Title 301 | Chapter 010 | Regulation 010
REPEALED
This document is no longer current.
301 KAR 10:010.Kentucky Heritage Land Conservation Fund Board.
Section 1.
Chairman, Regular Meetings, Special Meetings, Meeting Announcement, Meeting Location, and Quorum.(1)
Chairman. The Commissioner of the Department of Fish and Wildlife Resources shall be the permanent Chairman of the Kentucky Heritage Land Conservation Fund Board, hereinafter referred to as "board".(2)
Regular meetings. The board shall meet quarterly on the second Wednesday of January, April, July and October. If there is no new or pending business, the chairman may cancel regular meetings by notifying board members of cancellation at least seven (7) days prior to the meeting date.(3)
Special meetings. Any member of the board, with the concurrence of the chairman, may call a special meeting at any time to bring new business before the board or to seek action on pending business. All board members shall be notified by the chairman in writing of all special meetings at least twenty (20) days prior to the meeting date.(4)
Meeting announcement. All regular and special meetings shall be announced in a newspaper with statewide distribution and by letter to individuals, groups or organizations that have requested to be made aware of meetings. Announcements shall be made at least ten (10) days in advance of the meeting.(5)
Meeting location. All regular and special meetings shall be held at the headquarters of the Kentucky Department of Fish and Wildlife Resources located at #1 Game Farm Road in Frankfort, Kentucky.(6)
Quorum. Five (5) members of the board shall constitute a quorum.Section 2.
Application for Grants, Submittal Deadlines and Public Involvement.(1)
Application for grants. State agencies applying for grants shall submit eight (8) copies of a written grant proposal to the chairman. Grant proposals shall be single project oriented and shall minimally contain the following:(a)
Grant identification and location, which includes a project title, general physical description of the project, an acreage estimate, and appropriate cover, area and vicinity maps.(b)
A project rationale demonstrating that it meets the acquisition criteria of the board. Supporting information such as species checklists, wildlife, recreational or educational use data or projections, relationships to other plans and narrative descriptions of natural functions or potentials for loss or alteration may be included here. The rationale shall provide information that supports the agency ranking provided under Section 3(1)(a) of this regulation.(c)
A total cost estimate of the acquisition, which shall include line item estimates for any appraisals, surveys and closing costs. All cost estimates shall include a fee of one (1) percent of total acquisition cost to be applied toward project maintenance.(d)
Identification of any matching fund or inkind contribution potential from sources other than the Kentucky Heritage Land Conservation Fund. To the extent possible, the ratio of other funds or contributions to Kentucky Heritage Land Conservation Fund money shall be identified. If there are no known matching funds or inkind contributions, such shall be specifically stated in the proposal.(e)
Identification of any knowledge that the seller may make all or part of the soughtafter property available at below market value. If there is no knowledge to that effect or the seller will not accept payment below market value, such shall be specifically stated in the proposal.(f)
An evaluation of the proposed acquisition site to determine whether or not hazardous materials or substances or underground storage tanks of any type are present on or immediately adjacent to the proposed project site.(g)
A project management plan detailing how the proposed project will be managed and maintained.(h)
An indication as to whether or not the surface and mineral rights are intact or separated. If separated, the applicant should provide an analysis of the probable impacts of eventual exploitation on the natural attributes of the site which the applicant seeks to protect or manage.(2)
Submittal deadlines. In order for grant proposals to be considered at either a regular or special meeting of the board, applications shall be submitted to the chairman at least thirty (30) days prior to the respective meeting date. The chairman shall further submit the grant proposals to individual members of the board at least twenty (20) days prior to the regular or special meeting.(3)
Public involvement. The board shall accept both written and oral comments either for or against any grant proposal. Such comments shall be made a part of the meeting record and shall be considered in the evaluation process of the board.Section 3.
