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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 <br>Land Conservation fund established in KRS 146.570 and shall review and approve <br>all grants payable from the fund. The board shall consist of the following members: <br>(a) The commissioner of the Department of Parks or a designee; <br>(b) The director of the Kentucky Nature Preserves Commission or a designee; <br>(c) The commissioner of the Department for Natural Resources or a designee; <br>(d) The commissioner of the Department of Fish and Wildlife Resources or a
designee;
(e) The chairperson of the Kentucky Environmental Education Council or a
designee;
(f) One (1) person appointed by the Governor, from two (2) persons nominated
by the Kentucky Chapter of the Nature Conservancy;
(g) One (1) person appointed by the Governor, from two (2) persons nominated
by the League of Kentucky Sportsmen;
(h) Two (2) persons appointed by the Governor, from four (4) persons recognized
for their expertise in natural resource issues and nominated by the Kentucky <br>Academy of Sciences;
(i) 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 <br>Department of Agriculture, and one (1) by the Kentucky Association of <br>Conservation Districts;
(j) One (1) person appointed by the Governor, from three (3) persons nominated,
one (1) by the Kentucky Audubon Council, one (1) by the Cumberland <br>Chapter of the Sierra Club, and one (1) by the Kentucky Conservation <br>Committee; and
(k) 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 Energy and Environment Cabinet and <br>the Department of Fish and Wildlife Resources. Of the seven (7) members <br>identified in paragraphs (f) to (k) of this subsection and first appointed, two (2) shall <br>continue in office for terms of one (1) year, two (2) for terms of two (2) years, and <br>three (3) for terms of three (3) years, as the Governor designates. At the expiration <br>of the original terms and for all succeeding terms, the Governor shall appoint a <br>successor to the board for a term of three (3) years in each case. Members may be <br>reappointed. A vacancy in an unexpired term shall be filled for the unexpired <br>portion of the term in the same manner as the original appointment to that term. The <br>Governor shall appoint a chairperson for the board.
(2) The board shall promulgate in accordance with the provisions of KRS Chapter 13A
administrative regulations as are deemed necessary for application for funds from <br>the agencies identified in KRS 146.570, review and approval of proposed projects,
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and review and approval of grants. Grants shall be made in amounts, for purposes, <br>and to the agencies identified in KRS 146.570 as meet the priorities for acquisition <br>which are: <br>(a) Natural areas that possess unique features such as habitat for rare and
endangered species;
(b) Areas important to migratory birds; <br>(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 board shall promulgate administrative regulations in accordance with the <br>provisions of KRS Chapter 13A on acquisition based on these priorities and <br>property costs seeking to maximize the greatest public benefit by taking advantage <br>of those priority areas available below fair market value and where public or private <br>funds are available on a matching basis. The board shall expend the whole or any <br>part of the principal and interest as needed. KRS 146.550 to 146.570 shall not allow <br>the use of condemnation powers and shall only allow acquisition of land from <br>willing sellers.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 134, effective July 15, 2010. -- Amended
1998 Ky. Acts ch. 67, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts <br>ch. 328, sec. 1, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 446, sec. 2, <br>effective July 13, 1990.
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