§ 14-35-4-1 — Form of compact

Indiana § 14-35-4-1

• Jurisdiction: Indiana
• Art. 35: MINING
• Ch. 4: Interstate Mining Compact

Text

The interstate mining compact is hereby
enacted into law and entered into with all other jurisdictions legally
joining therein in the form substantially as follows:
ARTICLE 1
Findings and Purposes
(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 land, water, and other resources may be
reduced in equity or effectiveness unless they pertain similarly
from state to state for all mining operation 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 the 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
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 2
Definitions
As used in this compact:
(a) "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 or
grading when conducted solely in aid of on site farming or
construction.
(b) "State" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
ARTICLE 3
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 4
Powers
In addition to any other powers conferred upon the Interstate Mining
Commission established by Article 5 of this compact, such commission
shall have 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 interest in any subject coming within the
purview of this compact.
(6) Consult, upon the request of a party state and within resources
available therefore, 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 5
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 Indiana the governor shall have assistance of the natural
resources commission in considering problems relating to mining and
in discharging his responsibilities as the commissioner of his state 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, he shall designate an
alternate, from among the members of the advisory body required by
this paragraph, who shall represent him and act in his 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 4(3), 4(7), and 4(8) or requesting, accepting, or
disposing of funds, services, or other property pursuant to this
paragraph, Article 5(g), Article 5(h), or Article 7 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
transacting 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 chairman, a vice chairman, and a treasurer. The commission shall
appoint an executive director and fix his 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 to 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, limited
liability company, 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 service, conditional or
otherwise, from any state, the United States, or any other governmental
agency or from any person, firm, association, limited liability company,
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 5(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 6
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 and use the 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 or types
of mining operations, problems related to reclamation, development,
or use of mined land, or any other matters of concern to the
commission.
ARTICLE 7
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
judgement, 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 5(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 5(h) of this compact, 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 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 8
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 9
Effect on Other Laws
Nothing in this compact shall be construed to limit, repeal, or
supersede any other law of any party state.
ARTICLE 10
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.
[Pre-1995 Recodification Citation: 14-4-2.2-1.]

Legislative History

As added by P.L.1-1995, SEC.28.