reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-402 Declaration of policy.

49-402.
Declaration of policy.
Where surface mining operations are conducted, it is declared to be the policy of this state to provide for the reclamation of affected lands to encourage productive use including but not limited to: The planting of forests; the seeding of grasses and legumes for grazing purposes; the planting of crops for harvest; the enhancement of wildlife and aquatic resources; the establishment of recreational, home and industrial sites; and for the conservation, development, management and appropriate use of all the natural resources of such areas for compatible multiple purposes and protecting the health, safety and general welfare of the people, as well as the natural beauty and aesthetic values, in the affected areas of this state. It is also declared to be the policy of this state to authorize the secretary to take such action as may be necessary to qualify to administer the regulatory programs adopted by the United States department of the interior, office of surface mining reclamation and enforcement, pursuant to the national surface mining control and reclamation act of 1977 (public law 95-87).
History: L. 1968, ch. 395, § 2; L. 1978, ch. 208, § 1; L. 1988, ch. 192, § 6; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-402b Appropriations, unexpended balances transferred, use; officers and employees, liability for accrued compensation assumed by department of health and environment.

49-402b.
Appropriations, unexpended balances transferred, use; officers and employees, liability for accrued compensation assumed by department of health and environment.
(a) On the effective date of this act, the balance of all funds appropriated and reappropriated to the state corporation commission for the activities of the mined-land conservation and reclamation board is hereby transferred to the Kansas department of health and environment and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this act, the liability for all accrued compensation or salaries of all officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency, board or office abolished by this act, or which becomes a part of the Kansas department of health and environment, or the powers, duties and functions of which are transferred to the secretary of the Kansas department of health and environment, shall be assumed and paid by the Kansas department of health and environment.
History:
L. 1988, ch. 192, § 2; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-402c Property and records transferred; resolution of conflicts by governor.

49-402c.
Property and records transferred; resolution of conflicts by governor.
(a) The Kansas department of health and environment shall succeed to all property, property rights and records which were used for or pertain to the performance of the powers, duties and functions transferred pursuant to this act. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer, attachment or abolition of any state agency, board or office, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
(b) When any conflict arises as to the disposition of any power, duty or function or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
History:
L. 1988, ch. 192, § 3; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-402d Rights saved in legal actions and proceedings.

49-402d.
Rights saved in legal actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the state corporation commission or the mined-land conservation and reclamation board, or by or against any officer of the commission or the board in relation to the discharge of such officer's official duties, shall abate by reason of the transfer of powers, duties and functions effected under provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the Kansas department of health and environment or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking of effect of this act.
History:
L. 1988, ch. 192, § 4; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-402e Officers and employees transferred; civil service status; benefits and rights retained.

49-402e.
Officers and employees transferred; civil service status; benefits and rights retained.
(a) On the effective date of this act, all officers and employees who were engaged immediately prior to the effective date of this act in the performance of powers, duties and functions which are transferred pursuant to the provisions of this act, and who in the opinion of the secretary of the Kansas department of health and environment are necessary to perform such powers, duties and functions, shall be transferred to and shall become officers and employees of the Kansas department of health and environment. All officers and employees so transferred shall be in the classified service under the Kansas civil service act. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer or employee so transferred shall be deemed to have been continuous.
History:
L. 1988, ch. 192, § 5; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-404 Employment of inspectors and other personnel; contracts for technical services authorized; financial interest in coal mining operation prohibited; penalties for violation of prohibition; rules and regulations for enforcement; reports to congress.

