§ 74-37. Compact enacted into law.
Article5.
Interstate MiningCompact.
§ 74‑37. Compactenacted into law.
The Interstate Mining Compactis hereby enacted into law and entered into by this State with all otherjurisdictions legally joining therein in the form substantially as follows:
INTERSTATE MINING COMPACT
Article I. Findings andPurposes
(a) The party statesfind that:
(1) Mining and thecontributions thereof to the economy and well‑being of every state are ofbasic significance.
(2) The effects ofmining on the availability of land, water and other resources for other usespresent special problems which properly can be approached only with dueconsideration for the rights and interests of those engaged in mining, thoseusing or proposing to use these resources for other purposes, and the public.
(3) Measures for thereduction of the adverse effects of mining on land, water and other resourcesmay be costly and the devising of means to deal with them are of both publicand private concern.
(4) Such variables assoil structure and composition, physiography, climatic conditions, and theneeds of the public make impracticable the application to all mining areas of asingle standard for the conservation, adaptation, or restoration of mined land,or the development of mineral and other natural resources; but justifiablerequirements of law and practice relating to the effects of mining on land,water, and other resources may be reduced in equity or effectiveness unlessthey pertain similarly from state to state for all mining operations similarlysituated.
(5) The states are in aposition and have the responsibility to assure that mining shall be conductedin accordance with sound conservation principles, and with due regard forlocal conditions.
(b) The purposes ofthis Compact are to:
(1) Advance theprotection and restoration of land, water and other resources affected bymining.
(2) Assist in thereduction or elimination or counteracting of pollution or deterioration ofland, water and air attributable to mining.
(3) Encourage, with duerecognition of relevant regional, physical, and other differences, programs ineach of the party states which will achieve comparable results in protecting,conserving, and improving the usefulness of natural resources, to the end thatthe most desirable conduct of mining and related operations may be universallyfacilitated.
(4) Assist the partystates in their efforts to facilitate the use of land and other resourcesaffected 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 the improvement, restoration or protectionof such land and other resources.
(5) Assist in achievingand maintaining an efficient and productive mining industry and in increasingeconomic and other benefits attributable to mining.
Article II. Definitions
As used in this Compact, theterm:
(1) "Mining"means the breaking of the surface soil in order to facilitate or accomplish theextraction or removal of minerals, ores, or other solid matter; any activity orprocess constituting all or part of a process for the extraction or removal ofminerals, ores, and other solid matter from its original location; and thepreparation, washing, cleaning, or other treatment of minerals, ores, or othersolid matter so as to make them suitable for commercial, industrial, orconstruction use; but shall not include those aspects of deep mining not havingsignificant effect on the surface, and shall not include excavation or gradingwhen conducted solely in aid of on site farming or construction.
(2) "State"means a state of the United States, the District of Columbia, the Commonwealthof Puerto Rico, or a territory or possession of the United States.
Article III. State Programs
Each party state agrees thatwithin a reasonable time it will formulate and establish an effective programfor 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 ofthe public and the protection of adjoining and other landowners from damage totheir lands and the structures and other property thereon resulting from theconduct of mining operations or the abandonment or neglect of land and propertyformerly used in the conduct of such operations.
(2) The conduct ofmining and the handling of refuse and other mining wastes in ways that willreduce adverse effects on the economic, residential, recreational or aestheticvalue and utility of land and water.
(3) The institution andmaintenance of suitable programs for adaptation, restoration, andrehabilitation 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 otherpowers conferred upon the Interstate Mining Commission, established by ArticleV of this Compact, such Commission shall have power to:
(1) Study miningoperations, processes and techniques for the purpose of gaining knowledgeconcerning the effects of such operations, processes and techniques on land,soil, water, air, plant and animal life, recreation, and patterns of communityor regional development or change.
(2) Study theconservation, adaption, improvement and restoration of land and relatedresources affected by mining.
(3) Make recommendationsconcerning any aspect or aspects of law or practice and governmentaladministration dealing with matters within the purview of this Compact.
