171.381 Duties and functions of council -- Duties of state historic preservation officer. - Kentucky Statutes

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Page 1 of 3 171.381 Duties and functions of council -- Duties of state historic preservation officer. (1) The Kentucky Heritage Council shall be dedicated to the preservation and protection of all meaningful vestiges of Kentucky's heritage for succeeding
generations, and in pursuit of this dedication it shall engage in and concern itself
with worthy projects and other matters related to the conservation and continuing
recognition of buildings, structures, sites, and other landmarks associated with the
archaeological, cultural, economic, military, natural, political, or social aspects of
Kentucky's history. (2) The duties and functions of the council shall be to: (a) Review and recommend appropriate projects and programs to insure the proper recognition, preservation, and protection of matters related to
Kentucky's heritage, particularly those in the nature of or associated with real
property; (b) Advise, consult, and cooperate generally with state, local, and national officials and agencies to accomplish the purposes to which the council is
dedicated, and specifically with the Kentucky Department of Parks and
Historical Society in matters of common concern; (c) Encourage, promote, and coordinate historic preservation programs being conducted in Kentucky by other agencies or groups, public and private; (d) Prepare and maintain an inventory or survey of Kentucky's resource of historic buildings, sites, structures, and other landmarks, and list in an official roll
those landmarks which possess statewide or national significance; and (e) Conduct a survey and maintain a catalog of Kentucky's historic drylaid and historic mortared rock fences as defined in KRS 171.391. (3) The council may: (a) Accept grants or other funds or property from any available source, public or private; (b) Employ, with the approval of the Governor, staff as may be necessary. Any member of the staff shall be entitled to compensation under KRS Chapter
18A, and may be reimbursed for necessary and actual expenses in accordance
with the provisions of KRS Chapters 44 and 45; (c) Enter into contractual relationships as may be necessary;
(d) Acquire real property, by gift or devise or by purchase pursuant to the provisions of KRS 45A.045, and hold the same in the name of the
Commonwealth for the use and benefit of the council; (e) Initiate its own projects of an appropriate nature, and undertake or otherwise engage in joint projects with other agencies or groups, public or private; and (f) Adopt rules and regulations as may be necessary and incidental to the performance of the council's duties and functions. Page 2 of 3 (4) The receipt, control, and expenditure of funds shall be subject to the general provisions of the Kentucky Revised Statutes governing financial administration of
all state agencies. (5) No provision of this section shall be construed as repealing any of the laws of the Commonwealth relating to the preservation, protection, and recognition of historical
matters, but shall be held and construed as ancillary and supplemental thereto. (6) The council shall receive applications, interview and recommend to the Governor three (3) persons as nominees for appointment as the director of the Heritage
Division, Tourism, Arts and Heritage Cabinet. The director of the Heritage Division
shall be the state historic preservation officer. (7) The responsibilities of the state historic preservation officer shall include: (a) Development for the State Historic Preservation Program;
(b) Direction of a comprehensive statewide survey of historic properties;
(c) Nomination of historic properties to the National Register of Historic Places;
(d) Cooperation in the development of effective working relationships with federal, state, and local agencies that participate in the management of historic
properties and in project planning that may affect historic properties; (e) Cooperation in the integration of historic preservation planning with all levels of planning; (f) Cooperation in the development and maintenance of a review procedure for publicly funded, assisted, and licensed undertakings that may affect historic
properties within the state; (g) Participation in the review of federal, federally assisted, and federally licensed undertakings that may affect historic properties included in or eligible for
inclusion in the National Register under Section 106 of the National Historic
Preservation Act and Executive Order 11593; (h) Assisting federal agencies in fulfilling their historic preservation responsibilities under federal law and regulations; (i) Liaison with organizations of professional archaeologists, historians, architects, architectural historians, planners, and others concerned with
historic preservation; (j) Development and operation of a program of public information and education concerning the preservation program; (k) Administration of the grants program within the state;
(l) Preparation and maintenance of a comprehensive statewide historic preservation plan; and (m) The immediate transmittal to the Department of Parks and to the Commonwealth's Railtrail Development Office in the Department for Local
Government of any information received from a railroad or other person
having an ownership interest in a railroad corridor pertaining to a proposed or
pending action or proceeding to obtain federal authority for the regulatory
abandonment of that railroad corridor. Page 3 of 3 Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 117, sec. 76, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 16, sec. 46, effective June 25, 2009. -- Amended 2007 Ky. Acts
ch. 11, sec. 4, effective June 26, 2007; and ch. 47, sec. 80, effective June 26, 2007. --
Amended 2006 Ky. Acts ch. 211, sec. 110, effective July 12, 2006. -- Amended 2000
Ky. Acts ch. 338, sec. 8, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 209,
sec. 17, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 496, sec. 54, effective
July 13, 1990. -- Amended 1984 Ky. Acts ch. 142, sec. 1, effective July 13, 1984. --
Amended 1982 Ky. Acts ch. 396, sec. 39, effective July 15, 1982. -- Amended 1978
Ky. Acts ch. 154, sec. 13, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 32,
sec. 1. -- Created 1966 Ky. Acts ch. 87, sec. 3.