The Interstate Mining Compact contained in this section is enacted into law and entered into as follows:
INTERSTATE MINING COMPACT
ARTICLE I
FINDINGS AND PURPOSE
(a) The party states find that
(1) mining and the contributions thereof to the economy and
well-being of every state are of basic significance;
(2) the effects of mining on the availability of land, water, and
other resources for other uses present special problems which properly
can be approached only with due consideration for the rights and
interests of those engaged in mining, those using or proposing to use
these resources for other purposes, and the public;
(3) measures for the reduction of the adverse effects of mining on
land, water, and other resources may be costly and the devising of
means to deal with them are of both public and private concern;
(4) such variables as soil structure and composition, physiography,
climatic conditions, and the needs of the public make impracticable the
application to all mining areas of a single standard for the
conservation, adaptation, or restoration of mined land, or the
development of mineral and other natural resources, but justifiable
requirements of law and practice relating to the effects of mining on
lands, water, and other resources may be reduced in equity or
effectiveness unless they pertain similarly from state to state for all
mining operations similarly situated;
(5) the states are in a position and have the responsibility to
assure that mining shall be conducted in accordance with sound
conservation principles, and with due regard for local conditions.
(b) The purposes of this compact are to
(1) advance the protection and restoration of land, water, and
other resources affected by mining;
(2) assist in the reduction or elimination or counteracting of
pollution or deterioration of land, water, and air attributable to
mining;
(3) encourage, with due recognition of relevant regional, physical,
and other differences, programs in each of the party states which will
achieve comparable results in protecting, conserving, and improving the
usefulness of natural resources, to the end that the most desirable
conduct of mining and related operations may be universally
facilitated;
(4) assist the party states in their efforts to facilitate the use
of land and other resources affected by mining, so that such use may be
consistent with sound land use, public health, and public safety, and
to this end to study and recommend, wherever desirable, techniques for
improvement, restoration or protection of such land and other
resources;
(5) assist in achieving and maintaining an efficient and productive
mining industry and in increasing economic and other benefits
attributable to mining.
ARTICLE II
DEFINITIONS
As used in this compact, the term
(1) 'mining' means the breaking of the surface soil in order to
facilitate or accomplish the extraction or removal of minerals, ores,
or other solid matter, any activity or process constituting all or
part of a process for the extraction or removal of minerals, ores, and
other solid matter from its original location, and the preparation,
washing, cleaning, or other treatment of minerals, ores, or other solid
matter so as to make them suitable for commercial, industrial, or
construction use, but shall not include those aspects of deep mining
not having significant effect on the surface, and shall not include
excavation of grading when conducted solely in aid of on-site farming
or construction;
(2) 'state' means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or Territory or Possession
of the United States.
ARTICLE III
STATE PROGRAMS
Each party state agrees that within a reasonable time it will
formulate and establish an effective program for the conservation and
use of mined land, by the establishment of standards, enactment of
laws, or the continuing of the same in force, to accomplish
(1) the protection of the public and the protection of adjoining and
other landowners from damage to their lands and the structures and
other property thereon resulting from the conduct of mining operations
or the abandonment or neglect of land and property formerly used in the
conduct of such operations;
(2) the conduct of mining and the handling of refuse and other
mining wastes in ways that will reduce adverse effects on the
economic, residential, recreational, or aesthetic value and utility of
land and water;
(3) the institution and maintenance of suitable programs of
adaptation, restoration, and rehabilitation of mined lands;
(4) the prevention, abatement, and control of water, air, and soil
pollution resulting from mining - present, past, and future.
ARTICLE IV
POWERS
In addition to any other powers conferred upon the Interstate
Mining Commission, established by Article V of this compact, such
commission shall have the power to
(1) study mining operations, processes, and techniques for the
purpose of gaining knowledge concerning the effects of such operations,
processes, and techniques on land, soil, water, air, plant, and animal
life, recreation, and patterns of community or regional development or
change;
(2) study the conservation, adaptation, improvement, and restoration
of land and related resources affected by mining;
(3) make recommendations concerning any aspect or aspects of law or
practice and governmental administration dealing with matters within
the purview of this compact;
(4) gather and disseminate information relating to any of the
matters within the purview of this compact;
(5) cooperate with the federal government and any public or private
entities having interests in any subject coming within the purview of
this compact;
(6) consult, upon the request of a party state and within available
resources, with the officials of such state in respect to any problem
within the purview of this compact;
(7) study and make recommendations with respect to any practice,
process, technique, or course of action that may improve the efficiency
of mining or the economic yield from mining operations;
(8) study and make recommendations relating to the safeguarding of
access to resources which are or may become the subject of mining
operations to the end that the needs of the economy for the products of
mining may not be adversely affected by unplanned or inappropriate use
of land and other resources containing minerals or otherwise connected
with actual or potential mining sites.
ARTICLE V
THE COMMISSION
(a) There is hereby created an agency of the party states to be
known as the 'Interstate Mining Commission', hereinafter called 'the
commission.' The commission shall be composed of one commissioner from
each party state who shall be the governor thereof. Pursuant to the
laws of the party state, each governor may have the assistance of an
advisory body, including membership from mining industries,
conservation interests, and such other public and private interests as
may be appropriate, in considering problems relating to mining and in
discharging the responsibilities as a commissioner on the commission.
In any instance where a governor is unable to attend a meeting of the
commission or perform any other function in connection with the
business of the commission, the governor shall designate an alternate
who shall represent the governor and act in the governor's place and
stead. The designation of an alternate shall be communicated by the
governor to the commission in such manner as its bylaws may provide.