(4) Gather anddisseminate information relating to any of the matters within the purview ofthis Compact.
(5) Cooperate with thefederal government and any public or private entities having interests in anysubject coming within the purview of this Compact.
(6) Consult, upon the requestof a party state and within resources available therefor, with the officials ofsuch state in respect to any problem within the purview of this Compact.
(7) Study and makerecommendations with respect to any practice, process, technique, or course ofaction that may improve the efficiency of mining or the economic yield frommining operations.
(8) Study and makerecommendations relating to the safeguarding of access to resources which areor may become the subject of mining operations to the end that the needs of theeconomy for the products of mining may not be adversely affected by unplannedor inappropriate use of land and other resources containing minerals orotherwise connected with actual or potential mining sites.
Article V. The Commission
(a) There is herebycreated an agency of the party states to be known as the "InterstateMining Commission," hereinafter called "the Commission." TheCommission shall be composed of one commissioner from each party state whoshall be Governor thereof. Pursuant to the laws of his party state, eachGovernor shall have the assistance of an advisory body (including membershipfrom mining industries, conservation interests, and such other public andprivate interests as may be appropriate) in considering problems relating tomining and in discharging his responsibilities as the commissioner of his stateon the Commission. In any instance where a Governor is unable to attend ameeting of the Commission or perform any other function in connection with thebusiness of the Commission, he shall designate an alternate, from among themembers of the advisory body required by this paragraph, who shall representhim and act in his place and stead. The designation of an alternate shall becommunicated by the Governor to the Commission in such manner as its bylaws mayprovide.
(b) The commissionersshall be entitled to one vote each on the Commission. No action of theCommission making a recommendation pursuant to Article IV‑3, IV‑7,and IV‑8 or requesting, accepting or disposing of funds, services, orother property pursuant to this paragraph, Articles V (g), V (h), or VII shallbe valid unless taken at a meeting at which a majority of the total number ofvotes on the Commission is cast in favor thereof. All other action shall be bya majority of those present and voting: Provided that action of the Commissionshall be only at a meeting at which a majority of the commissioners, or theiralternates, is present. The Commission may establish and maintain suchfacilities as may be necessary for the transacting of its business. TheCommission may acquire, hold, and convey real and personal property and anyinterest therein.
(c) The Commissionshall have a seal.
(d) The Commissionshall elect annually, from among its members, a chairman, a vice‑chairman,and a treasurer. The Commission shall appoint an executive director and fix hisduties and compensation. Such executive director shall serve at the pleasure ofthe Commission. The executive director, the treasurer, and such other personnelas the Commission shall designate shall be bonded. The amount or amounts ofsuch bond or bonds shall be determined by the Commission.
(e) Irrespective of thecivil 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 ofthe Commission's functions, and shall fix the duties and compensation of suchpersonnel.
(f) The Commission mayestablish and maintain independently or in conjunction with a party state, asuitable retirement system for its employees. Employees of the Commission shallbe eligible for social security coverage in respect of old age and survivor'sinsurance provided that the Commission takes such steps as may be necessarypursuant to the laws of the United States, to participate in such program ofinsurance as a governmental agency or unit. The Commission may establish andmaintain or participate in such additional programs of employee benefits as itmay deem appropriate.
(g) The Commission mayborrow, accept or contract for the services of personnel from any state, theUnited States, or any other governmental agency, or from any person, firm,association or corporation.
(h) The Commission mayaccept for any of its purposes and functions under this Compact any and alldonations, and grants of money, equipment, supplies, materials and services,conditional or otherwise, from any state, the United States, or any othergovernmental agency, or from any person, firm, association or corporation, andmay receive, utilize and dispose of the same. Any donation or grant accepted bythe Commission pursuant to this paragraph or services borrowed pursuant toparagraph (g) of this Article shall be reported in the annual report of theCommission. Such report shall include the nature, amount and conditions, ifany, of the donation, grant or services borrowed and the identity of the donoror lender.
