§ 23-2722 — Interstate mining compact

New York § 23-2722

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 27: New York State Mined Land Reclamation Law
• Art. 23: Mineral Resources

Text

§ 23-2722. Interstate mining compact.\n The "interstate mining compact" is hereby enacted into law and entered\ninto by this state with all other states legally joining therein in the\nform substantially as follows:\n THE INTERSTATE MINING COMPACT\n ARTICLE I\n POLICIES AND PURPOSES\n There is created the "interstate mining compact".\n 1.1 The party states find that:\n (a) Mining and the contributions thereof to the economy and well-being\nof every state are of basic significance.\n (b) The effects of mining on the availability of land, water and other\nresources for other uses present special problems which properly can be\napproached only with due consideration for the rights and interests of\nthose engaged in mining, those using or proposing to use these resources\nfor other purposes, and the public.\n (c) Measures for the reduction of the adverse effects of mining on\nland, water and other resources may be costly and the devising of means\nto deal with them are of both public and private concern.\n (d) Such variables as soil structure and composition, physiography,\nclimatic conditions, and the needs of the public make impracticable the\napplication to all mining areas of a single standard for the\nconservation, adaption, or restoration of mined land, or the development\nof mineral and other natural resources, but justifiable requirements of\nlaw and practice relating to the effects of mining on land, water, and\nother resources may be reduced in equity or effectiveness unless they\npertain similarly from state to state for all mining operations\nsimilarly situated.\n (e) The states are in a position and have the responsibility to assure\nthat mining shall be conducted in accordance with sound conservation\nprinciples, and with due regard for local conditions.\n 1.2 The purposes of this compact are to:\n (a) Advance the protection and restoration of land, water and other\nresources affected by mining.\n (b) Assist in the reduction or elimination or counteracting of\npollution or deterioration of land, water and air attributable to\nmining.\n (c) Encourage, with due recognition of relevant regional, physical,\nand other differences, programs in each of the party states which will\nachieve comparable results in protecting, conserving, and improving the\nusefulness of natural resources, to the end that the most desirable\nconduct of mining and related operations may be universally facilitated.\n (d) Assist the party states in their efforts to facilitate the use of\nland and other resources affected by mining, so that such use may be\nconsistent with sound land use, public health, and public safety, and to\nthis end to study and recommend, wherever desirable, techniques for the\nimprovement, restoration or protection of such land and other resources.\n (e) Assist in achieving and maintaining an efficient and productive\nmining industry and in increasing economic and other benefits\nattributable to mining.\n ARTICLE II\n DEFINITIONS\n As used in this compact, unless the context clearly requires a\ndifferent construction:\n 2.1 "Mining" means the breaking of the surface soil in order to\nfacilitate or accomplish the extraction or removal of minerals, ores, or\nother solid matter, any activity or process constituting all or part of\na process for the extraction or removal of minerals, ores, and other\nsolid matter from its original location, and the preparation, washing,\ncleaning, or other treatment of minerals, ores, or other solid matter so\nas to make them suitable for commercial, industrial, or construction\nuse; but shall not include those aspects of deep mining not having\nsignificant effect on the surface, and shall not include excavation or\ngrading when conducted solely in aid of on site farming or construction.\n 2.2 "State" means a state of the United States, the District of\nColumbia, and the commonwealth of Puerto Rico, or a territory or\npossession of the United States.\n ARTICLE III\n THE COMMISSION\n 3.1 There is created the "interstate mining commission". The\ncommission consists of one voting member from each state. The governor\nof each party state shall notify the commission in writing of the member\nand any alternates. An alternate may act on behalf of the member only in\nthe member's absence. The method for selection and the expenses of each\ncommission member shall be the responsibility of the member's respective\nstate.\n 3.2 Each commission member is entitled to one vote. No action of the\ncommission is binding unless a majority of the total membership cast\ntheir votes in the affirmative.\n 3.3 The commission shall elect annually from among its members a\nchairperson. The commission shall adopt and publish, in convenient form,\nby-laws, and policies which are not inconsistent with this compact,\nincluding procedure in regard to notice, conduct and recording of\nmeetings; access by the public to records; provision of information to\nthe public; conduct of adjudicatory hearings; and issuance of decisions.\n 3.4 The commission shall meet at least once annually and shall also\nmeet upon the call of the chairperson or a commission member.\n 3.5 All meetings of the commission shall be open to the public with\nreasonable advance notice. The commission may, by majority vote, close a\nmeeting to the public for the purpose of considering sensitive personnel\nor legal strategy matters; however, all commission actions and decisions\nshall be made in open meetings and appropriately recorded.\n 3.6 The commission may establish advisory committees for the purpose\nof advising the commission on any matters pertaining to mining.\n 3.7 The office of the commission shall be in a party state. The\ncommission may appoint or contract for and compensate such limited staff\nnecessary to carry out its duties and functions. The staff shall serve\nat the commission's pleasure with the exception that staff hired as the\nresult of securing federal funds shall be hired and governed under\napplicable federal statutes and regulations. In selecting any staff, the\ncommission shall assure that the staff has adequate experience and\nformal training to carry out the functions assigned to it by the\ncommission.\n 3.8 The commission shall:\n (a) Receive and act on the petition of a non-party state to become an\neligible state.\n (b) Submit an annual report to, and otherwise communicate with, the\ngovernors and the appropriate officers of the legislative bodies of the\ncommission.\n (c) Hear, negotiate, and, as necessary, resolve by final decision\ndisputes which may arise between the party states regarding this\ncompact.\n ARTICLE IV\n BUDGET\n 4.1 The commission shall submit to each party state a budget of its\nestimated expenditures for such period as may be required by the laws of\nthat party state for presentation to the legislature thereof.