{"data":{"id":"us-ky/krs-171.394","jurisdiction":"us-ky","citation":"KRS 171.394","heading":"Kentucky battlefield preservation fund -- Purposes and uses -- Grants","body":"program -- Eligible costs -- Easements -- Duties of council.\n(1) There is hereby established in the State Treasury a trust and agency account to be\nknown as the Kentucky battlefield preservation fund.\n(2) The account shall consist of moneys received from state appropriations, gifts,\ngrants, and federal funds.\n(3) The account shall be administered by the Kentucky Heritage Council.\n(4) Notwithstanding KRS 45.229, moneys in the account not expended at the close of a\nfiscal year shall not lapse but shall be carried forward into the next fiscal year.\n(5) Any interest earnings of the account shall become a part of the account and shall\nnot lapse.\n(6) Moneys deposited into the accou nt are hereby appropriated for the purposes set\nforth in this section and shall not be appropriated or transferred by the General\nAssembly for any other purposes.\n(7) (a) Amounts deposited in the account shall be used exclusively by the Kentucky\nHeritage Council to provide grants. Grants shall be made to private nonprofit\norganizations.\n(b) All grants shall be made solely for the fee simple purchase of, or purchase of\nprotective interests in:\n1. Any Kentucky battlefield site considered in:\na. The report issued by the Civil War Sites Advisory Commission,\nNational Park Service, 1993, as amended, entitled Report on the\nNation's Civil War Battlefields; or\nb. The report prepared by the American Battlef ield Protection\nProgram, National Park Service, U.S. Department of the Interior,\nSeptember 2007, as amended, entitled Report to Congress on the\nHistoric Preservation of Revolutionary War and War of 1812 Sites\nin the United States; or\n2. Any site associated  with the Underground Railroad that is eligible for\nNational Historic Landmark designation or for listing in the National\nRegister of Historic Places.\n(8) (a) Private nonprofit organizations seeking grant funding from the account shall\nbe required to provide matching funds from any non-state sources as follows:\n1. On a dollar -for-dollar basis for Civil War battlefields and Underground\nRailroad sites; or\n2. One dollar ($1) for each three dollars ($3) from the account for\nRevolutionary War battlefields.\n(b) For the purposes of this subsection, \"matching funds\" means cash or the\ndonation of land, or interest therein, made by the landowner as part of the\nproposed project.\n(c) No state funds may be included in determining the amount of the match.\n(d) Grants from the account shall be based on the appraised value of the land or\npermanent protective interests therein and the matching fund ratios\nestablished in paragraph (a) of this subsection.\n(e) Grants from the account may be awarded for prospective purchases.\n(9) Eligible costs for which moneys from the account may be allocated include:\n(a) Acquisition of land and any improvements thereon;\n(b) Permanent protective interests;\n(c) Conservation easements;\n(d) Costs of appraisals;\n(e) Environmental reports;\n(f) Surveys;\n(g) Title searches and title insurance; and\n(h) Any other closing costs.\n(10) (a) Any eligible organization making an acquisition of land or interest therein\nshall grant to the Commonwealth a perpetual easement placing restrictions on\nthe use or development of the land.\n(b) All terms and conditions of the easement shall be reviewed by and found by\nthe Kentucky Heritage Council to be consistent with other conservation\neasements under KRS 67A.840 to 67A.850.\n(c) Any eligible organization shall demonstrate to the Kentucky Heritage Council\nthat it has the capacity and expertise to manage and enforce the terms of the\neasement.\n(11) The Kentucky Heritage Council shall:\n(a) Establish, administer, manage, and make expenditures and allocations from\nthe account;\n(b) Establish guidelines for applications for grants of moneys from the account;\n(c) Prioritize and award grants of moneys from the account; and\n(d) Consider in relation  to core and study areas of the sites identified in\nsubsection (7)(b) of this section:\n1. The significance of the site;\n2. The location of the proposed project;\n3. The proximity to other protected lands;\n4. The threat to and integrity of the features assoc iated with the historic\nsignificance of the site; and\n5. The financial and administrative capacity of the applicant to complete\nthe project and to maintain and manage the property consistent with the\npublic investment and public interest, including:\na. Education;\nb. Recreation;\nc. Research;\nd. Heritage tourism promotion; or\ne. Orderly community development.\n(12) Nothing in this section shall be construed to prevent the subsequent transfer of\nproperty acquired under this section to the United States of Ameri ca, its agencies,\nor instrumentalities.","path":["KRS Chapter 171"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53632","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:22Z","sha256":"39ff31c42cbc0ff0a5e11064b6f5105202dafa6b062e2780cd1e828a2e66b8f2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-171.393","next":"us-ky/krs-171.395"},"notice":"GroundRules: Original legal text. Not legal advice."}