49-404.
Employment of inspectors and other personnel; contracts for technical services authorized; financial interest in coal mining operation prohibited; penalties for violation of prohibition; rules and regulations for enforcement; reports to congress.
Within the limits of appropriations therefor, the secretary may employ inspectors, clerical help and other personnel as may be necessary for the purpose of administering and enforcing the provisions of the mined-land conservation and reclamation act. Within the limits of appropriations therefor, the secretary may enter into contracts with consultants for services of a technical nature which may be required in the administration of the mined-land conservation and reclamation act. No employee of the department who performs any function or duty under this act shall have a direct or indirect financial interest in any underground or surface coal mining operation. The secretary shall prescribe by regulations, methods for filing employee statements to aid in enforcement of this provision. Whoever knowingly violates the provisions of the prohibition against financial interests shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or both. The secretary shall adopt rules and regulations to establish methods by which this prohibition shall be monitored and enforced, to provide for filing by employees and review of statements and supplements thereto concerning any financial interest which may be affected by this prohibition, and to make such reports to congress related thereto that may be required by the national surface mining control and reclamation act of 1977 (public law 95-87).
History:
L. 1968, ch. 395, § 4; L. 1974, ch. 348, § 23; L. 1974, ch. 229, § 1; L. 1978, ch. 208, § 3; L. 1979, ch. 169, § 2; L. 1988, ch. 192, § 8; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-405a Training, examination and certification of certain persons responsible for blasting or use of explosives; rules and regulations requiring.

49-405a.
Training, examination and certification of certain persons responsible for blasting or use of explosives; rules and regulations requiring.
In accordance with the provisions of this act, the secretary shall promulgate rules and regulations requiring the training, examination and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.
History:
L. 1979, ch. 169, § 9; L. 1988, ch. 192, § 10; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-405d Inspections, when; reports; signs, where, required information; violations; public records.

49-405d.
Inspections, when; reports; signs, where, required information; violations; public records.
(a) Departmental inspections shall be made on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quarter for the mining and reclamation operations covered by each permit. Inspections shall occur without prior notice to the operator or its agents or employees except for necessary on site meetings and shall include filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this act. When an inspection results from information provided to the department by any person, either directly or through the secretary of the interior, the secretary shall notify such person when the inspection is proposed to be carried out, and such person shall be allowed to accompany the inspector during the inspection.
(b) Each operator shall maintain at the entrances of the surface coal mining and reclamation operations a clearly visible sign which sets forth the name, business address, and phone number of the operator and the permit number of the surface coal mining and reclamation operations.
(c) Each inspector, upon detection of each violation of any requirement of this act, or the national surface mining control and reclamation act of 1977 (public law 95-87), shall inform the operator in writing, and shall report in writing any such violation to the secretary.
(d) Copies of any records, reports, inspection materials, or information obtained under this title by the department shall be made immediately available to the public at the department's field office so that they are conveniently available to residents in the areas of mining.
History:
L. 1979, ch. 169, § 14; L. 1988, ch. 192, § 13; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-408 Reclamation of land affected by surface mining; regulations of secretary; extent that water on such land shall become public waters.

49-408. Reclamation of land affected by surface mining; regulations of secretary; extent that water on such land shall become public waters.
(a) All land affected by surface coal mining and reclamation operations, except as otherwise provided in this act, shall be reclaimed and all operations shall be conducted, in accordance with the requirements and specifications of the national surface mining control and reclamation act of 1977, public law 95-87, and federal rules and regulations adopted pursuant thereto. The secretary shall issue such regulations as may be required to conform to the requirements of the national act.
(b) All waters in existence on mined land after reclamation is completed shall become public waters to the extent they may be stocked with fish from the state or federal hatcheries and shall be under the law enforcement jurisdiction of the Kansas department of wildlife and parks. The owner of the mined land containing such waters shall retain all other rights consistent with the ownership thereof.
History:
L. 1968, ch. 395, § 8; L. 1974, ch. 229, § 3; L. 1978, ch. 208, § 7; L. 1979, ch. 169, § 6; L. 1988, ch. 192, § 16; L. 2012, ch. 47, § 82; L. 2023, ch. 7, § 109; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-409 Revegetation of affected areas.

49-409.
Revegetation of affected areas.
After the area of land affected, except access roads, has been graded and found by the secretary to meet the requirements of K.S.A. 49-408, and amendments thereto, and rules and regulations promulgated hereunder, the operator shall revegetate the affected area described in the application with seeds, plants or cutting of trees, shrubs or grasses, as shall be recommended or approved in writing by the secretary. Such revegetation shall conform to the approved land-use objectives as stated in the approved plan of reclamation. Such seeding or planting, as required above, shall be carried out in accordance with the revegetation plan which shall be filed with the department before November 30 of the year preceding planting. Such revegetation plan shall include information on the approximate number or kinds of plants or seeds to be used together with such seed or plant recommendations as set forth by the department. The secretary may establish additional requirements relating to revegetation and the revegetation plan as may be necessary in order to comply with the provisions of the national surface mining control and reclamation act of 1977 (public law 95-87) and federal rules and regulations adopted pursuant thereto.
History:
L. 1968, ch. 395, § 9; L. 1978, ch. 208, § 8; L. 1988, ch. 192, § 17; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-410 Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit.