\n 4.2 Each of the commission's budgets of estimated expenditures shall\ncontain specific recommendations of the amount or amounts to be\nappropriated by each of the party states. The total amount of\nappropriations requested under any such budget shall be apportioned\namong the party states as follows: one-half in equal shares, and the\nremainder in proportion to the value of minerals, ores, and other solid\nmatter mined. In determining such values, the commission shall employ\nsuch available public source or sources of information as, in its\njudgment, present the most equitable and accurate comparisons among the\nparty states. Each of the commission's budgets of estimated expenditures\nand requests for appropriations shall indicate the source or sources\nused in obtaining information concerning value of minerals, ores, and\nother solid matter mined.\n 4.3 The commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the commission shall be\nsubject to the audit and accounting procedures established under its\nby-laws. All receipts and disbursements of funds handled by the\ncommission shall be audited yearly by a qualified public accountant and\nthe report of the audit shall be included in and become part of the\nannual report of the commission.\n 4.4 The commission may accept for any of its purposes and functions\nand may utilize and dispose of any donations, grants of money,\nequipment, supplies, materials and services from any state or the United\nStates (or any subdivision or agency thereof), or interstate agency, or\nfrom any institution, person, firm or corporation. The nature, amount\nand condition, if any, attendant upon any donation or grant accepted or\nreceived by the commission, together with the identity of the donor,\ngrantor or lender, shall be detailed in the annual report of the\ncommission.\n 4.5 The commission is a legal entity separate and distinct from the\nparty states and is liable for its actions as a separate and distinct\nlegal entity. Liabilities of the commission are not liabilities of the\nparty state. Members of the commission are not personally liable for\nactions taken by them in their official capacity.\n (a) Nothing in this compact alters liability for any act, omission,\ncourse of conduct or liability resulting from any casual or other\nrelationships.\n (b) Any person aggrieved by a final decision of the commission may\nobtain judicial review of such decision in any court of jurisdiction by\nfiling in such court a petition for review within sixty days after the\ncommission's final decision.\n ARTICLE V\n POWERS\n 5.1 In addition to any other powers conferred upon the interstate\nmining commission, such commission shall have power to:\n (a) Study mining operations, processes and techniques for the purpose\nof gaining knowledge concerning the effects of such operation, processes\nand techniques on land, soil, water, air, plant and animal life,\nrecreation, and patterns of community or regional development or change.\n (b) Study the conservation, adaption, improvement and restoration of\nland and related resources affected by mining.\n (c) Make recommendations concerning any aspect or aspects of law or\npractice and governmental administration dealing with matters within the\npurview of this compact.\n (d) Gather and disseminate information relating to any of the matters\nwithin the purview of this compact.\n (e) Cooperate with the federal government and any public or private\nentities having interest in any subject coming within the purview of\nthis compact.\n (f) Consult, upon the request of a party state and within resources\navailable therefor, with the officials of such state in respect to any\nproblems within the purview of this compact.\n (g) Study and make recommendations with respect to any practice,\nprocess, techniques, or course of action that may improve the efficiency\nof mining or the economic yield from mining operations.\n (h) Study and make recommendations relating to the safeguarding of\naccess to resources which are or may become the subject of mining\noperations to the end that the needs of the economy for the products of\nmining may not be adversely affected by unplanned or inappropriate use\nof land and other resources containing minerals or otherwise connected\nwith actual or potential mining sites.\n ARTICLE VI\n STATE PROGRAMS\n 6.1 Each party state agrees that within a reasonable time, it will\nformulate and establish an effective program for the conservation and\nuse of mined land, by the establishment of standards, enactment of laws,\nor the continuing of the same in force, to accomplish:\n (a) The protection of the public and the protection of adjoining, and\nother, landowners from damage to their lands and the structures and\nother property thereon resulting from the conduct of mining operations\nor the abandonment or neglect of land and property formerly used in the\nconduct of such operations.\n (b) The conduct of mining and the handling of refuse and other mining\nwastes in ways that will reduce adverse effects on the economic,\nresidential, recreational or aesthetic value and utility of land and\nwater.\n (c) The institution and maintenance of suitable programs of adaption,\nrestoration, and rehabilitation of mined lands.\n (d) The prevention, abatement and control of water, air and soil\npollution resulting from mining, present, past and future.\n ARTICLE VII\n ENTRY INTO FORCE AND WITHDRAWAL\n 7.1 This compact shall enter into force when enacted into law by any\nfour or more states. Thereafter, this compact shall become effective as\nto any other state upon its enactment thereof.\n 7.2 Any party state may withdraw from this compact by enacting a\nstatute repealing the same, but no such withdrawal shall take effect\nuntil one year after the withdrawing party state has given notice in\nwriting of the withdrawal to all other party states. No withdrawal shall\naffect any liability already incurred by or chargeable to a party state\nprior to the time of such withdrawal.\n ARTICLE VIII\n EFFECT ON OTHER LAWS\n 8.1 Nothing within this compact shall be construed to limit, repeal or\nsupersede any other law of any party state.\n ARTICLE IX\n SEVERABILITY AND CONSTRUCTION\n 9.1 The provisions of this compact shall be severable and if any\nphrase, clause, sentence or provision of this compact is declared by a\ncourt of competent jurisdiction to be contrary to the constitution of\nany participating state or of the United States or the applicability\nthereof to any government, agency, person or circumstance is held\ninvalid, the validity of the remainder of this compact and the\napplicability thereof to any government, agency, person or circumstance\nshall not be affected thereby. If any provision of this compact shall be\nheld contrary to the constitution of any state participating therein,\nthe compact shall remain in full force and effect as to the state\naffected as to all severable matters.\n 9.2 The governor shall appoint one member and one alternate member to\nrepresent New York's interests on the interstate mining commission.\n