMP instructions incorporated by reference in 418 KAR 1:040, Section 4 as HL-1B and HL-1C
Section 3. Final RMP. (1) A recipient of fund money shall submit to the board, within two and one-half (2 1/2) years of receipt of funding, a final RMP which is consistent with the preliminary RMP and application, and which meets the requirements of KRS 146.550 through 146.570, this chapter, any memorandum of agreement between the board and the recipient, and any conservation easement which pertains to the project site. The applicant shall follow the final RMP instructions incorporated by reference as Forms HL-2A and HL-2B in Section 14 of this administrative regulation.
(2) The applicant shall develop the final RMP using the findings contained in biological and archeological inventories. The board may grant an exception to the inventory requirements if the applicant demonstrates that either inventory would be nonproductive considering the conditions at the project site.
(3) The board shall vote to accept or reject the final RMP. If it is rejected, the board shall identify the deficiencies and notify the applicant of those deficiencies. The applicant shall correct these deficiencies within sixty (60) days of notification from the board or other time deadline approved by the board.
Section 4. Land acquired, in whole or in part, with money from the fund shall be managed in accordance with the most recent RMP approved by the board.
Section 5. Amendment of RMPs. RMPs may be amended only upon prior written board approval. Until board approval of an amendment is obtained, the recipient of fund money shall adhere to the most recent RMP approved by the board.
Section 6. Management Agreements. A recipient of fund money may, with prior approval of the board, enter into agreements with third parties for management of land. Despite the terms of any management agreement, the recipient of fund money retains full responsibility for management of the land in accordance with the requirements of KRS 146.550 through 146.570, this chapter, any memorandum of agreement between the board and the recipient, any conservation easement or deed restriction pertaining to the project site, and the most recent RMP approved by the board.
Section 7. Time Limits. Money initially approved by the board for management shall be expended within two and one-half (2 1/2) years of the board’s approval of the Final RMP. An extension may be granted by the board upon receipt of a written request for extension, including an explanation of and reason for the request.
Section 8. Application for Additional Management Funds. (1) The board may, at its discretion, grant written requests for additional management money.
(2) The board shall consider the following factors in its evaluation of requests for additional management money:
(a) The applicant's past management record;
(b) The applicant's need for additional management funds; and
(c) Funds available.
Section 9. Joint RMPs. Applicants may submit joint RMPs which specify which entity will perform each aspect of management. Each applicant shall remain responsible for all aspects of management.
Section 10. Reports. (1) Recipients of fund money shall submit to the board Annual Management Reports using Form HL-2C, which is incorporated by reference in Section 14 of this administrative regulation detailing:
(a) The status of the project;
(b) The applicant's compliance with the most recent RMP approved by the board; and
(c) The status of any final RMP that has yet to be submitted to, or approved by, the board.
(2) Management reports shall be submitted annually. State agency reports are due on or before the date of the first board meeting of the year. Local government and state college and university reports are due on or before the date of the third board meeting of the year.
Section 11. Verification. Recipients of fund money shall provide to the board, along with their annual report, verification of money expended on land management.
Section 12. Transfer or Encumbrance of Land. Recipients of fund money shall not, without prior board approval, sell, give, devise, or otherwise convey or encumber land acquired, in whole or in part, with fund money.
Section 13. Identification. The project site shall be identified by one (1) or more signs, and literature or advertising, where appropriate, shall also identify the site as having been purchased with money from the fund.
Section 14. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "Final Resource Management Plan Instructions", HL-2A, July 2012;
(b) "Final Resource Management Plan", HL-2B, July 2012; and
(c) "Annual Management Report", HL-2C, July 2012.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Kentucky Heritage Land Conservation Fund, 375 Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. through 4:30 p.m. (21 Ky.R. 2856; eff. 7-12-95; Am. 25 Ky.R. 2946; 26 Ky.R. 595; eff. 9-8-99; TAm eff. 8-9-2007; 39 Ky.R. 852; 1201; 1395; eff. 2-1-2013.)