49-410.
Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit.
(a) (1) During the term of the permit an operator may submit an application to amend the permit, together with a revised reclamation plan, to the department.
(2) An application to amend a permit shall not be approved unless the secretary finds that reclamation as required by this act can be accomplished under the amended reclamation plan. The amended plan shall be approved or disapproved within a period of time established by the secretary, and the secretary shall establish guidelines for a determination of the scale or extent of an amendment request for which all permit application information requirements and procedures, including notice and hearings, shall apply. Any amendments which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.
(b) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this act shall be made without the written approval of the secretary.
(c) The department within a time limit prescribed in regulations promulgated by the secretary, shall review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit. Such revision or modification shall be based upon written findings and subject to notice and hearing requirements.
History:
L. 1968, ch. 395, § 10; L. 1978, ch. 208, § 9; L. 1979, ch. 169, § 7; L. 1988, ch. 192, § 18; L. 1990, ch. 194, § 2; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-411 Commencement of reclamation, when; grading.

49-411.
Commencement of reclamation, when; grading.
An operator shall commence the reclamation of the area of land affected by its operation contemporaneous with the surface mining of that area in accordance with a plan of reclamation required by the mined-land conservation and reclamation act and rules and regulations adopted pursuant thereto. Except as otherwise provided in the mined-land conservation and reclamation act or rules and regulations adopted pursuant thereto, grading shall be kept current with the operation as required herein, and no permit or supplement to a permit shall be issued if these practices are not current.
History:
L. 1968, ch. 395, § 11; L. 1974, ch. 229, § 4; L. 1978, ch. 208, § 10; L. 1981, ch. 213, § 4; May 18.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-413 Planting report; inspection and evaluation of vegetative cover.

49-413.
Planting report; inspection and evaluation of vegetative cover.
When the planting of a permit area is completed, the operator shall file a planting report with the secretary on a form to be prescribed and furnished by the department giving the following information: (a) Identification of the operation;
(b) the type of planting or seeding, including mixtures and amounts;
(c) the date of planting or seeding;
(d) the area of land planted; and
(e) such other relevant information as the secretary may require.
All planting reports shall be signed by the operator.
Inspection and evaluation for vegetative cover shall be made as soon as it is possible to determine if a satisfactory stand has been established.
History:
L. 1968, ch. 395, § 13; L. 1974, ch. 229, § 5; L. 1981, ch. 213, § 5; L. 1988, ch. 192, § 19; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-416 Effect of revocation of permit or forfeiture of bond upon future permits.

49-416.
Effect of revocation of permit or forfeiture of bond upon future permits.
An operator whose mining permit has been revoked shall not be eligible to receive another permit or to have suspended permits reinstated until the operator has complied with all the requirements of the mined-land conservation and reclamation act in respect to former permits issued to such operator. No operator who has forfeited any bond shall be eligible to receive another permit unless the land for which the bond was forfeited can be reclaimed without cost to the state, or until the operator has paid into the land reclamation fund such sum as the secretary finds is adequate to reclaim such lands.
History: L. 1968, ch. 395, § 16; L. 1981, ch. 213, § 6; L. 1988, ch. 192, § 21; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 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.
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.
(a) In the reclamation of land affected by surface mining for which funds are available to the secretary, the secretary may avail itself of any services which may be provided by other state agencies or by agencies of the federal government, and may compensate them for such services. The secretary also may receive any federal funds, state funds or any other funds for the reclamation of land affected by surface mining. The secretary may cause the reclamation work to be done by departmental employees or by the employees of other governmental agencies, soil conservation districts, or through contracts with qualified persons. Such contracts shall be awarded to the lowest responsible bidder upon competitive bids after advertising for bids in the Kansas register at least 30 days prior to bid opening. The department and any other agency and any contractor under a contract with the secretary shall have the right of access to the land affected to carry out such reclamation.
(b) Any funds available to the secretary and any public works program, both funds and services, may be used and expended to reclaim and rehabilitate any lands that have been subjected to surface mining that have not been reclaimed and rehabilitated in accordance with standards set by this act and which are not covered by bond to guarantee such reclamation.
(c) A person or organization having qualifications acceptable to the secretary may post bond or a cash deposit in a sum determined by the secretary and assume the liability for carrying out the reclamation plan approved by the secretary in areas where the mining operation and any necessary grading have been completed. The secretary then shall release the bond posted by the operator for such area.
History:
L. 1968, ch. 395, § 17; L. 1983, ch. 274, § 3; L. 1988, ch. 192, § 23; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-418 Effect on existing laws.

