CHAPTER 4. INTERSTATE MINING COMPACT
IC 14-35-4
Chapter 4. Interstate Mining Compact
IC 14-35-4-1
Form of compact
Sec. 1. The interstate mining compact is hereby enacted into lawand entered into with all other jurisdictions legally joining therein inthe form substantially as follows:
ARTICLE 1
Findings and Purposes
(a) The party states find that:
(1) Mining and the contributions thereof to the economy andwell-being of every State are of basic significance.
(2) The effects of mining on the availability of land, water, andother resources for other uses present special problems whichproperly can be approached only with due consideration for therights and interests of those engaged in mining, those using orproposing to use these resources for other purposes, and thepublic.
(3) Measures for the reduction of the adverse effects of miningon land, water, and other resources may be costly and thedevising of means to deal with them are of both public andprivate concern.
(4) Such variables as soil structure and composition,physiography, climatic conditions, and the needs of the publicmake impracticable the application to all mining areas of asingle standard for the conservation, adaptation, or restorationof mined land or the development of mineral and other naturalresources, but justifiable requirements of law and practicerelating to the effects of mining on land, water, and otherresources may be reduced in equity or effectiveness unless theypertain similarly from state to state for all mining operationsimilarly situated.
(5) The states are in a position and have the responsibility toassure that mining shall be conducted in accordance with soundconservation principles and with due regard for localconditions.
(b) The purposes of this compact are to:
(1) Advance the protection and restoration of land, water, andother resources affected by mining.
(2) Assist in the reduction or elimination or counteracting ofpollution or deterioration of land, water, and air attributable tomining.
(3) Encourage, with due recognition of relevant regional,physical, and other differences, programs in each of the partystates 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 relatedoperations may be universally facilitated.
(4) Assist the party states in their efforts to facilitate the use of
land and other resources affected by the mining, so that suchuse may be consistent with sound land use, public health, andpublic 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 andproductive mining industry and in increasing economic andother benefits attributable to mining.
ARTICLE 2
Definitions
As used in this compact:
(a) "Mining" means the breaking of the surface soil in order tofacilitate or accomplish the extraction or removal of minerals, ores,or other solid matter, any activity or process constituting all or partof a process for the extraction or removal of minerals, ores, and othersolid matter from its original location, and the preparation, washing,cleaning, or other treatment of minerals, ores, or other solid matterso as to make them suitable for commercial, industrial, orconstruction use; but shall not include those aspects of deep miningnot having significant effect on the surface, and shall not includeexcavation or grading when conducted solely in aid of on sitefarming or construction.
(b) "State" means a state, territory, or possession of the UnitedStates, the District of Columbia, or the Commonwealth of PuertoRico.
ARTICLE 3
State Programs
Each party state agrees that within a reasonable time it willformulate and establish an effective program for the conservation anduse of mined land by the establishment of standards, enactment oflaws, or the continuing of the same in force to accomplish:
(1) The protection of the public and the protection of adjoiningand other landowners from damage to their lands and thestructures and other property thereon resulting from the conductof mining operations or the abandonment or neglect of land andproperty formerly used in the conduct of such operations.
(2) The conduct of mining and the handling of refuse and othermining wastes in ways that will reduce adverse effects on theeconomic, residential, recreational, or aesthetic value and utilityof land and water.
(3) The institution and maintenance of suitable programs ofadaptation, restoration, and rehabilitation of mined lands.
(4) The prevention, abatement, and control of water, air, andsoil pollution resulting from mining, present, past, and future.
ARTICLE 4
Powers
In addition to any other powers conferred upon the InterstateMining Commission established by Article 5 of this compact, suchcommission shall have power to:
(1) Study mining operations, processes, and techniques for the
purpose of gaining knowledge concerning the effects of suchoperations, processes, and techniques on land, soil, water, air,plant and animal life, recreation, and patterns of community orregional development or change.
(2) Study the conservation, adaptation, improvement, andrestoration of land and related resources affected by mining.
