45.1-271 - Interstate Mining Compact.
§ 45.1-271. Interstate Mining Compact.
ARTICLE I FINDINGS AND PURPOSES
(a) The party States find that:
1. Mining and the contributions thereof to the economy and well-being ofevery State are of basic significance.
2. The effects of mining on the availability of land, water and otherresources for other uses present special problems which properly can beapproached only with due consideration for the rights and interests of thoseengaged in mining, those using or proposing to use these resources for otherpurposes, and the public.
3. Measures for the reduction of the adverse effects of mining on land, waterand other resources may be costly and the devising of means to deal with themare of both public and private concern.
4. Such variables as soil structure and composition, physiography, climaticconditions, and the needs of the public make impracticable the application toall mining areas of a single standard for the conservation, adaptation, orrestoration of mined land, or the development of mineral and other naturalresources, but justifiable requirements of law and practice relating to theeffects of mining on land, water, and other resources may be reduced inequity or effectiveness unless they pertain similarly from State to State forall mining operation similarly situated.
5. The States are in a position and have the responsibility to assure thatmining 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 resourcesaffected by mining.
2. Assist in the reduction or elimination or counteracting of pollution ordeterioration of land, water and air attributable to mining.
3. Encourage, with due recognition of relevant regional, physical, and otherdifferences, programs in each of the party States which will achievecomparable results in protecting, conserving, and improving the usefulness ofnatural resources, to the end that the most desirable conduct of mining andrelated operations may be universally facilitated.
4. Assist the party States in their efforts to facilitate the use of land andother resources affected by mining, so that such use may be consistent withsound land use, public health, and public safety, and to this end to studyand recommend, wherever desirable, techniques for the improvement,restoration or protection of such land and other resources.
5. Assist in achieving and maintaining an efficient and productive miningindustry and in increasing economic and other benefits attributable tomining. ARTICLE II DEFINITIONS
As used in this compact, the term:
(a) "Mining" means the breaking of the surface soil in order to facilitateor accomplish the extraction or removal of minerals, ores, or other solidmatter, any activity or process constituting all or part of a process for theextraction or removal of minerals, ores, and other solid matter from itsoriginal location, and the preparation, washing, cleaning, or other treatmentof minerals, ores, or other solid matter so as to make them suitable forcommercial, industrial, or construction use; but shall not include thoseaspects of deep mining not having significant effect on the surface, andshall not include excavation or grading when conducted solely in aid of onsite farming or construction.
(b) "State" means a State of the United States, the District of Columbia,the Commonwealth of Puerto Rico, or a Territory or Possession of the UnitedStates. ARTICLE III STATE PROGRAMS
Each party State agrees that within a reasonable time it will formulate andestablish an effective program for the conservation and use of mined land, bythe establishment of standards, enactment of laws, or the continuing of thesame in force, to accomplish:
1. The protection of the public and the protection of adjoining and otherlandowners from damage to their lands and the structures and other propertythereon resulting from the conduct of mining operations or the abandonment orneglect 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 wastesin 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 pollutionresulting from mining, present, past and future. ARTICLE IV POWERS
In addition to any other powers conferred upon the Interstate MiningCommission, established by Article V of this compact, such Commission shallhave power to:
1. Study mining operations, processes and techniques for the purpose ofgaining knowledge concerning the effects of such operation, processes andtechniques on land, soil, water, air, plant and animal life, recreation, andpatterns of community or regional development or change.
2. Study the conservation, adaptation, improvement and restoration of landand related resources affected by mining.
3. Make recommendations concerning any aspect or aspects of law or practiceand governmental administration dealing with matters within the purview ofthis compact.
4. Gather and disseminate information relating to any of the matters withinthe purview of this compact.
5. Cooperate with the federal government and any public or private entitieshaving interest in any subject coming within the purview of this compact.
6. Consult, upon the request of a party State and within resources availabletherefore, with the officials of such State in respect to any problem withinthe 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 orthe economic yield from mining operations.
8. Study and make recommendations relating to the safeguarding of access toresources which are or may become the subject of mining operations to the endthat the needs of the economy for the products of mining may not be adverselyaffected by unplanned or inappropriate use of land and other resourcescontaining minerals or otherwise connected with actual or potential miningsites. 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." TheCommission shall be composed of one commissioner from each party State whoshall be the Governor thereof. Pursuant to the laws of his party State, eachGovernor shall have the assistance of any 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 hisState on the Commission. In any instance where a Governor is unable to attenda meeting of the Commission or perform any other function in connection withthe business of the business of the Commission, he shall designate analternate, from among the members of the advisory body required by thisparagraph, who shall represent him and act in his place and stead. Thedesignation of an alternate shall be communicated by the Governor to theCommission 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, orother property pursuant to this paragraph, Article 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 beby a majority of those present and voting: provided that action of theCommission shall be only at a meeting at which a majority of thecommissioners, or their alternates, is present. The Commission may establishand maintain such facilities as may be necessary for the transacting of itsbusiness. The Commission may acquire, hold, and convey real and personalproperty and any interest therein.
(c) The Commission shall have a seal.
