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KANSAS STATUTES AND CODES
49-417. Reclamation by secretary; use of authorized funds; authority to contract; competitive bids; posting of bond or cash deposit by contractor; release of operator's bond, when.
49-417
49-417. Reclamation by secretary; use of authorized funds; authority tocontract; competitive bids; posting of bond or cash deposit by contractor;release of operator's bond, when.(a) In the reclamation of land affected by surface mining for whichfunds are available to the secretary, the secretarymay avail itself of any services which may beprovided by other state agencies or by agencies of the federal government,and may compensate them for such services. The secretaryalso may receive anyfederal funds, state funds or any other funds for the reclamation of landaffected by surface mining. The secretary may cause thereclamation work to bedone by departmental employees or by the employees of other governmentalagencies, soil conservation districts, or through contracts with qualifiedpersons. Such contracts shall be awarded to the lowest responsible bidderupon competitive bids after advertising forbids in the Kansas register at least 30 days prior to bid opening. The departmentand anyother agency and any contractor under a contract with thesecretary shall havethe right of access to the land affected to carry out such reclamation.
(b) Any funds available to the secretary and any publicworks program, bothfunds and services, may be used and expended to reclaim and rehabilitateany lands that have been subjected to surface mining that have not beenreclaimed and rehabilitated in accordance with standards set by this actand which are not covered by bond to guarantee such reclamation.
(c) A person or organization having qualifications acceptable to the secretarymay post bond or a cash deposit in a sum determined by thesecretary and assumethe liability for carrying out the reclamation plan approved by the secretaryin areas where the mining operation and any necessary grading have beencompleted. The secretary then shall release thebond posted by the operator forsuch area.
History: L. 1968, ch. 395, § 17; L. 1983, ch. 274, § 3;L. 1988, ch. 192, § 23; July 1.