418 KAR 1:060. Management.

418 KAR 1:060. Management.

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, review and approval 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 which pertains to the project site, and the most recent RMP approved by the board.

Section 2. Preliminary RMP. (1) An applicant for fund money shall submit to the board a preliminary RMP simultaneously with an application submitted pursuant to 418 KAR 1:030 or 1:040. The applicant shall follow the preliminary RMP instructions incorporated by reference in Section 16 of this administrative regulation.

(2) The preliminary RMP shall include at least the following information:

(a) The purpose for which the project site will be acquired and managed;

(b) A description of the management activities that will occur on the project site, including those related to natural resource protection, resource restoration and enhancement, archeological and historical resource protection, security, safety, and maintenance of the project site;

(d) A description of physical improvements, existing and proposed, at the project site, and an explanation of how these activities will be coordinated with the protection of plant and animal species and communities;

(e) A description of how public access will be provided;

(f) A description of all agreements, existing and anticipated, which affect, or may affect, the project site and its use, including, but not limited to, management agreements, leases, easements, and licenses;

(g) A description of existing and anticipated types of public use and restrictions at the project site; and

(h) The approximate costs, including staffing costs, and potential funding sources for the items listed in paragraphs (a) through (g) of this subsection.

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 in Section 15 of this administrative regulation.

(2) The final RMP shall include at least the following information:

(a) A table of contents;

(b) General information including the name of the project, the location of the project site, the name, address, and phone number of the property owner and contact persons, a description of natural resources, and historical information relative to site management;

(d) An explanation of how commitments made in the application, preliminary RMP, memorandum of agreement and conservation easement are reflected in the management plan;

(e) Any biological or archaeological inventories that have been conducted;

(f) A monitoring plan to ensure the continued viability of natural communities and endangered, threatened and special concern plant and animal species on the project site;

(g) A description of the management activities that will occur on the project site, including those related to natural resource protection, resource restoration and enhancement, archeological and historical resource protection, staffing, security, safety, maintenance of the project site, and coordination of management activities with adjacent landowners and other resource protection agencies;

(h) An explanation of how the proposed management activities will further the purpose of the project site;

(i) The identification and location of physical improvements, existing and proposed, on a master site plan;

(j) A description of how public access will be provided;

(k) A description of all agreements, existing and anticipated, which affect, or may affect, the project site and its use, including management agreements, leases, easements, and licenses;

(l) A description of existing and anticipated types of public use and restrictions at the project site;

(m) An explanation of the procedures that will be utilized to assess progress in achieving the goals set forth in the final RMP;

(n) An explanation of the procedures that will be utilized to ensure that the project site is identified by one (1) or more appropriate signs and if the site will be identified on literature or advertising; and

(o) The estimated costs of the activities listed in paragraphs (e) through (n) of this subsection.

(3) An applicant may request that its preliminary RMP serve as the final RMP if the preliminary RMP meets all the requirements of subsection (2) of this section.

(4) 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.

Section 4. Land acquired, in whole or in part, with money from the fund shall be managed in strict 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 strictly 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 other applicable laws of the Commonwealth of Kentucky, any memorandum of agreement between the board and the recipient, any conservation easement which pertains 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 receipt of funds from the board. An extension may be granted by the board upon receipt of a written request for extension.

Section 8. Application for Additional Management Funds. (1) The board may, at its discretion, grant 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

Section 9. Verification. Recipients of fund money shall provide to the board, within three (3) years of land acquisition or six (6) months of expenditure of funds, whichever comes first, verification of money expended on land management.

Section 10. 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 11. Reports. (1) Recipients of fund money shall submit to the board management reports detailing:

(a) The status of the project;

(b) The applicant's compliance with the most recent RMP approved by the board; and

(2) Management reports shall be submitted annually until the final RMP has received board approval. Following approval of the final RMP, additional management reports shall be submitted upon request of the board. 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 12. Right of Entry. Recipients of fund money shall permit members or agents of the board to enter, at any reasonable time, with or without notice, property purchased, in whole or in part, with fund money to ensure that the property is being managed in accordance with 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, any conservation easement that pertains to the project site, and the most recent RMP approved by the board.

Section 13. 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 14. 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 15. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Preliminary Resource Management Plan Instructions (January 1999), Form Number HL-2".

(b) "Final Resource Management Plan Instructions (January 1999), Form Number HL-3".

(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. 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.)