Balloting, Scoring Projects, Project Funding, Project Approvals, Project Life and Project Reranking.(1)
Balloting. All board actions relating to project evaluation shall be by written ballot by all members present at the board meeting. The following evaluation criteria shall be applied. Scores from all criteria given in paragraphs (a) through (e) of this subsection shall be tabulated into a total score for each individual board member.(a)
All agencies applying for grants shall provide a priority ranking score in the range of zero to fifty (50) points. Higher scores shall indicate the project's importance to fulfilling agency goals. This score shall be provided only by the grant applicant and be applied by all board members in the balloting process.(b)
Present relative availability of the habitat or features represented in the grant proposal shall be scored by individuals on the board based on the following: If the availability is rare on a statewide basis, score = ten (10). If availability is rare on a regional basis, score = six (6). If availability is rare on a county basis, score = four (4). If availability is not limited, score = zero.(c)
Prognosis for future availability of the habitat or features represented in the grant proposal shall be scored by individuals on the board based on the following: If loss is imminent, score = ten (10). If loss is not imminent but certain in next ten (10) years, score = six (6). If loss is not imminent but certain in next twenty (20) years, score = four (4). If loss threat is low and they appear secure in the state, score = zero.(d)
Points shall be awarded by individuals on the board, based on the following, if the project is a joint venture between state agencies or between a state agency and other government agencies or the private sector and has matching funds or other inkind contributions associated with it. If matching funds or other contributions equal or exceed a 50:50 matching formula, score = five (5). If the matching fund or other contribution ratio is below 50:50, score = three (3). If the project is not a joint venture and has no outside funds or contributions, score = zero.(e)
Points shall be awarded by individuals on the board, based on the following, if the proposed acquisition of a tract of land is key to the completion or consolidation of an existing project. If acquisition is a key tract score = two (2). If not a key tract, score = zero.(2)
Scoring projects. The composite score for a proposed project shall be calculated by determining the average of all total scores given by participating board members. Scores above zero shall constitute an approved project. Higher scores shall indicate the board's relative priority for project funding. Projects eliminated from funding consideration may be resubmitted to the board for reevaluation according to provisions of subsection (6) of this section.(3)
Project funding. The board shall by separate action vote to approve the funding of approved projects based upon their numerical score until the available funds are fully committed. Projects with higher scores shall be completed first and shall block action on all projects with lesser scores unless a specific action of the board directs otherwise. Agencies may substitute another approved project or projects for one that has been authorized for funding if the substitute project has a score equal to or higher than the project it is replacing and provided that its total cost is equal to or less than the project it is replacing. Such shifts may be permissible if acquisition problems arise or just cause can be demonstrated to delay or terminate a project approved for funding. The board shall be fully apprised of these actions in writing at the next regular or special meeting and shall vote to fund the replacement project.(4)
Project approvals. Money available to the board shall not limit the approval of projects and their prioritization. The board shall continue to evaluate project proposals regardless of availability of funds. No vote to commit funds shall be taken until such time that uncommitted funds become available. If an approved project is not funded for two (2) years it shall be dropped from funding consideration unless the sponsoring agency requests that it be maintained on the priority list. Should two (2) projects score the same but the financial resources in the fund not allow the funding of both, a simple voice vote by the board members will decide which will be funded.(5)
Project life. Projects which have been approved for funding and which have not been completed within two (2) years of approval by the board shall be automatically terminated unless a specific action of the board directs otherwise or the applying agency requests that the project be reranked according to subsection (6) of this section.(6)
Project reranking. State agencies applying for grants may request that any grant proposal submitted for approval and evaluated and ranked by the board be reevaluated and reranked by the board at any time for any reason either at a regular or special meeting of the board. If a project is submitted for reranking, the agency doing so shall update the proposal to reflect any changes that have occurred on the site or verify that all conditions or circumstances at the site are unchanged from the original proposal.Section 4.
Meeting Summary, Annual Report and Annual Report Publication.(1)
Meeting summary. A summary of each meeting of the board shall be prepared by the Department of Fish and Wildlife Resources. Meeting summaries will be available for review by interested parties as requested.(2)
Annual report. The Department of Fish and Wildlife Resources shall prepare an annual report of the previous year's board activities and submit it to the Legislative Research Commission (LRC) by February 1 of each year. The report shall include a cumulative list of all approved projects and a brief status report of all areas acquired through the fund.(3)
Annual report publication. Upon receipt of the annual report, LRC may publish it in the Legislative Record or other appropriate publication.HISTORY: (18 Ky.R. 212; 704; eff. 9-24-1991; Repealed by 418 KAR 1:010, Section 2, 7-12-1995.)
