444.400. Mining compact--purpose, definitions--commission, budget, powers and programs--construction.
Mining compact--purpose, definitions--commission, budget, powersand programs--construction.
444.400. The "Interstate Mining Compact"* is hereby enacted into law andentered into by this state with all other states legally joining therein inthe form substantially as follows:
THE INTERSTATE MINING COMPACT
ARTICLE I. Policies and Purposes There is created the "Interstate MiningCompact".
a. The party States find that:
1. Mining and the contributions thereof to the economy and well-being ofevery State are of basic significance.
2. The effects of mining on the availability of land, water and otherresources for other uses present special problems which properly can beapproached only with due consideration for the rights and interests of thoseengaged in mining, those using or proposing to use these resources for otherpurposes, 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 withthem 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 theapplication to all mining areas of a single standard for the conservation,adaptation, or restoration of mined land, or the development of mineral andother natural resources, but justifiable requirements of law and practicerelating to the effects of mining on land, water, and other resources may bereduced in equity or effectiveness unless they pertain similarly from State toState for all mining operation similarly situated.
5. The States are in a position and have the responsibility to assurethat mining shall be conducted in accordance with sound conservationprinciples, 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 otherresources affected by mining.
2. Assist in the reduction or elimination or counteracting of pollutionor deterioration of land, water and air attributable to mining.
3. Encourage, with due recognition of relevant regional, physical, andother differences, programs in each of the party States which will achievecomparable results in protecting, conserving, and improving the usefulness ofnatural resources, to the end that the most desirable conduct of mining andrelated operations may be universally facilitated.
4. Assist the party States in their efforts to facilitate the use ofland and other resources affected by mining, so that such use may beconsistent with sound land use, public health, and public safety, and to thisend to study and recommend, wherever desirable, techniques for theimprovement, restoration or protection of such land and other resources.
5. Assist in achieving and maintaining an efficient and productivemining industry and in increasing economic and other benefits attributable tomining.
ARTICLE II. Definitions
As used in this compact, unless the context clearly requires a differentconstruction:
a. "Mining" means the breaking of the surface soil in order tofacilitate or accomplish the extraction or removal of minerals, ores, or othersolid matter, any activity or process constituting all or part of a processfor the extraction or removal of minerals, ores, and other solid matter fromits original location, and the preparation, washing, cleaning, or othertreatment of minerals, ores, or other solid matter so as to make them suitablefor commercial, industrial, or construction use; but shall not include thoseaspects of deep mining not having significant effect on the surface, and shallnot include excavation or grading when conducted solely in aid of on sitefarming or construction.
b. "State" means a State of the United States, the District of Columbia,the Commonwealth of Puerto Rico, or a Territory or Possession of the UnitedStates.
ARTICLE III. The Commission
a. There is created the "Interstate Mining Commission". The Commissionconsists of one voting member from each State. The Governor of each partystate shall notify the Commission in writing of the member and any alternates. An alternate, may act on behalf of the member only in the member's absence.The method for selection and the expenses of each Commission member shall bethe responsibility of the member's respective State.
b. Each commission member is entitled to one vote. No action of theCommission is binding unless a majority of the total membership cast theirvotes in the affirmative.
c. The commission shall elect annually from among its members achairperson. The commission shall adopt and publish, in convenient form,bylaws, and policies which are not inconsistent with this compact, includingprocedures in regard to notice, conduct and recording of meetings; access bythe public to records; provision of information to the public, conduct ofadjudicatory hearings; and issuance of decisions.
d. The commission shall meet at least once annually and shall also meetupon the call of the chairperson or a commission member.
e. All meetings of the commission shall be open to the public withreasonable advance notice. The commission may, by majority vote, close ameeting to the public for the purpose of considering sensitive personnel orlegal strategy matters, however, all commission actions and decisions shall bemade in open meetings and appropriately recorded.
f. The commission may establish advisory committees for the purpose ofadvising the commission on any matters pertaining to mining.
g. The office of the commission shall be in a party state. Thecommission may appoint or contract for and compensate such limited staffnecessary to carry out its duties and functions. The staff shall serve at thecommission's pleasure with the exception that staff hired as the result ofsecuring federal funds shall be hired and governed under applicable federalstatutes and regulations. In selecting any staff, the commission shall assurethat the staff has adequate experience and formal training to carry out thefunctions assigned to it by the commission.
h. The commission shall:
1. Receive and act on the petition of a non-party state to become aneligible state.
2. Submit an annual report to, and otherwise communicate with, thegovernors and the appropriate officers of the legislative bodies of thecommission.
3. Hear, negotiate, and, as necessary, resolve by final decisiondisputes which may arise between the party states regarding this compact.
ARTICLE IV. Budget
1. The Commission shall submit to each party State a budget of itsestimated expenditures for such period as may be required by the laws of thatparty State for presentation to the legislature thereof.