(3) Make recommendations concerning any aspect or aspects oflaw or practice and governmental administration dealing withmatters within the purview of this compact.
(4) Gather and disseminate information relating to any of thematters within the purview of this compact.
(5) Cooperate with the federal government and any public orprivate entities having interest in any subject coming within thepurview of this compact.
(6) Consult, upon the request of a party state and withinresources available therefore, with the officials of such state inrespect to any problem within the purview of this compact.
(7) Study and make recommendations with respect to anypractice, process, technique, or course of action that mayimprove the efficiency of mining or the economic yield frommining operations.
(8) Study and make recommendations relating to thesafeguarding of access to resources which are or may becomethe subject of mining operations to the end that the needs of theeconomy for the products of mining may not be adverselyaffected by unplanned or inappropriate use of land and otherresources containing minerals or otherwise connected withactual or potential mining sites.
ARTICLE 5
The Commission
(a) There is hereby created an agency of the party states to beknown as the Interstate Mining Commission, hereinafter called "thecommission". The commission shall be composed of onecommissioner from each party state who shall be the governorthereof. Pursuant to the laws of Indiana the governor shall haveassistance of the natural resources commission in consideringproblems relating to mining and in discharging his responsibilities asthe commissioner of his state on the commission. In any instancewhere a governor is unable to attend a meeting of the commission orperform any other function in connection with the business of thecommission, he shall designate an alternate, from among themembers of the advisory body required by this paragraph, who shallrepresent him and act in his place and stead. The designation of analternate shall be communicated by the governor to the commissionin such manner as its bylaws may provide.
(b) The commissioners shall be entitled to one vote each on thecommission. No action of the commission making a recommendationpursuant to Article 4(3), 4(7), and 4(8) or requesting, accepting, ordisposing of funds, services, or other property pursuant to thisparagraph, Article 5(g), Article 5(h), or Article 7 shall be valid unless
taken at a meeting at which a majority of the total number of voteson the commission is cast in favor thereof. All other action shall beby a majority of those present and voting: provided that action of thecommission shall be only at a meeting at which a majority of thecommissioners, or their alternates, is present. The commission mayestablish and maintain such facilities as may be necessary for thetransacting of its business. The commission may acquire, hold, andconvey real and personal property and any interest therein.
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among itsmembers, a chairman, a vice chairman, and a treasurer. Thecommission shall appoint an executive director and fix his duties andcompensation. Such executive director, shall serve at the pleasure ofthe commission. The executive director, the treasurer, and such otherpersonnel as the commission shall designate shall be bonded. Theamount or amounts of such bond or bonds shall be determined by thecommission.
(e) Irrespective of the civil service, personnel, or other meritsystem laws of any of the party states, the executive director, withthe approval of the commission, shall appoint, remove, or dischargesuch personnel as may be necessary for the performance of thecommission's functions and shall fix the duties and compensation ofsuch personnel.
(f) The commission may establish and maintain independently orin conjunction with a party state a suitable retirement system for itsemployees. Employees of the commission shall be eligible for SocialSecurity coverage in respect to old age and survivor's insuranceprovided that the commission takes such steps as may be necessarypursuant to the laws of the United States to participate in suchprogram of insurance as a governmental agency or unit. Thecommission may establish and maintain or participate in suchadditional programs of employee benefits as it may deemappropriate.
(g) The commission may borrow, accept, or contract for theservices of personnel from any state, the United States, or any othergovernmental agency, or from any person, firm, association, limitedliability company, or corporation.