49-418.
Effect on existing laws.
This act shall not be construed as repealing any of the laws of the state relating to the pollution of the waters thereof, any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto.
History:
L. 1968, ch. 395, § 18; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-420 Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses.

49-420. Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses.
(a) The department shall remit all moneys received from the payment of fees or from civil penalties assessed by the secretary, including any interest thereon, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the mined-land conservation and reclamation fee fund. All expenditures from the mined-land conservation and reclamation fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary and may be expended for the administration and enforcement of this act.
(b) The mined-land reclamation fund is hereby created in the state treasury. The secretary shall remit all moneys received from the forfeiture of bonds to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the mined-land reclamation fund. The expenditures from the mined-land reclamation fund which are used for the reclamation of land shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary and shall be expended for reclamation of land affected by open pit, strip pit and surface types of mine operations. Administrative expenses associated with reclamation of the respective sites and not charged directly to the mined-land reclamation fund shall be made by intra-agency transfer to the mined-land conservation and reclamation fee fund.
History:
L. 1968, ch. 395, § 20; L. 1974, ch. 229, § 6; L. 1981, ch. 213, § 11; L. 1988, ch. 192, § 24; L. 1990, ch. 194, § 3; L. 2001, ch. 5, § 185; L. 2011, ch. 53, § 18; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-421a Penalty for interference with performance of duties of department or its employees or agents.

49-421a.
Penalty for interference with performance of duties of department or its employees or agents.
Except as permitted by law, any person who willfully resists, prevents, impedes or interferes with the department or any of its employees or agents in the performance of their duties pursuant to the mined-land conservation and reclamation act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.
History:
L. 1981, ch. 213, § 9; L. 1988, ch. 192, § 25; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-422a Judicial review.

49-422a.
Judicial review.
Any action of the secretary is subject to review in accordance with the Kansas judicial review act.
History:
L. 1979, ch. 169, § 19; L. 1981, ch. 213, § 7; L. 1986, ch. 318, § 74; L. 1988, ch. 192, § 26; L. 2010, ch. 17, § 95; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-423 Savings clause.

49-423.
Savings clause.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such clause, paragraph, subsection or section.
History:
L. 1968, ch. 395, § 23; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-425 Interests in water resources not affected; replacement of water supply.

49-425.
Interests in water resources not affected; replacement of water supply.
(a) Nothing in this act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his or her interest in water resources affected by a surface coal mining operation.
(b) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation.
History:
L. 1979, ch. 169, § 10; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-427 Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration permit.

49-427.
Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration permit.
(a) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with exploration regulations issued by the secretary. Such regulations shall include, at a minimum (1) the requirement that prior to conducting any exploration under this section, any person must file with the department a notice of intention to explore and such notice shall include a description of the exploration area and the period of supposed exploration and (2) provisions for reclamation in accordance with the performance standards of this act of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment.
(b) Information submitted to the department pursuant to this section which is a trade secret under the uniform trade secrets act (K.S.A. 60-3320 et seq. and amendments thereto), or information submitted to the department as privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall be considered confidential and shall not be available for public examination.
(c) Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the penalty provisions of this act.
(d) No operator shall remove more than 250 tons of coal pursuant to an exploration permit without specific written authority of the secretary.
History:
L. 1979, ch. 169, § 15; L. 1988, ch. 192, § 28; L. 2005, ch. 67, § 4; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-429 Application of act to underground coal mining.

