Kansas Statutes

Chapter 74: State Boards, Commissions And Authorities

Article 66: Natural And Scientific Area Preserves; Advisory Board

Statutes:

• 74-6601: Name and citation of act.
• 74-6602: Purpose.
• 74-6603: Definitions.
• 74-6604: State system established; composition.
• 74-6605:
• 74-6606:
• 74-6607: Powers and duties of state biological survey.
• 74-6608: Same; additional powers and duties; limitation.
• 74-6609: Natural or scientific areas; inclusion in state system, procedure; dedication; articles of dedication, provisions.
• 74-6610: Retention of custody of dedicated area by owner; failure to maintain area; undertaking functions or assignment to successor; assignment of custody to public or charitable agency, when.
• 74-6611: Natural and scientific preserves held in trust for benefit of state; rules and regulations; other public uses; when; notice and hearing.
• 74-6612: Public agencies and instrumentalities empowered to dedicate preserves.
• 74-6613: Construction and application of act.
• 74-6614: Advisory board.
• 74-6615: Same; meetings; officers, selection, terms and vacancies; duties; expenses.

• 74-6601: Name and citation of act. The act shall be known and may be cited as the natural and scientific areas preservation act.

        History:   L. 1974, ch. 322, § 1; July 1.

• 74-6602: Purpose. The purpose of this act is to secure for the people of Kansas the benefits of an enduring resource of natural and scientific areas by establishing a system of natural and scientific preserves, to provide for the protection, control and management of these areas, and to establish and maintain a registry of natural and scientific areas.

        History:   L. 1974, ch. 322, § 2; July 1.

• 74-6603: Definitions. As used in this act, the following words and terms shall have the meanings ascribed to them in this section, unless the context shall indicate another or different meaning or intent:

        (a)   "Natural and scientific area" means an area of land or water in public or private ownership which either retains to some degree its primeval character, though it need not be completely natural and undisturbed, or has natural flora, fauna, ecological, geological, historical or archeological features of scientific or educational interest.

        (b)   "Natural and scientific preserve" means a natural or scientific area which is formally dedicated under the provisions of this act to be maintained as nearly as possible in its natural condition and to be used in a manner and under limitations consistent with its continued preservation, without impairment, disturbance, or artificial development except that deemed necessary for scientific research, education, or public interpretation of the area.

        (c)   "Board" means the natural and scientific areas advisory board created by K.S.A. 74-6614.

        History:   L. 1974, ch. 322, § 3; L. 1984, ch. 293, § 7; L. 1985, ch. 259, § 1; July 1.

• 74-6604: State system established; composition. A state system of natural and scientific preserves is hereby established. The system shall consist of natural and scientific areas formally dedicated under the provisions of this act.

        History:   L. 1974, ch. 322, § 4; July 1.

• 74-6605:

        History:   L. 1974, ch. 322, § 5; Repealed, L. 1984, ch. 293, § 9; July 1.

• 74-6606:

        History:   L. 1974, ch. 322, § 6; Repealed, L. 1984, ch. 293, § 9; July 1.

• 74-6607: Powers and duties of state biological survey. The state biological survey is hereby authorized and empowered to:

        (a)   Adopt rules and regulations in accordance with the provisions of K.S.A. 77-415 et seq. for the selection, acquisition, management, protection and use of natural and scientific areas and preserves; for the registration of natural and scientific areas and preserves; for the dedication of natural and scientific areas and preserves within the state system;

        (b)   develop a natural and scientific areas preservation policy for the state;

        (c)   develop a comprehensive long-range plan for the preservation, control and management of the natural and scientific areas of the state;

        (d)   seek and approve the dedication of natural and scientific areas to be included in the state system;

        (e)   maintain a registry of natural and scientific areas, an inventory of natural ecosystems; an inventory of habitats of rare and endangered species of plants and animals; significant geological and archeological sites; and other natural and scientific areas and preserves;

        (f)   conduct research, investigations, and interpretive programs and publish and disseminate information and recommendations pertaining to natural and scientific preserves and other natural and scientific areas;

        (g)   employ or contract for consultants and fix their compensations, who shall be in the unclassified service under the Kansas civil service act;

        (h)   submit to the governor and the legislature annually its recommendations for new or amendatory legislation and funding for the preservation of the state's natural and scientific areas; and submit to the secretary of state in even numbered years a report of its activities for inclusion in the biennial report in accordance with the provisions of K.S.A. 75-3044 et seq.

