146.560 Kentucky Heritage Land Conservation Fund Board.
586 words·~3 min read·
/ky/chapter-146/146-560A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.