350.150 Reclamation work by cabinet -- Procedure -- Acceptance of federal and

298 words·~1 min read·/ky/350-150

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

other funds -- Access to land.

(1)In the reclamation of land affected by surface coal mining operations for which it

has funds available, the cabinet 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 the services. The cabinet may also receive any federal funds,

state funds, or any other funds for the reclamation of land affected by surface coal

mining operations. The cabinet may cause the reclamation work to be done by its

own employees or by employees of other governmental agencies, soil conservation

districts, or through contracts with qualified persons. The contracts, other than

negotiated contracts awarded pursuant to KRS 350.131(3), shall be awarded to the

lowest responsible bidder upon competitive bids after reasonable advertisement.

The cabinet and any other agency and any contractor under a contract with the

cabinet shall have the right of access to the land affected to carry out the

reclamation.

(2)Any funds available to the cabinet 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 coal mining operations that have not been reclaimed and

rehabilitated in accordance with standards set by this chapter or administrative

regulations thereunder and which are not covered by bond to guarantee the

reclamation.

(3)A person or organization, having qualifications acceptable to the cabinet, may post

bond or a cash deposit, in a sum determined by the cabinet, and assume the liability

for carrying out the reclamation plan approved by the cabinet in areas where the

mining operation and any necessary grading and backfilling have been completed.

The cabinet shall then release the bond posted by the permittee for the area.