418 KAR 1:070. Remedies.

 

      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,

and acquisition of land. This administrative regulation establishes the

requirements for maintaining land acquired with fund money and enables the board

to ensure that fund money is used for acquisition and management, in accordance

with KRS 146.560.

 

      Section

1. Forfeiture of Funds. (1)(a) Except as provided by paragraph (b) of this

subsection, funds approved by the board pursuant to KRS 146.570(4)(f) for land

acquisition which, within two (2) years of board approval, are not expended on

acquisition of approved land shall revert to the fund.

      (b)

The board may grant an extension upon receipt of a written request.

      (2)(a)

Except as provided by paragraph (b) of this subsection, funds initially

approved by the board for management pursuant to KRS 146.570(4)(f) which,

within two and one-half (2 1/2) years of receipt of funds from the board, are

not expended on management of approved land shall revert to the fund.

      (b)

The board may grant an extension upon receipt of a written request.

 

      Section

2. Forfeiture of Land. (1) Land acquired with fund money shall be subject to

forfeiture. The board may initiate legal proceedings for forfeiture if any of the

following occurs:

      (a)

Failure to maintain and manage land acquired with fund proceeds for the

purposes established in KRS 146.560(2)(a)-(d);

      (b)

Violation of a memorandum of agreement between the board and the recipient of fund

money;

      (c)

Violation of the terms of a conservation easement pertaining to land purchased,

in whole or in part, with fund proceeds;

      (d)

Falsification of information or inaccurate information in the grant application;

      (e)

Failure to provide, within ninety (90) days of acquisition, verification of

land acquisition and money expended for acquisition;

      (f)

Falsification of information or inaccurate information in the preliminary or

final RMP;

      (g)

Failure to adhere to, or implement, the most recent RMP which has received board

approval;

      (h)

Failure to submit a final RMP to the board within two and one-half (2 1/2)

years of receipt of funds from the board;

      (i)

Expenditure of fund money on anything other than items which have received

prior board approval;

      (j)

Failure to provide verification of money expended on management of the land,

unless the recipient has requested and received an extension of time. The board

may grant an extension upon receipt of a written request;

      (k)

Failure to submit reports to the board pursuant to 418 KAR 1:060, Section 10;

      (l)

An attempt to transfer land in violation of 418 KAR 1:060, Section 12; or

      (m)

Dissolution of the recipient entity.

      (2)

Land forfeited pursuant to this administrative regulation shall be transferred

to an appropriate land management entity, as designated by the board. Forfeited

land shall continue to be managed in accordance with 418 KAR 1:060, Section 1.

 

      Section 3. Remedies. The board may

utilize all remedies available to it by law, including an injunction and

restraining order to enforce the provisions of KRS 146.550 through 146.570, 418

KAR Chapter 1, and any other applicable laws of the Commonwealth of Kentucky;

any application submitted to the board; any memorandum of agreement between the

board and a recipient of fund money; any conservation easement which pertains

to land purchased, in whole or in part, with fund money; and any RMP approved

by the board. (21 Ky.R. 2859; Am. 22 Ky.R. 96; eff. 7-12-95; 25 Ky.R.

2948; 26 Ky.R. 597; eff. 9-8-99; 39 Ky.R. 854; 1397; eff. 2-1-2013.)