Chapter 32, WILDLIFE, PARKS AND RECREATION

32-203. Game preserves; acceptance of lands granted under act of congress (39 Stat. 233). That the state of Kansas hereby accepts the grant to it under and by virtue of that certain act of congress, approved June 22, 1916, entitled "An act granting to the state of Kansas title to…

32-204. Same; control of preserve. The lands described in K.S.A. 32-203 are hereby placed in the custody and under the control of the state forestry, fish and game commission. History: L. 1917, ch. 202, § 2; March 8; R.S. 1923, 32-204.

32-205. Same; right-of-way across game preserve. Laws 1917, chapter 202, sections 3 and 4, included by reference. [The preamble to the act recites that the route for a line of railroad had been surveyed previous to the passage of an act of congress, approved June 22, 1916, granti…

32-701. Wildlife and parks laws, definitions. As used in the wildlife and parks laws of this state, unless the context otherwise requires or specifically defined otherwise: (a) "Big game animal" means any antelope, deer or elk. (b) "Commission" means the Kansas wildlife and parks…

32-702. Policy statement. It shall be the policy of the state of Kansas to protect, provide and improve outdoor recreation and natural resources in this state and to plan and provide for the wise management and use of the state's natural resources, thus contributing to and benefi…

32-703. State ownership of wildlife. The ownership of and title to all wildlife, both resident and migratory, in the state, not held by private ownerships, legally acquired, shall be, and are hereby declared to be in the state. History: L. 1911, ch. 198, § 11; R.S. 1923, 32-107; …

32-704. Continuation of rules and regulations, fees. (a) All rules and regulations of the secretary in effect on June 30, 1989, shall remain in full force and effect until amended or revoked. (b) Notwithstanding any other provision of law to the contrary, all fees for issues of t…

32-705. Severability. If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application and t…

32-801. Establishment of department of wildlife and parks; secretary; application of K-GOAL to the department. (a) In order to reorganize the administration, planning and regulation of the state's parks, wildlife and other natural resources, there is hereby established within the…

32-802. Assistant secretaries; employees; offices; supervision of the wildtrust program. (a) The secretary of wildlife and parks shall appoint an assistant secretary for administration and an assistant secretary for operations. The assistant secretary for administration shall be …

32-803. Department and secretary continuation of fish and game commission. (a) Except as otherwise provided by law, whenever the Kansas fish and game commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or desi…

32-804. Department and secretary continuation of park and resources authority. (a) Except as otherwise provided by law, whenever the state park and resources authority, or words of like effect, is referred to or designated by a statute, contract or other document, such reference …

32-805. Wildlife and parks commission; membership, appointment requirements; powers and duties; compensation and expenses; meetings and quorum; election of chairperson. (a) (1) There is hereby created within and as a part of the department the Kansas wildlife and parks commission…

32-806. Organization of department; policies governing administration; accounting for compensation from leases of real property. The secretary of wildlife and parks may organize the Kansas department of wildlife and parks in the manner the secretary deems most efficient, so long …

32-807. Powers of secretary. The secretary of wildlife and parks shall have the power to: (a) Adopt, in accordance with K.S.A. 32-805, and amendments thereto, such rules and regulations as necessary to implement, administer and enforce the provisions of the wildlife and parks law…

32-808. Conservation officers and employees; training requirements; powers and authority. (a) The secretary shall employ conservation officers and other employees, regardless of title, to exercise law enforcement authority as provided in subsection (b), if such officers and other…

32-809. Creation of the state agricultural production fund; establishment of accounts; expenditures. (a) Unless otherwise provided by law, all moneys received from agricultural production on state-owned property under the control and jurisdiction of the secretary of wildlife and …

32-817. 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 any state agency or program mentioned in K.S.A. 32-810 through 32-818, and amendments …

32-819. Division of tourism and director of tourism, abolishment; transfer of powers, duties and functions to the department of commerce; redesignation of Kansas department of wildlife and parks; continuation of agency powers, duties and functions; references to prior agency or o…

32-824. Federal assistance for land and water conservation; department official agency. The state of Kansas hereby designates the department as the official state agency to apply for, accept, administer and disburse federal assistance and benefits under the provisions of the land…

32-825. Same; powers of department. The department, as the administrative agency of the state for such federal assistance and benefits as may be available under the land and water conservation fund act of 1965, shall have the right and is authorized and empowered to: (a) Apply fo…

32-826. Same; restrictions. The department shall make no commitment nor enter into any agreement pursuant to the exercise of authority under K.S.A. 32-824 and 32-825 until it has determined that sufficient funds are available to it for meeting the state's share, if any, of projec…

32-827. Federal assistance for development of natural resources; department official agency. The department is hereby designated as the agency of the state of Kansas for the purpose of making application for and procuring aid from the federal government in all matters pertaining …

32-828. Assent to wildlife restoration act; use of fees. (a) The state of Kansas hereby assents to the provisions of the wildlife restoration act (16 U.S.C. § 669 et seq.), as amended. The secretary is hereby authorized and directed to perform such acts as necessary to the conduc…

32-829. Assent to fish restoration and management projects act; use of fees. (a) The state of Kansas hereby assents to the provisions of the fish restoration and management projects act (16 U.S.C. § 777 et seq.), as amended. The secretary is hereby authorized and directed to perf…

32-830. Local governments; conveyances to department. Notwithstanding any contrary provision of law, all state agencies and all counties, cities, townships and other political subdivisions are hereby authorized to lease, lend, grant or convey to the department at the request of t…