2. Each of the Commission's budgets of estimated expenditures shallcontain specific recommendations of the amount or amounts to be appropriatedby each of the party States. The total amount of appropriations requestedunder 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 ofminerals, ores, and other solid matter mined. In determining such values, theCommission shall employ such available public source or sources of informationas, in its judgment, present the most equitable and accurate comparisons amongthe party States. Each of the Commission's budgets of estimated expendituresand requests for appropriations shall indicate the source or sources used inobtaining information concerning value of minerals, ores, and other solidmatter mined.
3. The Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Commission shall besubject to the audit and accounting procedures established under its bylaws.All receipts and disbursements of funds handled by the Commission shall beaudited yearly by a qualified public accountant and the report of the auditshall be included in and become part of the annual report of the Commission.
4. The Commission may accept for any of its purposes and functions andmay utilize and dispose of any donations, grants of money, equipment,supplies, materials and services from any state or the United States (or anysubdivision or agency thereof), or interstate agency, or from any institution,person, firm or corporation. The nature, amount and condition, if any,attendant upon any donation or grant accepted or received by the commissiontogether with the identity of the donor, grantor or lender, shall be detailedin the annual report of the commission.
5. The Commission is a legal entity separate and distinct from the partystates and is liable for its actions as a separate and distinct legal entity.Liabilities of the commission are not liabilities of the party state. Membersof the commission are not personally liable for actions taken by them in theirofficial capacity.
a. Except as provided under paragraph four, nothing in this compactalters liability for any act, omission, course of conduct or liabilityresulting from any casual or other relationships.
b. Any person aggrieved by a final decision of the commission may obtainjudicial review of such decision in any court of jurisdiction by filing insuch court a petition for review within sixty days after the commission'sfinal decision.
ARTICLE V. Powers
a. In addition to any other powers conferred upon the Interstate MiningCommission, such Commission shall have power to:
1. Study mining operations, processes and techniques for the purpose ofgaining knowledge concerning the effects of such operation, processes andtechniques on land, soil, water, air, plant and animal life, recreation, andpatterns of community or regional development or change.
2. Study the conservation, adaptation, improvement and restoration ofland and related resources affected by mining.
3. Make recommendations concerning any aspect or aspects of law orpractice and governmental administration dealing with matters within thepurview of this compact.
4. Gather and disseminate information relating to any of the matterswithin the purview of this compact.
5. Cooperate with the federal government and any public or privateentities having interest in any subject coming within the purview of thiscompact.
6. Consult, upon the request of a party State and within resourcesavailable therefor, with the officials of such State in respect to any problemwithin the purview of this compact.
7. Study and make recommendations with respect to any practice, process,techniques, or course of action that may improve the efficiency of mining orthe economic yield from mining operations.
8. Study and make recommendations relating to the safeguarding of accessto resources which are or may become the subject of mining operations to theend that the needs of the economy for the products of mining may not beadversely affected by unplanned or inappropriate use of land and otherresources containing minerals or otherwise connected with actual or potentialmining sites.
ARTICLE VI. State Programs
a. Each party State agrees that within a reasonable time, it willformulate and establish an effective program for the conservation and use ofmined land, by the establishment of standards, enactment of laws, or thecontinuing of the same in force, to accomplish:
1. The protection of the public and the protection of adjoining andother landowners from damage to their lands and the structures and otherproperty thereon resulting from the conduct of mining operations or theabandonment or neglect of land and property formerly used in the conduct ofsuch operations.
2. The conduct of mining and the handling of refuse and other miningwastes 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 soilpollution resulting from mining, present, past and future.
ARTICLE VII. Entry Into Force and Withdrawal
a. This compact shall enter into force when enacted into law by any fouror more States. Thereafter, this compact shall become effective as to anyother State upon its enactment thereof.
b. Any party State may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the withdrawing party State has given notice in writing of thewithdrawal to all other party States. No withdrawal shall affect anyliability already incurred by or chargeable to a party State prior to the timeof such withdrawal.
ARTICLE VIII. Effect On Other Laws
Nothing in this compact shall be construed to limit, repeal or supersedeany other law of any party State.
ARTICLE IX. Severability and Construction
The provisions of this compact shall be severable and if any phrase,clause, sentence or provision of this compact is declared by a court ofcompetent jurisdiction to be contrary to the constitution of any participatingstate or of the United States or the applicability thereof to any government,agency, person or circumstance is held invalid, the validity of the remainderof this compact and the applicability thereof to any government, agency,person or circumstance shall not be affected thereby. If any provision ofthis compact shall be held contrary to the constitution of any stateparticipating therein, the compact shall remain in full force and effect as tothe state affected as to all severable matters.
(L. 1991 H.B. 108)*This "Interstate Mining Compact" was created in April of 1971. Missouri is the 18th state to enter, effective 8-28-91. Other states involved include: Alabama Ohio Arkansas Oklahoma Illinois Pennsylvania Indiana South Carolina Kentucky Tennessee Louisiana Texas Maryland Virginia New Mexico West Virginia North Carolina