§ 30-4-104 — Interstate Mining Compact

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 I
Findings and Purposes
(a) The party states find that:
(i) Mining and the contributions thereof to the
economy and well-being of every state are of basic significance;
(ii) 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;
(iii) 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;
(iv) 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;
(v) 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:
(i) Advance the protection and restoration of land,
water and other resources affected by mining;
(ii) Assist in the reduction or elimination or
counteracting of pollution or deterioration of land, water and
air attributable to mining;
(iii) 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;
(iv) 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 the improvement,
restoration or protection of such land and other resources;
(v) Assist in achieving and maintaining an efficient
and productive mining industry and in increasing economic and
other benefits attributable to mining.
Article II
Definitions
(a) As used in this compact, the term:
(i) "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;
(ii) "State" means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.
Article III
State Programs
(a) 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:
(i) 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;
(ii) 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;
(iii) The institution and maintenance of suitable
programs of adaptation, restoration, and rehabilitation of mined
lands;
(iv) The prevention, abatement and control of water,
air and soil pollution resulting from mining-present, past and
future.
Article IV
Powers
(a) In addition to any other powers conferred upon the
interstate mining commission, established by article V of this
compact, such commission shall have power to:
(i) 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;
(ii) Study the conservation, adaptation, improvement
and restoration of land and related resources affected by
mining;
(iii) Make recommendations concerning any aspect or
aspects of law or practice and governmental administration
dealing with matters within the purview of this compact;
(iv) Gather and disseminate information relating to
any of the matters within the purview of this compact;
(v) Cooperate with the federal government and any
public or private entities having interests in any subject
coming within the purview of this compact;
(vi) 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;
(vii) 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;
(viii) 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
(1) 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 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 state 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 (1) vote
each on the commission. No action of the commission making a
recommendation pursuant to article IV(a)(iii), IV(a)(vii), and
IV(a)(viii) or requesting, accepting or disposing of funds,
services or other property pursuant to this subsection, 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, are 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 chairman, a vice-chairman and a treasurer. The
commission shall appoint an executive director and fix duties
and compensation of the executive director. 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 subsection or services borrowed pursuant to
subsection (g) of the 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.
(j) 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
. (k) The commission annually shall make to the governor,
legislature and advisory body of each party state described in
subsection (a) of this article 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 state, 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 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 (1/2) 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 requests 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) hereof, 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 VIII
Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into
law by any four (4) 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 (1) 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 previously and separately agreed to, and
already incurred by or chargeable to a party state, under
article VII(b), 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.