2013 Kentucky Revised Statutes CHAPTER 171 - STATE LIBRARIES -- LIBRARIANS -- STATE ARCHIVES AND RECORDS 171.381 Duties and functions of council -- Duties of state historic preservation officer.
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171.381 Duties and functions of council -- Duties of state historic
preservation officer.
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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.
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.
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.
The receipt, control, and expenditure of funds shall be subject to the general
provisions of the Kentucky Revised Statutes governing financial administration
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of all state agencies.
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.
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.
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.
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.
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