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Code · Kentucky · Chapter 147A — Program development

147A.250 Railtrail Development Office -- Authority to apply for grants.

442 words·~2 min read·/ky/chapter-147a/147a-250

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A Railtrail Development Office is hereby created within the Department for Local Government. The Department for Local Government shall ensure that the office has the necessary expertise to carry out the requirements imposed upon it by this section. Among other railtrail functions and duties which may be assigned to it, the Railtrail Development Office shall carry on at least the following responsibilities:
(1)The office shall monitor the proceedings of the United States Department of
Transportation's Surface Transportation Board and shall disseminate to interested
entities in Kentucky information regarding those proceedings of interest to railtrail
conversion or policy in the Commonwealth. If a railroad applies to the Surface
Transportation Board for authority to discontinue service over or abandon a railroad
corridor in the Commonwealth, the office shall immediately notify those political
subdivisions through which the corridor passes and any interested state agency of
the proceedings and the potential for trail development of the corridor. Notice shall
also be sent to the county judge/executive of each county through which the
proposed abandonment passes, who shall distribute copies of the notice to each
member of the chief legislative body of the county government at the next regularly
scheduled meeting of that legislative body. The office shall also send a copy of the
notice to each soil and water conservation district through which the abandonment
passes. If time is of the essence and it appears that the corridor is a suitable
candidate for conversion to a railtrail and that no other railtrail interested entity will
be participating in the federal proceeding, the office shall take those steps necessary
to cause a railbanking or public use condition to be imposed in the federal
proceeding;
(2)The office shall assist any requesting political subdivision or agency of state
government with assistance on any application to the Surface Transportation Board
regarding an abandoned or about-to-be-abandoned railroad corridor, including any
requests for railbanking or imposition of public use conditions;
(3)The office shall coordinate and promote railtrail development efforts among the
various agencies of state government, including the Department of Parks and the
Transportation Cabinet. While this subsection does not confer upon the office any
powers beyond those that it may ordinarily possess, every entity of state government
shall cooperate with the office to the extent practicable under the circumstances;
(4)The office shall furnish to requesting political subdivisions assistance in applying to
available federal, state, or local funding sources for funds to be used for the process
of converting railroad corridors into public use trails; and
(5)The office may apply for federal, state, or private grants or other forms of financial
assistance to carry on its mission.
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