32-831. Cooperation with state and local agencies. In carrying out its functions and duties, the department shall cooperate and coordinate its activities with the state department of economic development and with all other state agencies and such municipal, county and township pl…

32-832. Cooperation with citizen-support organizations; use of department property and facilities by such organizations. (a) The Kansas department of wildlife and parks is authorized to cooperate with and assist citizen-support organizations. For the purposes of this act, the ter…

32-833. Authority to purchase land; conditions and limitations. (a) (1) Notwithstanding the provisions of K.S.A. 32-807(f), and amendments thereto, or any other provisions of law to the contrary, the secretary of wildlife and parks shall not purchase any land unless the secretary…

32-834. Purchase of land in Jefferson county. (a) During the fiscal year ending June 30, 2014, in accordance with the provisions of K.S.A. 32-833, and amendments thereto, the secretary of wildlife and parks is hereby authorized to acquire by purchase the following tracts of land …

32-835. Purchase of land in Cherokee county. (a) Subject to the provisions of K.S.A. 32-833, and amendments thereto, the secretary of wildlife and parks is hereby authorized to acquire by purchase the following tract of land located in Cherokee county, Kansas, more particularly d…

32-836. Purchase of land in Pottawatomie county. (a) Subject to the provisions of K.S.A. 32-833, and amendments thereto, the secretary of wildlife and parks is hereby authorized to acquire by purchase the following tract of land located in Pottawatomie county, Kansas, more partic…

32-837. State parks; legislative approval required for removal of park from state park system. (a) The following parks have been designated as a part of the state park system: (1) Kanopolis-Mushroom Rock state park in Ellsworth county; (2) Cross Timbers state park at Toronto Lake…

32-838. Eisenhower state park; name. The name of Melvern state park in Osage county is hereby changed to Eisenhower state park. History: L. 1990, ch. 138, § 1; July 1.

32-838a. Cross Timbers state park; name. The name of Toronto state park in Woodson county is hereby changed to Cross Timbers state park at Toronto Lake. History: L. 2002, ch. 64, § 2; April 25.

32-838b. Kaw River state park; name. The name of state park no. 24 in Shawnee county is hereby changed to Kaw River state park. History: L. 2007, ch. 85, § 2; July 1.

32-839. Steve Lloyd wetlands designated. The Cane creek area within stage 1 of the Milford lake wetlands wildlife habitat restoration project, in Clay county, near the city of Wakefield, is hereby designated as the Steve Lloyd wetlands. The secretary of wildlife and parks shall c…

32-840. Exercise of the right of eminent domain by the secretary; purposes; declaration of public use; action to acquire by condemnation. (a) The secretary, in the name of the state of Kansas, may exercise the right of eminent domain in accordance with the eminent domain procedur…

32-841. Donated lands; remission of taxes. Whenever any person donates or has donated real estate to the state of Kansas for use as a state park upon which real estate taxes have been levied and assessed and upon which penalties and charges have accrued, the board of county commi…

32-842. Acquisition of land under fish and wildlife coordination act; notice and hearing. (a) Prior to acquiring land under a license with the United States army corps of engineers pursuant to the fish and wildlife coordination act, the secretary shall give notice of the proposed…

32-843. Same; legislative approval. (a) On or before the 30th calendar day of each regular legislative session, the secretary shall transmit to the state house of representatives, the state senate and the secretary of state copies of each license entered into with the United Stat…

32-844. Real estate transactions proposed or entered into; report to legislature; publication in the Kansas register. (a) The secretary of wildlife and parks shall submit a report to the legislature at the beginning of each regular session detailing all real estate transactions t…

32-845. Contracts with federal agencies; certain contracts subject to legislative approval. (a) Neither the Kansas department of wildlife and parks, nor any officer or employee of the state on behalf of the department, shall enter into any contract for the acquisition or lease of…

32-846. Approval of agreement and lease for Milford Lake wetlands. (a) Pursuant to K.S.A. 32-845, and amendments thereto, the Kansas department of wildlife and parks is hereby authorized to enter into a project cooperative agreement and related lease with the United States depart…

32-850. Mineral leases; authorization. The secretary is hereby authorized to lease any of the lands under the secretary's control, the title of which is vested in the state of Kansas, for the production of oil, gas or other minerals, which the secretary deems valuable for that pu…

32-851. Same; procedure. Before entering into any such oil, gas or other mineral lease, the secretary shall give not less than 30 days' public notice in the Kansas register of the intention to enter the lease. Leases shall be made only upon competitive bids and shall be awarded t…

32-852. Same; liability for damages. The lessee, under any oil, gas or other mineral lease executed by the secretary, shall be liable in damages to any surface lessee and to the state for any and all injury, damages or loss, caused by any negligent act or omission of the lessee, …

32-853. Same; restriction as to uses or occupancy. All leases entered pursuant to K.S.A. 32-850 through 32-852, and the uses or occupancy thereunder, shall not interfere materially with the purposes for which the lands subject to the mineral lease were granted to the state of Kan…

32-854. Same; disposition of proceeds. The rentals, delay rentals, bonuses, royalties and all proceeds from mineral leases and production shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each suc…

32-857. Revenue bonds; authority to issue. (a) The secretary shall have power and is hereby authorized to issue negotiable bonds of the department, from time to time, in anticipation of the collection of revenues of a specific project or a dedicated revenue source, for the purpos…