KRS 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 p rotection 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 whi ch 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.

(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 th e 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 organiz ations 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 Dev elopment 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.