CHAPTER 38-20 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 b

are of basic significance

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

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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

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

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

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Advance the protection and restoration of land, water, and other resources affected by mining

Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water, and air attributable to mining

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

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

Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining

ARTICLE II - DEFINITIONS 2

The purposes of this compact are to: a

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

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"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

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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

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

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

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 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

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 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

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The commission shall have a seal

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

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

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

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

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

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

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 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

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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

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 Page No. 3 3

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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

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

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

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 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

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

38-20-02. Filing bylaws and amendments

In accordance with subsection 9 of article V of the compact, the interstate mining compact commission shall file copies of its bylaws and any amendments thereto with the governor and public service commission

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