        History:   L. 1974, ch. 322, § 7; L. 1985, ch. 259, § 4; July 1.

• 74-6608: Same; additional powers and duties; limitation. The state biological survey shall administer the provisions of this act; cooperate and contract with any federal, state or local governmental agency, private organization or individual; appoint and employ officers, agents, and employees to carry out the provisions of this act; acquire by gift, devise, purchase, grant, dedication or other method the fee or any lesser right or interest in real property which shall be held and managed as provided in K.S.A. 74-6611, and amendments thereto; accept and disburse funds and grants made available to the state under the provisions of any federal act for the purposes herein set forth; and do all other acts and things necessary or convenient to carry out the provisions of this act. The biological survey shall not have the power to acquire by condemnation a fee or any lesser right or interest in real property.

        History:   L. 1974, ch. 322, § 8; L. 1985, ch. 259, § 5; July 1.

• 74-6609: Natural or scientific areas; inclusion in state system, procedure; dedication; articles of dedication, provisions. A natural or scientific area which has been found by the board to be suitable for inclusion in the system shall become a natural and scientific preserve upon its dedication by the owner of the land or of an interest or a right therein, with the approval of the state biological survey. The dedication shall be evidenced by articles of dedication which shall be in such form as the state biological survey may approve. The articles of dedication may, consistent with the purposes of this act, define the respective rights and duties of the owner or custodian and the state biological survey; contain provisions relating to management, development use, public access, sale or transfer; provide or create reversionary rights; contain such other provisions as may be necessary or advisable; and vary in provisions from one natural and scientific preserve to another.

        History:   L. 1974, ch. 322, § 9; L. 1984, ch. 293, § 8; L. 1985, ch. 259, § 6; July 1.

• 74-6610: Retention of custody of dedicated area by owner; failure to maintain area; undertaking functions or assignment to successor; assignment of custody to public or charitable agency, when. An owner of an area which is dedicated as a natural and scientific preserve may retain custody thereof, or designate a custodian, subject to the approval of, and the rules and regulations of, the state biological survey. If the owner declines, is unable, or fails to administer and manage the natural and scientific preserve in accordance with the articles of dedication and any amendments thereto, the state biological survey shall undertake or assign such custodial functions as it may deem necessary for the protection, maintenance and use of the natural and scientific preserve until the disability of the owner is removed or a successor custodian is designated.

        Whenever feasible, the state biological survey may vest custody of a natural and scientific preserve in the owner or a person or agency other than the state biological survey. The state biological survey may transfer or assign custody or other interest or right in a natural and scientific preserve, when held by it, to another public or charitable agency provided that such transfer shall be for and consistent with the purposes of this act and shall not affect the dedication of a natural and scientific preserve or the powers and duties of the state biological survey.

        History:   L. 1974, ch. 322, § 10; L. 1985, ch. 259, § 7; July 1.

• 74-6611: Natural and scientific preserves held in trust for benefit of state; rules and regulations; other public uses; when; notice and hearing. Natural and scientific preserves are hereby declared to be held in trust, for the uses and purposes expressed in this act which are not prohibited by their articles of dedication, for the benefit of the people of the state. They are hereby declared to be put to their highest, best and most important use for the public benefit. They shall be protected, managed, and used in a manner approved by, and subject to the rules and regulations of the state biological survey. They shall not be taken for any other use except another public use and except after a finding by the state biological survey of the existence of an imperative and unavoidable public necessity for such other public use, with the approval of the legislature, and any owner of a dedicated interest therein, and upon such terms and conditions as the state biological survey may determine, except as may otherwise be provided in the articles of dedication.

