418 KAR 1:030. State agency projects.

      RELATES TO: KRS 146.200-146.360, 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, and acquisition of land. This administrative regulation establishes standards for the review and approval of proposed state agency projects funded pursuant to KRS 146.570(4)(a) through (e).

      Section 1. Approval of Certain Expenditures. Upon written request of a state agency, the board may give advance approval to certain categories of expenditures of money received pursuant to KRS 146.570(4)(a) through (e), including appraisals, title opinions, and environmental audits.

      Section 2. Application. (1) A state agency seeking approval for projects funded pursuant to KRS 146.570(4)(a) through (e) shall submit to the board a completed project application. Application shall be made on the form incorporated by reference in Section 6 of this administrative regulation. This subsection shall not apply to expenditures that have received approval pursuant to Section 1 of this administrative regulation.

      (2) State agencies may submit joint project applications. The preliminary RMP for a joint project shall specify which state agency will perform each aspect of management. Each joint applicant shall remain responsible for all aspects of management.

      Section 3. Review of Application. After reviewing the report received from the projects review committee pursuant to 418 KAR 1:020, Sections 8(2)(a), and 2(4) of this administrative regulation, the board shall review each application and evaluate it based on the following criteria:

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

      (a) Natural areas that possess unique features such as habitat for rare and endangered species;

      (b) Areas important to migratory birds;

      (c) Areas that perform important natural functions that are subject to alteration or loss; and

      (d) Areas to be preserved in their natural state for public use, outdoor recreation and education;

      (2) Whether the proposed project site is a natural area or wetland, and whether access or buffer land is necessary;

      (3) Property costs, seeking to maximize public benefit by taking advantage of priority areas below fair market value and where public or private funds are available on a matching basis;

      (4) The completeness and accuracy of the application;

      (5) The information in the application and its attachments;

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

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

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

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

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

      (11) The overall cost compared to the benefit to the Commonwealth of Kentucky; and

      (12) In the case of a project application submitted pursuant to KRS 146.570(4)(d), whether the proposed acquisition is within a wild river corridor established by the Kentucky Wild Rivers Act, KRS 146.200 to 146.360, and the administrative regulations promulgated pursuant thereto.

      Section 4. Project Approval or Denial. (1) The board shall approve or deny a project application, with or without conditions or amendments, by the vote of a majority of those present at a meeting at which a quorum is present.

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

      Section 5. Agreements. Funds shall not be disbursed until the applicant enters into a written memorandum of agreement with the board which requires the applicant, at a minimum, to meet the requirements of KRS Chapter 146.550 through 146.570, this chapter, any other applicable laws of the Commonwealth of Kentucky, the application, and the latest RMP approved by the board.

      Section 6. 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. 2849; Am. 22 Ky.R. 93; eff. 7-12-95; 25 Ky.R. 2940; 26 Ky.R. 592; eff. 9-8-99; TAm eff. 8-9-2007.)