49-429.
Application of act to underground coal mining.
Notwithstanding the general applicability of this act to surface mining, no person shall engage in underground coal mining in this state without first obtaining a permit from the secretary. The provisions of this act shall apply to all aspects of underground coal mining subject to the national surface mining control and reclamation act of 1977 (public law 95-87). The secretary shall enforce this act and the provisions of the national surface mining control and reclamation act of 1977 (public law 95-87) with respect to all such aspects of underground coal mining, in the same manner as for surface mining, and is authorized to adopt such rules and regulations as may be required for such enforcement.
History:
L. 1979, ch. 169, § 17; L. 1988, ch. 192, § 30; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-430 Supplemental provisions.

49-430.
Supplemental provisions.
The provisions of K.S.A. 49-405a to 49-405d, inclusive, 49-416a, 49-421a and 49-425 to 49-431, inclusive, and amendments thereto, are hereby declared to be a part of and supplemental to the mined-land conservation and reclamation act.
History:
L. 1979, ch. 169, § 20; L. 1981, ch. 213, § 8; May 18.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-431 Act not applicable to extraction of coal in certain circumstances.

49-431.
Act not applicable to extraction of coal in certain circumstances.
The mined-land conservation and reclamation act shall not apply to the extraction of coal as an incidental part of federal, state or local government-financed highway construction or other government-financed construction nor to the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3% of the tonnage of minerals removed for purposes of commercial use or sale.
History:
L. 1981, ch. 213, § 10; L. 1987, ch. 204, § 2; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 4 - Mined-land Conservation And Reclamation › 49-432 Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work.

49-432.
Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work.
(a) If the secretary makes a finding of fact that:
(1) Land or water resources have been adversely affected by past coal mining practices;
(2) the adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control or prevent should be taken;
(3) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control or prevent the adverse effects of past coal mining practices are not known or readily available; or
(4) the owners will not give permission for the secretary, or the agents, employees or contractors of the department to enter upon such property to restore, reclaim, abate, control or prevent the adverse effects of past coal mining practices; then, upon giving notice by mail to the owners, if known, or if not known, by posting notice upon the premises and advertising once in a newspaper of general circulation in the county in which the land is located, the secretary and the agents, employees or contractors of the department shall have the right to enter upon the property adversely affected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon.
(b) The secretary and the agents, employees or contractors of the department, pursuant to an approved state program, shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety and general welfare and shall not be construed as an act of condemnation of property nor trespass thereon.
History:
L. 1982, ch. 226, § 2; L. 1988, ch. 192, § 31; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 5 - Miscellaneous › 49-501 Limits on excavation of certain land; civil remedies for violations.

49-501.
Limits on excavation of certain land; civil remedies for violations.
(a) From and after the effective date of this act, land which is located outside the limits of any incorporated city and which is not zoned or is zoned for agricultural use shall not be excavated for limestone mining or quarrying purposes unless there is, for each foot of depth excavated, at least one foot of unexcavated land between the excavation and the property line of the person who owns the land being excavated. The requirement for maintenance of unexcavated land along a property line shall not be required if adjoining lands upon both sides of such property line are being excavated for such purpose.
(b) The commission of any act in violation of subsection (a) shall render the violator liable to the adjoining landowner for the payment of a civil penalty of $1,000 plus actual damages and reasonable attorney fees, recoverable in an action brought by the adjoining landowner.
History:
L. 1984, ch. 199, § 1; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 5 - Miscellaneous › 49-511 Relocation assistance for Treece community in Cherokee county; definitions.