301 KAR 10:010.Kentucky Heritage Land Conservation Fund Board.
Section 1.
Chairman, Regular Meetings, Special Meetings, Meeting Announcement, Meeting Location, and Quorum.(1)
Chairman. The Commissioner of the Department of Fish and Wildlife Resources shall be the permanent Chairman of the Kentucky Heritage Land Conservation Fund Board, hereinafter referred to as "board".(2)
Regular meetings. The board shall meet quarterly on the second Wednesday of January, April, July and October. If there is no new or pending business, the chairman may cancel regular meetings by notifying board members of cancellation at least seven (7) days prior to the meeting date.(3)
Special meetings. Any member of the board, with the concurrence of the chairman, may call a special meeting at any time to bring new business before the board or to seek action on pending business. All board members shall be notified by the chairman in writing of all special meetings at least twenty (20) days prior to the meeting date.(4)
Meeting announcement. All regular and special meetings shall be announced in a newspaper with statewide distribution and by letter to individuals, groups or organizations that have requested to be made aware of meetings. Announcements shall be made at least ten (10) days in advance of the meeting.(5)
Meeting location. All regular and special meetings shall be held at the headquarters of the Kentucky Department of Fish and Wildlife Resources located at #1 Game Farm Road in Frankfort, Kentucky.(6)
Quorum. Five (5) members of the board shall constitute a quorum.Section 2.
Application for Grants, Submittal Deadlines and Public Involvement.(1)
Application for grants. State agencies applying for grants shall submit eight (8) copies of a written grant proposal to the chairman. Grant proposals shall be single project oriented and shall minimally contain the following:(a)
Grant identification and location, which includes a project title, general physical description of the project, an acreage estimate, and appropriate cover, area and vicinity maps.(b)
A project rationale demonstrating that it meets the acquisition criteria of the board. Supporting information such as species checklists, wildlife, recreational or educational use data or projections, relationships to other plans and narrative descriptions of natural functions or potentials for loss or alteration may be included here. The rationale shall provide information that supports the agency ranking provided under Section 3(1)(a) of this regulation.(c)
A total cost estimate of the acquisition, which shall include line item estimates for any appraisals, surveys and closing costs. All cost estimates shall include a fee of one (1) percent of total acquisition cost to be applied toward project maintenance.(d)
Identification of any matching fund or inkind contribution potential from sources other than the Kentucky Heritage Land Conservation Fund. To the extent possible, the ratio of other funds or contributions to Kentucky Heritage Land Conservation Fund money shall be identified. If there are no known matching funds or inkind contributions, such shall be specifically stated in the proposal.(e)
Identification of any knowledge that the seller may make all or part of the soughtafter property available at below market value. If there is no knowledge to that effect or the seller will not accept payment below market value, such shall be specifically stated in the proposal.(f)
An evaluation of the proposed acquisition site to determine whether or not hazardous materials or substances or underground storage tanks of any type are present on or immediately adjacent to the proposed project site.(g)
A project management plan detailing how the proposed project will be managed and maintained.(h)
An indication as to whether or not the surface and mineral rights are intact or separated. If separated, the applicant should provide an analysis of the probable impacts of eventual exploitation on the natural attributes of the site which the applicant seeks to protect or manage.(2)
Submittal deadlines. In order for grant proposals to be considered at either a regular or special meeting of the board, applications shall be submitted to the chairman at least thirty (30) days prior to the respective meeting date. The chairman shall further submit the grant proposals to individual members of the board at least twenty (20) days prior to the regular or special meeting.(3)
Public involvement. The board shall accept both written and oral comments either for or against any grant proposal. Such comments shall be made a part of the meeting record and shall be considered in the evaluation process of the board.Section 3.
