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146.560 Kentucky Heritage Land Conservation Fund Board.
(1)
(2)
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 director of the Kentucky Nature Preserves Commission 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) 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 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 Department of Agriculture, and one (1) by the
Kentucky Association of 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 Chapter of the Sierra Club, and one (1) by the Kentucky
Conservation 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 the Department of Fish and Wildlife Resources. Of the seven (7)
members identified in paragraphs (f) to (k) of this subsection and first
appointed, two (2) shall continue in office for terms of one (1) year, two (2) for
terms of two (2) years, and three (3) for terms of three (3) years, as the
Governor designates. At the expiration of the original terms and for all
succeeding terms, the Governor shall appoint a successor to the board for a
term of three (3) years in each case. Members 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.
The board shall promulgate 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 board shall promulgate administrative regulations 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.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 62, sec. 1, effective June 25, 2013. -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
ch. 328, sec. 1, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 446, sec. 2,
effective July 13, 1990.
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