        Before the state biological survey shall make a finding of the existence of an imperative and unavoidable public necessity for such other public use or shall grant or dispose of a natural and scientific preserve or grant a license, easement or other interest or right therein or shall amend any articles of dedication as provided in K.S.A. 74-6609, and amendments thereto, it shall give notice of such proposed action and an opportunity for any person to be heard. Such notice shall be published at least once in a newspaper with a general circulation in the county or counties wherein the natural and scientific preserve is located, and mailed to all persons who have requested notice of such proposed actions. The notice shall set forth the substance of the proposed action and describe, with or without legal description, the natural and scientific preserve affected and shall specify a place and time not less than 60 days after such publication and mailing for a public hearing before the state biological survey on such proposed action. All persons so desiring shall have reasonable opportunity to be heard prior to action by the state biological survey on such proposal.

        History:   L. 1974, ch. 322, § 11; L. 1985, ch. 259, § 8; July 1.

• 74-6612: Public agencies and instrumentalities empowered to dedicate preserves. Public departments, commissions, boards, counties, municipalities, corporations, colleges, universities and all other agencies and instrumentalities of the state and its political subdivisions are empowered and urged to dedicate as natural and scientific preserves under the procedures of this act, suitable areas or portions of areas within their jurisdictions.

        History:   L. 1974, ch. 322, § 12; July 1.

• 74-6613: Construction and application of act. Nothing contained in this act shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, forest, or other area or the proper management and development thereof, except that any agency administering an area dedicated as a natural and scientific preserve under the provisions of this act shall preserve it in accordance with the articles of dedication and the rules and regulations of the state biological survey.

        Neither the dedication of an area as a natural and scientific preserve nor any action taken by the state biological survey under any of the provisions of this act shall void or replace any protective status under law which an area would have were it not a natural and scientific preserve, the protective provisions of this act being supplemental thereto.

        History:   L. 1974, ch. 322, § 13; L. 1985, ch. 259, § 9; July 1.

• 74-6614: Advisory board. There is hereby created the natural and scientific areas advisory board. The advisory board shall be attached to the state biological survey and shall be within the survey as a part thereof. All budgeting, purchasing and related management functions of the advisory board shall be administered under the direction and supervision of the state biological survey. All vouchers for expenditures and all payrolls of the advisory board shall be approved by the state biological survey. The board shall consist of 11 members designated by the following: The state biologist; the secretary of wildlife and parks; the state forester; the state geologist; the director of the state historical society; the director of the state water office; the chairperson of the nongame wildlife advisory council; the secretary of health and environment; a member of the house of representatives appointed by the speaker of the house; a member of the senate appointed by the president of the senate; a representative of the governor.

        Whenever a vacancy on the board shall occur by death, resignation or otherwise of any member so appointed, the responsible appointor shall fill the same by appointment.

        History:   L. 1985, ch. 259, § 2; L. 1989, ch. 118, § 184; July 1.

• 74-6615: Same; meetings; officers, selection, terms and vacancies; duties; expenses. Within 30 days after the effective date of this act, the state biologist shall call the members to meet and the members shall select a chairperson for the board who shall serve for a two-year term. The chairperson of the board will appoint a secretary from among the members who shall serve a two-year term. Whenever a vacancy shall occur by death, resignation or otherwise of the chairperson of the board or the secretary of the board, the members shall select a successor to complete the term of chairperson or the chairperson shall fill the position of secretary by appointment and the appointee shall hold office during the term of the person whose place such person is to fill.

        The board shall meet at least annually. Meetings may be called at any time by the chairperson or upon written request of three members or of the state biological survey. The board shall consult with and advise the state biological survey on matters relating to the administration of the provisions of this act. The members of the board shall receive no compensation for services rendered to the board. Each member of the board representing a state agency shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto, from the funds of the state agency so represented. Appointed members of the board not otherwise compensated shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto, by the state biological survey.

        History:   L. 1985, ch. 259, § 3; July 1.