38-20-01. Interstate mining compact

38-20-01. 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

1. The party states find that:

a. Mining and the contributions thereof to the economy and well-being of every state

are of basic significance.

b. 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.

c. 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 concerns.

d. 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.

e. The states are in a position and have the responsibility to assure that mining is

conducted in accordance with sound conservation principles and with due regard

for local conditions.

2. The purposes of this compact are to:

a. Advance the protection and restoration of land, water, and other resources

affected by mining.

b. Assist in the reduction or elimination or counteracting of pollution or deterioration

of land, water, and air attributable to mining.

c. 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.

d. 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.

e. Assist in achieving and maintaining an efficient and productive mining industry

and in increasing economic and other benefits attributable to mining.

ARTICLE II - DEFINITIONS

As used in this compact, the term:

1. "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 does not include those aspects of deep

mining not having significant effect on the surface and does not include excavation of

grading when conducted solely in aid of onsite farming or construction.

2. "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

Each party state agrees that it has or will establish effective programs to accomplish the

purposes of this compact.

ARTICLE IV - POWERS

grading when conducted solely in aid of onsite farming or construction.

2. "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

Each party state agrees that it has or will establish effective programs to accomplish the

purposes of this compact.

ARTICLE IV - POWERS

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:

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 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

interests in any subject coming within the purview of this compact.

6. 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.

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 V - THE COMMISSION

1. 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 the party state, each governor may have the

assistance of an advisory body, including membership from mining industries,

conservation interests, and such other public and private interests as may be

appropriate, in considering problems relating to mining and in discharging the

responsibilities as a commissioner on the commission. If a governor is unable to

attend a meeting of the commission or perform any other function in connection with

the business of the commission, an alternate must be designated to represent and act

on behalf of the governor. The alternate designated by the governor must be employed

by the state agency with responsibilities for protecting and restoring lands affected by

mining. The designation of an alternate must be communicated by the governor to the

commission in such manner as its bylaws may provide.

2. The commissioners shall be entitled to one vote each on the commission. No action of

the commission making a recommendation pursuant to subsections 3, 7, and 8 of

article IV or requesting, accepting, or disposing of funds, services, or other property

pursuant to this subsection, subsections 7 and 8 of this article, or article 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 must 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, who are present. The

tions 7 and 8 of this article, or article 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 must 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, who 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.

3. The commission shall have a seal.

4. 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

the 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 amounts of such bonds must be

determined by the commission.

5. 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.

6. 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 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.

7. 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.

8. 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 7

must be reported in the annual report of the commission. Such report must include the

nature, amount, and conditions, if any, of the donation, grant, or services borrowed

and the identity of the donor or lender.

9. 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.

10. The commission annually shall make to the governor, legislative assembly, and any

advisory body established under subsection 1 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 VI - ADVISORY, TECHNICAL, AND REGIONAL COMMITTEES

The commission shall establish such advisory, technical, and regional committees as it may

deem necessary, membership on which must include private persons and public officials, and

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 must 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 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 VII - FINANCE

1. 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.

2. Each of the commission's budgets of estimated expenditures must contain specific

recommendations of the amounts to be appropriated by each of the party states. The

total amount of appropriations requested under any such budget must be apportioned

among the party states 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 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 must indicate the sources used in obtaining information concerning

value of minerals, ores, and other solid matter mined.

3. 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

subsection 8 of article V, 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 when the commission makes use of funds available to it under

subsection 8 of article V hereof, the commission shall not incur any obligation prior to

the allotment of funds by the party states adequate to meet the same.

4. The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission must be subject to the audit and

accounting procedures established under its bylaws. All receipts and disbursements of

funds handled by the commission must be audited yearly by a qualified public

accountant and the report of the audit must be included in and become part of the

annual report of the commission.

5. The accounts of the commission must be open at any reasonable time for inspection

by duly constituted officers of the party states and by any persons authorized by the

commission.

6. Nothing contained herein must 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

1. The compact enters into force when enacted into law by any four or more states.

Thereafter, this compact becomes effective as to any other state upon its enactment

thereof.

2. Any party state may withdraw from this compact by enacting a statute repealing the

same, but no such withdrawal takes 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 affects any liability already incurred by or chargeable

s to any other state upon its enactment

thereof.

2. Any party state may withdraw from this compact by enacting a statute repealing the

same, but no such withdrawal takes 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 affects any liability already incurred by or chargeable

to a party state 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.