49-511.
Relocation assistance for Treece community in Cherokee county; definitions.
As used in this act:
(a) "Affected community" means a community, located in Cherokee county and within the boundaries of a superfund site, which the secretary of health and environment determines has lost a substantial portion of the infrastructure necessary for individuals to live within the community due to government financed programs of relocation of individuals, businesses and nonprofit organizations within such superfund site. "Affected community" includes any area surrounding such community where residents of the area have lost essential services due to the community's loss of infrastructure.
(b) "Infrastructure" means basic facilities, services and installations needed for the functioning of a community, including, but not limited to, water service, fire protection, law enforcement services and retail establishments which sell groceries, toiletries and other basic necessities.
(c) "Person" means an individual or other legal entity.
(d) "Superfund site" means property which is listed on the national priorities list of superfund sites established under the comprehensive environmental response, compensation, and liability act (CERCLA), 42 U.S.C.A. § 9601 et seq., as amended October 17, 1986.
(e) "Trust" means the trust created by K.S.A. 2023 Supp. 49-512, and amendments thereto.
History:
L. 2007, ch. 17, § 1; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 5 - Miscellaneous › 49-513 Same; grants to trust by secretary of health and environment.

49-513.
Same; grants to trust by secretary of health and environment.
The secretary of health and environment is hereby authorized to make grants to the trust to be used to provide relocation assistance and to purchase property as provided in K.S.A. 2023 Supp. 49-514, and amendments thereto, to persons relocating from an affected community and assistance to public school districts as provided in K.S.A. 2023 Supp. 49-515, and amendments thereto.
History:
L. 2007, ch. 17, § 3; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 5 - Miscellaneous › 49-515 Same; grants to school districts.

49-515.
Same; grants to school districts.
In addition to the relocation assistance pursuant to K.S.A. 2023 Supp. 49-514, and amendments thereto, the trust may provide grants to public school districts which are located within the boundaries of a federal superfund site and are adversely impacted by relocations pursuant to this act.
History:
L. 2007, ch. 17, § 5; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 5 - Miscellaneous › 49-516 Same; funding of trust; application for assistance, procedure.

49-516.
Same; funding of trust; application for assistance, procedure.
(a) The trust may seek and expend funds from any other source, whether public or private, to further the purposes of this act.
(b) The trust shall establish appropriate procedures for applications for relocation assistance pursuant to this act and shall set a deadline for submission of the initial application for such assistance. Such procedures may include a requirement that any person receiving assistance pursuant to this section must agree to move to property on which there is no mining waste and which is not prone to subsidence.
(c) Any assistance pursuant to this act shall be contingent upon availability of funds for that purpose.
History:
L. 2007, ch. 17, § 6; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 5 - Miscellaneous › 49-517 Same; rights not created; valuation determinations not subject to judicial review.

49-517.
Same; rights not created; valuation determinations not subject to judicial review.
(a) Nothing in this act shall create any property right or right in action. The courts shall have no jurisdiction to entertain any action against the trust, the secretary or department of health and environment or the state of Kansas, or any officer or agent thereof, founded on a claim that the claimant should have received different or better treatment pursuant to this act.
(b) Determinations made by the trust pursuant to the assistance program provided for by this act, including, but not limited to, determinations as to what constitutes the average rental cost of comparable housing, the average cost of comparable properties, the eligibility of any person for assistance and the determination of the proper amount of such assistance, if any, shall be committed to the sole discretion of the trust based on the information available to it and shall not be subject to judicial review.
History:
L. 2007, ch. 17, § 7; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-601 Surface-mining land conservation and reclamation; citation of act.

49-601.
Surface-mining land conservation and reclamation; citation of act.
This act shall be known and may be cited as the surface-mining land conservation and reclamation act.
History:
L. 1994, ch. 197, § 1; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-602 Same; policy statement.

49-602.
Same; policy statement.
It is the policy of this state to provide for the reclamation and conservation of land affected by surface mining and thereby to preserve natural resources, protect and perpetuate the taxable value of property, and protect and promote the health, safety and general welfare of the citizens of this state.
History:
L. 1994, ch. 197, § 2; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-604 Same; application of act.

49-604.
Same; application of act.
K.S.A. 49-602 through 49-624 shall not apply to:
(a) Affected land mined prior to the effective date of this act and shall apply only to those areas of land affected after the effective date of this act;
(b) in any way affect or control the stockpiling, method of stockpiling or mining from stockpiles of gypsum, clay, shale, stone, sandstone, sand, silt, gravel, volcanic ash or other minerals which are consumed in the regular operation of the business;
(c) operations which involve the removal of sand and gravel from within streams and are subject to the provisions of K.S.A. 82a-301 through 82a-305a, and amendments thereto; or
(d) operations of an operator whose affected lands do not exceed an aggregate of 2 acres.
History:
L. 1994, ch. 197, § 4; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-605 License required; application and fees; duration of license; validity, when.