(b) The commissioners shall be entitled to one vote each on the
commission. No action of the commission making a recommendation
pursuant to Article IV-3, IV-7, and IV-8 or requesting, accepting, or
disposing of funds, services, or other property pursuant to this
paragraph, Article V(g), V(h), or VII shall be valid unless taken at a
meeting at which a majority of the total number of votes on the
commission is cast in favor thereof. All other action shall be by a
majority of those present and voting; provided that action of the
commission shall be only at a meeting at which a majority of the
commissioners, or their alternates, is present. The commission may
establish and maintain such facilities as may be necessary for the
transaction of its business. The commission may acquire, hold, and
convey real and personal property and any interest therein.
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among its members, a
chair, a vice-chair, and a treasurer. The commission shall appoint an
executive director and fix the executive director's duties and
compensation. Such executive director shall serve at the pleasure of
the commission. The executive director, the treasurer, and such other
personnel as the commission shall designate shall be bonded. The amount
or amounts of such bond or bonds shall be determined by the commission.
(e) Irrespective of the civil service, personnel, or other merit
system laws of any of the party states, the executive director, with
the approval of the commission, shall appoint, remove, or discharge
such personnel as may be necessary for the performance of the
commission's functions, and shall fix the duties and compensation of
such personnel.
(f) The commission may establish and maintain independently or in
conjunction with a party state, a suitable retirement system for its
employees. Employees of the commission shall be eligible for social
security coverage in respect of old age and survivor's insurance
provided that the commission takes such steps as may be necessary
pursuant to the laws of the United States, to participate in such
program of insurance as a governmental agency or unit. The commission
may establish and maintain or participate in such additional programs
of employee benefits as it may deem appropriate.
(g) The commission may borrow, accept, or contract for the services
of personnel from any state, the United States, or any other
governmental agency, or from any person, firm, association, or
corporation.
(h) The commission may accept for any of its purposes and functions
under this compact any and all donations, and grants of money,
equipment, supplies, materials, and services, conditional or otherwise,
from any state, the United States, or any other governmental agency, or
from any person, firm, association, or corporation, and may receive,
utilize, and dispose of the same. Any donation or grant accepted by the
commission pursuant to this paragraph or services borrowed pursuant to
paragraph (g) of this Article shall be reported in the annual report of
the commission. Such report shall include the nature, amount, and
conditions, if any, of the donation, grant, or services borrowed and
the identity of the donor or lender.
(i) The commission shall adopt bylaws for the conduct of its
business and shall have the power to amend and rescind these bylaws.
The commission shall publish its bylaws in convenient form and shall
file a copy thereof and a copy of any amendment thereto, with the
appropriate agency or officer in each of the party states.
(j) The commission annually shall make to the governor, legislature,
and advisory body required by Article V(a) of each party state a report
covering the activities of the commission for the preceding year, and
embodying such recommendations as may have been made by the commission.
The commission may make such additional reports as it may deem
desirable.
ARTICLE VI
ADVISORY, TECHNICAL, AND REGIONAL COMMITTEES
The commission shall establish such advisory, technical, and
regional committees as it may deem necessary, membership on which shall
include private persons and public officials, and shall cooperate with
the use and services of any such committees and the organizations which
the members represent in furthering any of its activities. Such
committees may be formed to consider problems of special interest to
any party states, problems dealing with particular commodities of
types of mining operations, problems related to reclamation,
development, or use of mined land, or any other matters of concern to
the commission.
ARTICLE VII
FINANCE
(a) The commission shall submit to the governor or designated
officer or officers of each party state a budget of its estimated
expenditures for such period as may be required by the laws of that
party state for presentation to the legislature thereof.
(b) Each of the commission's budgets of estimated expenditures shall
contain specific recommendations of the amount or amounts to be
appropriated by each of the party states. The total amount of
appropriations requested under any such budget shall be apportioned
among the party states as follows: one-half in equal shares, and the
remainder in proportion to the value of minerals, ores, and other solid
matter mined. In determining such values, the commission shall employ
such available public source or sources of information as, in its
judgment, present the most equitable and accurate comparisons among the
party states. Each of the commission's budgets of estimated
expenditures and request for appropriations shall indicate the source
or sources used in obtaining information concerning value of minerals,
ores, and other solid matter mined.
(c) The commission shall not pledge the credit of any party state.
The commission may meet any of its obligations in whole or in part with
funds available to it under Article V(h) of this compact provided that
the commission takes specific action setting aside such funds prior to
incurring any obligation to be met in whole or in part in such manner.
Except where the commission makes use of funds available to it under
Article V(h) thereof, the commission shall not incur any obligation
prior to the allotment of funds by the party states adequate to meet
the same.
(d) The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall
be subject to the audit and accounting procedures established under
its bylaws. All receipts and disbursements of funds handled by the
commission shall be audited yearly by a qualified public accountant and
the report of the audit shall be included in and become a part of the
annual report of the commission.
(e) The accounts of the commission shall be open at any reasonable
time for inspection by duly constituted officers of the party states
and by any persons authorized by the commission.
(f) Nothing contained herein shall be construed to prevent
commission compliance with laws relating to audit or inspection of
accounts by or on behalf of any government contributing to the support
of the commission.
ARTICLE VIII
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted into law by any
four or more states. Thereafter, this compact shall become effective as
to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until one year after the governor of the withdrawing state has given
notice in writing of the withdrawal to the governors of all other party
states. No withdrawal shall affect any liability already incurred by or
chargeable to a party state prior to the time of such withdrawal.
ARTICLE IX
EFFECT ON OTHER LAWS
Nothing in this compact shall be construed to limit, repeal, or
supersede any other law of any party state.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any state or of the
United States, or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating herein, the compact shall remain in full force and effect
as to the remaining party states and in full force and effect as to the
state affected as to all severable matters.
Section: 27.08.010 27.08.020 27.08.030 NextLast modified: November 15, 2016