CHAPTER 132. INTERSTATE MINING COMPACT
NATURAL RESOURCES CODE
TITLE 4. MINES AND MINING
CHAPTER 132. INTERSTATE MINING COMPACT
Sec. 132.001. ADOPTION OF COMPACT. The Interstate Mining
Compact is enacted into law and entered into with all other
jurisdictions legally joining in the compact in the form provided
in Section 132.002 of this code.
Acts 1977, 65th Leg., p. 2633, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 132.002. TEXT OF COMPACT. The Interstate Mining Compact
reads as follows:
INTERSTATE MINING COMPACT
ARTICLE I. FINDINGS AND PURPOSES
(a) The party states find that:
(1) Mining and the contributions thereof to the economy and
well-being of every state are of basic significance.
(2) 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.
(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 with them 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 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 land, 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.
(5) 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:
(1) advance the protection and restoration of land, water, and
other resources affected by mining;
(2) assist in the reduction or elimination or counteracting of
pollution or deterioration of land, water, and air attributable
to mining;
(3) 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;
(4) 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;
(5) 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:
(a) "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 or grading when conducted solely in aid of on-site
farming 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 United States.
ARTICLE III. STATE PROGRAMS
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:
(a) the protection of the public and the protection of adjoining
and other landowners from damage to their land 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;
(b) 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;
(c) the institution and maintenance of suitable programs of
adaptation, restoration, and rehabilitation of mined land;
(d) the prevention, abatement, and control of water, air, and
soil pollution resulting from mining, present, past, and future.
ARTICLE IV. POWERS
In addition to any other powers conferred on the Interstate
Mining Commission established by Article V of this compact, such
commission shall have power to:
(a) 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;
(b) study the conservation, adaptation, improvement, and
restoration of land and related resources affected by mining;
(c) make recommendations concerning any aspect or aspects of law
or practice and governmental administration dealing with matters
within the purview of this compact;
(d) gather and disseminate information relating to any of the
matters within the purview of this compact;
(e) cooperate with the federal government and any public or
private entities having interest in any subject coming within the
purview of this compact;
(f) consult, on the request of a party state and within
resources available therefor, with the officials of such state in
respect to any problem within the purview of this compact;
(g) study and make recommendations with respect to any practice,
process techniques, or course of action that may improve the
efficiency of mining or the economic yield from mining
operations;
(h) 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
commissioner from each party state who shall be the governor
thereof. Pursuant to the laws of his party state, each governor
shall have the assistance of any 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 his
responsibilities as the commissioner of his state 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, he shall
designate an alternate, from among the members of the advisory
body required by this paragraph, who shall represent him and act
in his 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 vote each on the
commission. No action of the commission making a recommendation
pursuant to Articles IV(c), IV(g), and IV(h) of this compact, or
requesting, accepting, or disposing of funds, services, or other
property pursuant to this paragraph or Article V(g), V(h), or VII
of this compact, 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, is present. The commission
may establish and maintain such facilities as may be necessary
for the transacting 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 his 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 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 service, 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
paragraph or services borrowed pursuant to Paragraph (g) of this
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.
(i) 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.
(j) The commission annually shall make to the governor,
legislature, and advisory body required by Article V(a) 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
shall include private persons and public officials, and shall
cooperate with and use the 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
(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 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)
of this compact, 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 or more states. Thereafter, this compact shall become
effective as to any other state on 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 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
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.
Acts 1977, 65th Leg., p. 2633, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 132.003. ESTABLISHMENT AND DUTIES OF TEXAS MINING COUNCIL.
The Texas Mining Council is established in the office of the
governor and shall perform the duties of the advisory board
provided in Section (a), Article V of the Interstate Mining
Compact.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 132.004. MEMBERSHIP OF TEXAS MINING COUNCIL. (a) The
Texas Mining Council is composed of 11 members appointed by the
governor.
(b) Each member of the Texas Mining Council shall be a member of
the general public who has demonstrated a continuing interest in
conservation matters, the head of a state agency, board, or
commission, or a representative of the mining industry.
(c) Of the 11 members of the Texas Mining Council, at least
three shall be members of the general public who have
demonstrated an interest in conservation matters, at least three
shall be representatives of the mining industry, and at least two
shall be heads of state agencies, boards, or commissions.
(d) The service of members who are heads of state agencies,
boards, or commissions is in addition to their other duties.
(e) A person serving as a member of the Texas Mining Council who
is the head of a state agency, board, or commission ceases to be
a member of the council if he ceases to be head of a state
agency, board, or commission.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 132.0041. LIMITATIONS ON COUNCIL MEMBERSHIP. (a) A member
or employee of the council may not be an officer, employee, or
paid consultant of a trade association for an industry that is
engaged in any of the types of mining defined by Section (a),
Article II of the Interstate Mining Compact.
(b) A person is not eligible for appointment as a public member
of the council if the person or the person's spouse:
(1) is employed by or participates in the management of a
business entity or other organization related to the field of
mining as defined by Section (a), Article II of the Interstate
Mining Compact; or
(2) has, other than as a consumer, a financial interest in a
business entity related to the field of mining as defined by
Section (a), Article II of the Interstate Mining Compact.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, Sec. 1, eff.
Aug. 29, 1983.
Sec. 132.0042. REMOVAL OF COUNCIL MEMBERS. (a) It is a ground
for removal from the council if a member:
(1) does not have at the time of appointment the qualifications
required by Section 132.004 of this code for appointment to the
council;
(2) does not maintain during the service on the council the
qualifications required by Section 132.004 of this code for
appointment to the council; or
(3) violates a prohibition established by Section 132.0041 of
this code.
(b) The validity of an action of the council is not affected by
the fact that it was taken when a ground for removal of a member
of the council existed.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, Sec. 1, eff.
Aug. 29, 1983.
Sec. 132.005. TERMS OF OFFICE. Members of the Texas Mining
Council shall serve for terms of two years.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 132.0051. COUNCIL CHAIRMAN. The member of the council
selected as the governor's alternate under Section (a), Article V
of the Interstate Mining Compact serves as chairman of the
council.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, Sec. 1, eff.
Aug. 29, 1983.
Sec. 132.006. COMPENSATION AND TRAVEL EXPENSES. (a) The
members of the Texas Mining Council are not entitled to
compensation for their services.
(b) The members of the Texas Mining Council are entitled to
receive actual expenses incurred for attendance at council
meetings or attendance at meetings of the Interstate Mining
Commission as alternate for the governor.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 132.007. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. (a)
The Employees Retirement System of Texas may enter into
agreements with the Interstate Mining Commission for
participation in the retirement system and other benefit programs
for state employees administered by the agency or agencies.
(b) An agreement made under this section shall provide, as
nearly as possible, for rights, contributions, obligations, and
benefits comparable to those accorded employees of this state
participating in or benefiting from the program involved.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 132.008. FILING BYLAWS AND AMENDMENTS. A copy of the
bylaws and all amendments to the bylaws of the Interstate Mining
Commission promulgated under Section (i), Article V of the
Interstate Mining Compact shall be filed in the office of the
Secretary of State.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 132.0081. ANNUAL REPORT. On or before October 1 of each
year, the office of the Interstate Mining Compact Commissioner
for Texas shall prepare and file with the presiding officer of
each house of the legislature a complete and detailed written
report describing activities of the office relating to this
state's participation in the Interstate Mining Compact and
accounting for all funds received and disbursed by the office
during the preceding year. The report must be included as part of
the annual financial report of the governor's office.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, Sec. 1, eff.
Aug. 29, 1983.