Balloting, Scoring Projects, Project Funding, Project Approvals, Project Life and Project Reranking.(1)
Balloting. All board actions relating to project evaluation shall be by written ballot by all members present at the board meeting. The following evaluation criteria shall be applied. Scores from all criteria given in paragraphs (a) through (e) of this subsection shall be tabulated into a total score for each individual board member.(a)
All agencies applying for grants shall provide a priority ranking score in the range of zero to fifty (50) points. Higher scores shall indicate the project's importance to fulfilling agency goals. This score shall be provided only by the grant applicant and be applied by all board members in the balloting process.(b)
Present relative availability of the habitat or features represented in the grant proposal shall be scored by individuals on the board based on the following: If the availability is rare on a statewide basis, score = ten (10). If availability is rare on a regional basis, score = six (6). If availability is rare on a county basis, score = four (4). If availability is not limited, score = zero.(c)
Prognosis for future availability of the habitat or features represented in the grant proposal shall be scored by individuals on the board based on the following: If loss is imminent, score = ten (10). If loss is not imminent but certain in next ten (10) years, score = six (6). If loss is not imminent but certain in next twenty (20) years, score = four (4). If loss threat is low and they appear secure in the state, score = zero.(d)
Points shall be awarded by individuals on the board, based on the following, if the project is a joint venture between state agencies or between a state agency and other government agencies or the private sector and has matching funds or other inkind contributions associated with it. If matching funds or other contributions equal or exceed a 50:50 matching formula, score = five (5). If the matching fund or other contribution ratio is below 50:50, score = three (3). If the project is not a joint venture and has no outside funds or contributions, score = zero.(e)
Points shall be awarded by individuals on the board, based on the following, if the proposed acquisition of a tract of land is key to the completion or consolidation of an existing project. If acquisition is a key tract score = two (2). If not a key tract, score = zero.(2)
Scoring projects. The composite score for a proposed project shall be calculated by determining the average of all total scores given by participating board members. Scores above zero shall constitute an approved project. Higher scores shall indicate the board's relative priority for project funding. Projects eliminated from funding consideration may be resubmitted to the board for reevaluation according to provisions of subsection (6) of this section.(3)
Project funding. The board shall by separate action vote to approve the funding of approved projects based upon their numerical score until the available funds are fully committed. Projects with higher scores shall be completed first and shall block action on all projects with lesser scores unless a specific action of the board directs otherwise. Agencies may substitute another approved project or projects for one that has been authorized for funding if the substitute project has a score equal to or higher than the project it is replacing and provided that its total cost is equal to or less than the project it is replacing. Such shifts may be permissible if acquisition problems arise or just cause can be demonstrated to delay or terminate a project approved for funding. The board shall be fully apprised of these actions in writing at the next regular or special meeting and shall vote to fund the replacement project.(4)
Project approvals. Money available to the board shall not limit the approval of projects and their prioritization. The board shall continue to evaluate project proposals regardless of availability of funds. No vote to commit funds shall be taken until such time that uncommitted funds become available. If an approved project is not funded for two (2) years it shall be dropped from funding consideration unless the sponsoring agency requests that it be maintained on the priority list. Should two (2) projects score the same but the financial resources in the fund not allow the funding of both, a simple voice vote by the board members will decide which will be funded.(5)
Project life. Projects which have been approved for funding and which have not been completed within two (2) years of approval by the board shall be automatically terminated unless a specific action of the board directs otherwise or the applying agency requests that the project be reranked according to subsection (6) of this section.(6)
Project reranking. State agencies applying for grants may request that any grant proposal submitted for approval and evaluated and ranked by the board be reevaluated and reranked by the board at any time for any reason either at a regular or special meeting of the board. If a project is submitted for reranking, the agency doing so shall update the proposal to reflect any changes that have occurred on the site or verify that all conditions or circumstances at the site are unchanged from the original proposal.Section 4.
Meeting Summary, Annual Report and Annual Report Publication.(1)
Meeting summary. A summary of each meeting of the board shall be prepared by the Department of Fish and Wildlife Resources. Meeting summaries will be available for review by interested parties as requested.(2)
Annual report. The Department of Fish and Wildlife Resources shall prepare an annual report of the previous year's board activities and submit it to the Legislative Research Commission (LRC) by February 1 of each year. The report shall include a cumulative list of all approved projects and a brief status report of all areas acquired through the fund.(3)
Annual report publication. Upon receipt of the annual report, LRC may publish it in the Legislative Record or other appropriate publication.HISTORY: (18 Ky.R. 212; 704; eff. 9-24-1991; Repealed by 418 KAR 1:010, Section 2, 7-12-1995.)