49-605. License required; application and fees; duration of license; validity, when.
(a) No person shall engage in surface mining or operation of an underground mine or mines, as defined by this act, without first obtaining a license from the director.
(b) Licenses shall be issued upon application submitted on a form provided by the director and shall be accompanied by a fee of $300. Each applicant shall be required to furnish on the form information necessary to identify the applicant. Licenses shall expire one year from the date of issuance and shall be renewed by the director upon application submitted within 30 days prior to the expiration date and accompanied by the renewal fee established by the director under K.S.A. 49-623, and amendments thereto.
(c) A license to mine is only valid when approved by the director and acknowledged by a certificate that has been signed by the director and lists the operator and the assigned license number.
History:
L. 1994, ch. 197, § 5; L. 2021, ch. 74, § 16; May 6.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-606 Denial, suspension or revocation of license; proceedings.

49-606. Denial, suspension or revocation of license; proceedings.
(a) The secretary, at the request of the director, may deny issuance or renewal of a license for repeated or willful violation of the provisions of this act or for failure to comply with any provision of a reclamation plan.
(b) The secretary, at the request of the director, may suspend or revoke a license for repeated or willful violation of any of the provisions of this act or for failure to comply with any provision of a reclamation plan. Proceedings for the suspension or revocation of a license pursuant to this section shall be conducted in accordance with the Kansas administrative procedure act by the secretary or a presiding officer from the office of administrative hearings.
History:
L. 1994, ch. 197, § 6; L. 2004, ch. 145, § 16; L. 2021, ch. 74, § 17; May 6.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-607 Same; registration of mining site, when; application, contents; fees; signing of site; unlawful acts.

49-607.
Same; registration of mining site, when; application, contents; fees; signing of site; unlawful acts.
(a) At least 30 calendar days before commencement of mining or removal of overburden at a surface mining site not previously registered, an operator engaged in surface mining in this state shall register the site with the director. Application for registration shall be made upon a form provided by the director. All site registrations shall expire one year from the date of issuance. Application for renewal of registration shall be on a form provided by the director. The application shall include:
(1) A description of the tract or tracts of land where the site is located and the estimated number of acres at the site to be affected by surface mining;
(2) if the application is for original registration, a reclamation plan detailing the postmining land use, how the final reclamation will be achieved and illustrating the proposed final topography;
(3) if the application is for renewal and changes have been made in the reclamation plan last filed, an updated reclamation plan;
(4) if the application is for renewal and no changes have been made in the reclamation plan last filed, a statement of that fact;
(5) the description shall include the section, township, range and county in which the land is located and shall otherwise describe the land with sufficient certainty to determine the location and to distinguish the land to be registered from other lands;
(6) a statement explaining the authority of the applicant's legal right to operate a mine on the land; and
(7) proof of compliance with all applicable zoning codes or rules and regulations and all applicable local, state and federal permits, except those contingent upon registration under the provisions of this act.
(b) The application shall be accompanied by the application fee and the registration or renewal fee established by the director under K.S.A. 49-623.
(c) A mine site registered pursuant to this section or K.S.A. 49-616 shall have, at the primary entrance to the mine site, a clearly visible sign which sets forth the name, business address and phone number of the operator. Failure to post and maintain a sign as required by this subsection, within 30 days after notice from the director, invalidates the registration.
(d) A person who falsifies information required to be submitted under this section shall be guilty of a class A nonperson misdemeanor.
History:
L. 1994, ch. 197, § 7; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-608 Same; bond or security to accompany registration application; registration of site and authority to operate mine.

49-608.
Same; bond or security to accompany registration application; registration of site and authority to operate mine.
The application for registration shall be accompanied by a bond or security conforming to the requirements of K.S.A. 49-615 and 49-616. After ascertaining that the applicant is licensed under K.S.A. 49-605 and is not in violation of this act with respect to any site previously registered with the director, the director shall register the mine site and shall issue the applicant written authorization to operate a mine.
History:
L. 1994, ch. 197, § 8; July 1.