(i) The Commissionshall adopt bylaws for the conduct of its business and shall have the power toamend and rescind these bylaws. The Commission shall publish its bylaws inconvenient form and shall file a copy thereof and a copy of any amendmentthereto, with the appropriate agency or officer in each of the party states.
(j) The Commissionannually shall make to the Governor, legislature and advisory body required byArticle V (a) of each party state a report covering the activities of theCommission for the preceding year, and embodying such recommendations as mayhave been made by the Commission. The Commission may make such additionalreports as it may deem desirable.
Article VI. Advisory,Technical and Regional Committees
The Commission shall establishsuch advisory and technical, and regional committees as it may deem necessary,membership on which shall include private persons and public officials, andshall cooperate with and use the services of any such committees and theorganizations which the members represent in furthering any of its activities.Such committees may be formed to consider problems of special interest to anyparty states, problems dealing with particular commodities or types of miningoperations, problems related to reclamation, development, or use of mined land,or any other matters of concern to the Commission.
Article VII. Finance
(a) The Commissionshall submit to the Governor or designated officer or officers of each partystate a budget of its estimated expenditures for such period as may be requiredby the laws of that party state for presentation to the legislature thereof.
(b) Each of theCommission's budgets of estimated expenditures shall contain specificrecommendations of the amount or amounts to be appropriated by each of theparty states. The total amount of appropriations requested under any suchbudget shall be apportioned among the party states as follows: One half inequal shares; and the remainder in proportion to the value of minerals, ores,and other solid matter mined. In determining such values, the Commission shallemploy such available public source or sources of information as, in itsjudgment, present the most equitable and accurate comparisons among the partystates. Each of the Commission's budgets of estimated expenditures and requestsfor appropriations shall indicate the source or sources used in obtaininginformation concerning value of minerals, ores, and other solid matter mined.
(c) The Commissionshall not pledge the credit of any party state. The Commission may meet any ofits 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 settingaside such funds prior to incurring any obligation to be met in whole or inpart in such manner. Except where the Commission makes use of funds availableto it under Article V (h) hereof, the Commission shall not incur any obligationprior to the allotment of funds by the party states adequate to meet the same.
(d) The Commissionshall keep accurate accounts of all receipts and disbursements. The receiptsand disbursements of the Commission shall be subject to the audit andaccounting procedures established under its bylaws. All receipts anddisbursements of funds handled by the Commission shall be audited yearly by a qualifiedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Commission.
(e) The accounts of theCommission shall be open at any reasonable time for inspection by dulyconstituted officers of the party states and by any persons authorized by theCommission.
(f) Nothing containedherein shall be construed to prevent Commission compliance with laws relatingto audit or inspection of accounts by or on behalf of any governmentcontributing to the support of the Commission.
Article VIII. Entry into Forceand Withdrawal
(a) This Compact shallenter 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 enactmentthereof.
(b) Any party state maywithdraw from this Compact by enacting a statute repealing the same, but nosuch withdrawal shall take effect until one year after the Governor of thewithdrawing state has given notice in writing of the withdrawal to theGovernors of all other party states. No withdrawal shall affect any liabilityalready incurred by or chargeable to a party state prior to the time of suchwithdrawal.
Article IX. Effect on OtherLaws
Nothing in this Compact shallbe construed to limit, repeal or supersede any other law of any party state.
Article X. Construction andSeverability
This Compact shall beliberally construed so as to effectuate the purposes thereof. The provisions ofthis Compact shall be severable and if any phrase, clause, sentence orprovision of this Compact is declared to be contrary to the constitution of anystate or of the United States or the applicability thereof to any government,agency, person or circumstance is held invalid, the validity of the remainderof this Compact and the applicability thereof to any government, agency, personor circumstance shall not be affected thereby. If this Compact shall be heldcontrary to the constitution of any state participating herein, the Compactshall remain in full force and effect as to the remaining party states and infull force and effect as to the state affected as to all severable matters. (1967, c. 946, s. 1.)