(d) The Commission shall elect annually, from among its members, a chairman,a vice-chairman, and a treasurer. The Commission shall appoint an ExecutiveDirector and fix his duties and compensation. Such Executive Director shallserve at the pleasure of the Commission. The Executive Director, theTreasurer, and such other personnel as the Commission shall designate shallbe bonded. The amount or amounts of such bond or bonds shall be determined bythe Commission.
(e) Irrespective of the civil service, personnel or other merit system lawsof any of the party States, the Executive Director with the approval of theCommission, shall appoint, remove or discharge such personnel as may benecessary for the performance of the Commission's functions, and shall fixthe duties and compensation of such personnel.
(f) The Commission may establish and maintain independently or in conjunctionwith a party State, a suitable retirement system for its employees. Employeesof the Commission shall be eligible for social security coverage in respectof old age and survivor's insurance provided that the Commission takes suchsteps as may be necessary pursuant to the laws of the United States, toparticipate in such program of insurance as a governmental agency or unit.The Commission may establish and maintain or participate in such additionalprograms of employee benefits as it may deem appropriate.
(g) The Commission may borrow, accept or contract for the services ofpersonnel from any State, the United States, or any other governmentalagency, or from any person, firm, association or corporation.
(h) The Commission may accept for any of its purposes and functions underthis compact any and all donations, and grants of money, equipment, supplies,materials and service, conditional or otherwise, from any State, the UnitedStates, 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 paragraphor services borrowed pursuant to paragraph (g) of this Article shall bereported in the annual report of the Commission. Such report shall includethe nature, amount and conditions, if any, of the donation, grant or servicesborrowed and the identity of the donor or lender.
(i) The Commission shall adopt bylaws for the conduct of its business andshall have the power to amend and rescind these bylaws. The Commission shallpublish its bylaws in convenient form and shall file a copy thereof and acopy of any amendment thereto, with the appropriate agency or officer in eachof the party States.
(j) The Commission annually shall make to the Governor, legislature andadvisory body required by Article V (a) of each party State a report coveringthe activities of the Commission for the preceding year, and embodying suchrecommendations as may have been made by the Commission. The Commission maymake such additional reports as it may deem desirable. ARTICLE VI ADVISORY, TECHNICAL, AND REGIONAL COMMITTEES
The Commission shall establish such advisory, technical, and regionalcommittees as it may deem necessary, membership on which shall includeprivate persons and public officials, and shall cooperate with and use theservices of any such committees and the organizations which the membersrepresent in furthering any of its activities. Such committees may be formedto consider problems of special interest to any party States, problemsdealing with particular commodities or types of mining operations, problemsrelated to reclamation, development, or use of mined land, or any othermatters of concern to the Commission. ARTICLE VII FINANCE
(a) The Commission shall submit to the Governor or designated officer orofficers of each party State a budget of its estimated expenditures for suchperiod as may be required by the laws of that party State for presentation tothe legislature thereof.
(b) Each of the Commission's budgets of estimated expenditures shall containspecific recommendations of the amount or amounts to be appropriated by eachof the party States. The total amount of appropriations requested under anysuch budget shall be apportioned among the party States as follows: one-halfin equal shares, and the remainder in proportion to the value of minerals,ores, and other solid matter mined. In determining such values, theCommission shall employ such available public source or sources ofinformation as, in its judgment, present the most equitable and accuratecomparisons among the party States. Each of the Commission's budgets ofestimated expenditures and requests for appropriations shall indicate thesource 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. TheCommission may meet any of its obligations in whole or in part with fundsavailable to it under Article V (h) of this compact; provided that theCommission takes specific action setting aside such funds prior to incurringany obligation to be met in whole or in part in such manner. Except where theCommission makes use of funds available to it under Article V (h) hereof, theCommission shall not incur any obligation prior to the allotment of funds bythe party States adequate to meet the same.
(d) The Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Commission shall besubject to the audit and accounting procedures established under its bylaws.All receipts and disbursements of funds handled by the Commission shall beaudited yearly by a qualified public accountant and the report of the auditshall be included in and become part of the annual report of the Commission.
(e) The accounts of the Commission shall be open at any reasonable time forinspection by duly constituted officers of the party States and by anypersons authorized by the Commission.
(f) Nothing contained herein shall be construed to prevent Commissioncompliance with laws relating to audit or inspection of accounts by or onbehalf 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 ormore States. Thereafter, this compact shall become effective as to any otherState upon its enactment thereof.
(b) Any party State may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the Governor of the withdrawing State has given notice in writing ofthe withdrawal to the Governors of all other party States. No withdrawalshall affect any liability already incurred by or chargeable to a party Stateprior to the time of such withdrawal. ARTICLE IX EFFECT ON OTHER LAWS
Nothing in this compact shall be construed to limit, repeal or supersede anyother law of any party State. ARTICLE X CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposesthereof. The provisions of this compact shall be severable and if any phrase,clause, sentence or provision of this compact is declared to be contrary tothe constitution of any State or of the United States or the applicabilitythereof to any government, agency, person or circumstance is held invalid,the validity of the remainder of this compact and the applicability thereofto any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anyState participating herein, the compact shall remain in full force and effectas to the remaining party States and in full force and effect as to the Stateaffected as to all severable matters.
(1977, c. 468.)