{"data":{"id":"us-ky/krs-148.0223","jurisdiction":"us-ky","citation":"KRS 148.0223","heading":"Duties of authority -- Prioritizing contractual obligations -- Authorized","body":"functions -- No waiver of sovereign immunity.\n(1) The KMRRA shall:\n(a) Supervise the design and construction of trail systems within the KMRA and\nprovide all management functions for the trails and for any other property\nbuilt, acquired, or leased pursuant to its powers under KRS 148.0221 to\n148.0225;\n(b) Construct, develop, manage, maintain, operate, improve, renovate, finance, or\notherwise provide for recreational and t rail-related activities and facilities on\ndesignated public lands and private lands of participating landowners who\nhave voluntarily entered into use agreements with the board;\n(c) Promote the growth and development of the trail system, tourism, and the\nhotel, restaurant, and entertainment industry within the KMRA and the\nCommonwealth, through marketing KMRA to enhance local economic and\ntourism development;\n(d) Establish agreements with other persons, businesses, agencies, organizations,\nor any other entit y to levy a surcharge on tickets for events, activities,\nfestivals, or functions that are cosponsored with other entities and contribute\nto the authority's operating revenue; and\n(e) Procure insurance against any losses in connection with its property, lic enses,\neasements, or contracts, including hold -harmless agreements, operations, or\nassets in such amounts and from such insurers as the board considers\ndesirable.\n(2) The board's management program shall prioritize contractual arrangements with\nprivate landowners to use land for recreational purposes, which shall not diminish\nthe participating landowner's interest, control, or profitability of the land. If\nnecessary to implement a comprehensive trail system, the board may also contract\nwith public landowner s through contractual agreements that recognize the primary\nmission for which the public entity controls and manages the land.\n(3) The board may carry out any of the following to accomplish the purposes of KRS\n148.0221 to 148.0225:\n(a) Acquire, own, and ho ld property, and all interests therein, by deed, purchase,\ngift, devise, bequest, or lease, or by transfer from the State Property and\nBuildings Commission, except that the authority shall not acquire property\nthrough the exercise of the power of eminent domain;\n(b) Dispose of any property acquired in any manner provided by law;\n(c) Lease property, whether as lessee or lessor, and acquire or grant through\neasement, license, or other appropriate legal form, the right to develop and use\nproperty and open it to the use of the public;\n(d) Mortgage or otherwise grant security interests in its property;\n(e) Maintain sinking funds and reserves as the board determines appropriate for\nthe purposes of meeting future monetary obligations and needs of the\nauthority; however, contributions to a sinking fund during a fiscal year shall\nnot exceed ten percent (10%) of the total fees collected during the prior year;\n(f) Sue and be sued, plead and be impleaded, and complain and defend in any\ncourt;\n(g) Make contracts and execute instruments necessary for carrying on its business,\nincluding contracts with any Kentucky state agency, the federal government,\nor any person, individual, partnership, or corporation to effect any or all of the\npurposes of KRS 148.0221 to 148.0225, as follows:\n1. Contracts shall go through a public bidding process;\n2. Contracts for one thousand dollars ($1,000) or more shall be sent, with\nat least three (3) bids from separate entities, to the Department for Local\nGovernment for review and final approval;\n3. Bids from entities within KMRRA participating counties are to be given\npreference over competing bidders from outside of KMRRA\nparticipating counties; and\n4. If the Department for Local Government has not given a response in the\nform of an approval or rejection after five (5) business days from the\ndate the department received the contract to be reviewed, it shall be\nconsidered approved;\n(h) Accept grants and loans from and enter into contracts and other transactions\nwith any fed eral agency, regional commission, or state agency for\naccomplishing the purposes of KRS 148.0221 to 148.0225;\n(i) Borrow money and issue bonds, security interests, or notes;\n(j) Provide for and secure the payment of the bonds, security interests, or notes;\n(k) Provide for the rights of the holders of the bonds, security interests, or notes;\n(l) Purchase, hold, and dispose of any of its bonds, security interests, or notes;\n(m) Accept gifts or grants of property, security interests, money, labor, supplies, or\nservices from any governmental unit or from any person, firm, or corporation;\n(n) Establish a regional recreational trail system based upon contracts and\nagreements with participating landowners. The board may enter into contracts\nwith landowners, and oth er persons holding an interest in the land being used\nfor its recreational facilities, to hold those landowners harmless with respect\nto any claim in tort growing out of the use of the land for public recreation or\ngrowing out of the recreational activitie s operated or managed by the board\nfrom any claim, except a claim for damages proximately caused by the willful\nor malicious conduct of the landowner or any of his or her agents or\nemployees;\n(o) 1. Establish a fee-based system of permits, user registratio ns, or other trail\nor facility access mechanisms.\n2. The fees may be imposed for access to and use of the trails, parking\nfacilities, visitor centers, or other trail -related recreational purpose\nfacilities or recreation activities that are part of the KMRA  or as an\nadmission to an event.\n3. The fees shall be decided by the board.\n4. The KMRRA shall retain and use the revenue from fees for any\npurposes consistent with KRS 148.0221 to 148.0225 and within the\nguidelines in subsection (4) of this section;\n(p) Promulgate administrative regulations in accordance with KRS Chapter 13A\nto govern use and maintenance of the KMRA and any other matters for\neffective management of the KMRA;\n(q) Cooperate and contract with the regional recreation authorities of Tennessee,\nVirginia, West Virginia, and other contiguous states to connect the trails in\nKentucky with similar recreation facilities in those states; and\n(r) Exercise all of the powers that a corporation may lawfully exercise under the\nlaws of the Commonwealth.\n(4) The fees collected by the KMRRA are to be used within the following guidelines:\n(a) To pay the salary of the executive director and all staff of the KMRRA;\n(b) To reimburse travel expenses of board members including lodging, subject to\nFinance and Administration Cabinet administrative regulations;\n(c) To fund the construction, maintenance, and all necessary expenses of the\nKMRRA trail system;\n(d) To maintain a sinking fund with contributions to the fund during a fiscal year\nnot to exceed ten percent (10%) of the total fees collected during the prior year\nand the total fund not to exceed a balance of one million dollars ($1,000,000)\nat the end of any fiscal year; and\n(e) Any remaining moneys not already appropriated in accordance with KRS\n148.0221 to 148.0225 at the end of the fiscal year are to be sent to the\nDepartment for Local Government to be placed into an account to be used\nexclusively for economic development grants in KMRRA participating\ncounties. These grants shall give preference to projects in econo mically\ndistressed counties, then to at -risk counties, and then to transitional counties,\nas defined by the Appalachian Regional Commission.\n(5) Nothing in this section shall be construed as a waiver of sovereign immunity.","path":["KRS Chapter 148"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49297","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:40Z","sha256":"f86ee25aeda2ff3ca27c04c83ffd17694e336d8514c3f32800283ddec39ffacb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-148.0222","next":"us-ky/krs-148.0224"},"notice":"GroundRules: Original legal text. Not legal advice."}