KRS § 146.560 — KY Code / Title XII / Chapter 146 / Section 146.560
146.560 Kentucky Heritage Land Conservation Fund Board
Status: in_force

146.560 Kentucky Heritage Land Conservation Fund Board.

(1) There is hereby established a Kentucky Heritage Land Conservation Fund Board,

referred to hereafter as "the board," which shall administer the Kentucky Heritage

Land Conservation fund established in KRS 146.570 and shall review and approve

all grants payable from the fund. The board shall consist of the following members:

(a) The commissioner of the Department of Parks or a designee;

(b) The executive director of the Office of Kentucky Nature Preserves or a

designee;

(c) The commissioner of the Department for Natural Resources or a designee;

(d) The commissioner of the Department of Fish and Wildlife Resources or a

designee;

(e) One (1) person appointed by the Governor, from two (2) persons nominated

by the League of Kentucky Sportsmen;

(f) One (1) person appointed by the Governor, from two (2) persons recognized

for their expertise in natural resource issues and nominated by the Kentucky

Academy of Sciences;

(g) One (1) person appointed by the Governor, from three (3) persons nominated,

one (1) by the Kentucky Farm Bureau, one (1) by the Commissioner of the

Department of Agriculture, and one (1) by the Kentucky Association of

Conservation Districts;

(h) One (1) person appointed by the Governor, from four (4) persons nominated,

one (1) by the Kentucky Audubon Council, one (1) by the Cumberland

Chapter of the Sierra Club, one (1) by the Kentucky Chapter of the Nature

Conservancy, and one (1) by the Kentucky Conservation Committee; and

(i) One (1) person appointed by the Governor with at least five (5) years of

experience in natural resources land acquisition.

The board shall receive staff support from the Office of Kentucky Nature Preserves.

Board members shall serve terms of three (3) years and they may be reappointed. A

vacancy in an unexpired term shall be filled for the unexpired portion of the term in

the same manner as the original appointment to that term. The Governor shall

appoint a chairperson for the board, selected from seated members of the board.

(2) The cabinet may promulgate upon recommendation of the board in accordance with

the provisions of KRS Chapter 13A administrative regulations as are deemed

necessary for application for funds from the agencies and private, nonprofit land

trust organizations identified in KRS 146.570, review and approval of proposed

projects, and review and approval of grants. Grants shall be made in amounts, for

purposes, and to the agencies and private, nonprofit land trust organizations

identified in KRS 146.570 as meet the priorities for acquisition which are:

(a) Natural areas that possess unique features such as habitat for rare and

endangered species;

(b) Areas important to migratory birds;

(c) Areas that perform important natural functions that are subject to alteration or

loss; or

(d) Areas to be preserved in their natural state for public use, outdoor recreation

and education.

The cabinet may promulgate administrative regulations, upon recommendation of

the board and in accordance with the provisions of KRS Chapter 13A, on

acquisition based on these priorities and property costs seeking to maximize the

greatest public benefit by taking advantage of those priority areas available below

fair market value and where public or private funds are available on a matching

basis. Additionally, private, nonprofit land trust organizations, in order to be

eligible to receive grants, shall match dollar-for-dollar any funds approved by the

board. The board shall expend the whole or any part of the principal and interest as

needed. KRS 146.550 to 146.570 shall not allow the use of condemnation powers

and shall only allow acquisition of land from willing sellers.