(h) The commission may accept for any of its purposes andfunctions under this compact any and all donations and grants ofmoney, equipment, supplies, materials, and service, conditional orotherwise, from any state, the United States, or any othergovernmental agency or from any person, firm, association, limitedliability company, or corporation and may receive, utilize, anddispose of the same. Any donation or grant accepted by thecommission pursuant to this paragraph or services borrowed pursuantto paragraph (g) of this Article shall be reported in the annual reportof the commission. Such report shall include the nature, amount, andconditions, if any, of the donation, grant, or services borrowed andthe 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 thesebylaws. The commission shall publish its bylaws in convenient formand 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 5(a) of each partystate a report covering the activities of the commission for thepreceding year and embodying such recommendations as may havebeen made by the commission. The commission may make suchadditional reports as it may deem desirable.
ARTICLE 6
Advisory, Technical, and Regional Committees
The commission shall establish such advisory, technical, andregional committees as it may deem necessary, membership on whichshall include private persons and public officials, and shall cooperatewith and use the services of any such committees and theorganizations which the members represent in furthering any of itsactivities. Such committees may be formed to consider problems ofspecial interest to any party states, problems dealing with particularcommodities or types of mining operations, problems related toreclamation, development, or use of mined land, or any other mattersof concern to the commission.
ARTICLE 7
Finance
(a) The commission shall submit to the governor or designatedofficer or officers of each party state a budget of its estimatedexpenditures for such period as may be required by the laws of thatparty state for presentation to the legislature thereof.
(b) Each of the commission's budgets of estimated expendituresshall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states. The total amount ofappropriations requested under any such budget shall be apportionedamong the party states as follows: one-half in equal shares, and theremainder in proportion to the value of minerals, ores, and othersolid matter mined. In determining such values, the commission shallemploy such available public source or sources of information as, inits judgement, present the most equitable and accurate comparisonsamong the party states. Each of the commission's budgets ofestimated expenditures and request for appropriations shall indicatethe source or sources used in obtaining information concerning valueof 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 partwith funds available to it under Article 5(h) of this compact;provided that the commission takes specific action setting aside suchfunds prior to incurring any obligation to be met in whole or in partin such manner. Except where the commission makes use of fundsavailable to it under Article 5(h) of this compact, the commissionshall not incur any obligation prior to the allotment of funds by theparty states adequate to meet the same. (d) The commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of thecommission shall be subject to the audit and accounting proceduresestablished under its bylaws. All receipts and disbursements of fundshandled by the commission shall be audited yearly by a qualifiedpublic accountant and the report of the audit shall be included in andbecome part of the annual report of the commission.
(e) The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers of theparty states and by any persons authorized by the commission.
(f) Nothing contained herein shall be construed to preventcommission compliance with laws relating to audit or inspection ofaccounts by or on behalf of any government contributing to thesupport of the commission.
ARTICLE 8
Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into law byany four or more states. Thereafter, this compact shall becomeeffective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enactinga statute repealing the same, but no such withdrawal shall take effectuntil one year after the governor of the withdrawing state has givennotice in writing of the withdrawal to the governors of all other partystates. No withdrawal shall affect any liability already incurred by orchargeable to a party state prior to the time of such withdrawal.
ARTICLE 9
Effect on Other Laws
Nothing in this compact shall be construed to limit, repeal, orsupersede any other law of any party state.
ARTICLE 10
Construction and Severability
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severableand if any phrase, clause, sentence, or provision of this compact isdeclared to be contrary to the constitution of any state or of theUnited 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 thiscompact shall be held contrary to the constitution of any stateparticipating herein, the compact shall remain in full force and effectas to the remaining party states and in full force and effect as to thestate affected as to all severable matters.
As added by P.L.1-1995, SEC.28.
IC 14-35-4-2
Natural resources commission as advisory body
Sec. 2. The natural resources commission is the advisory bodyreferred to in Article 5(a) of the Interstate Mining Compact.
As added by P.L.1-1995, SEC.28.
IC 14-35-4-3
Filing bylaws and amendments
Sec. 3. In accordance with Article 5(i) of the Interstate MiningCompact, the Interstate Mining Commission shall file copies of itsbylaws and amendments to the bylaws with the following:
(1) The office of the governor.
(2) The division of reclamation.
(3) The department of natural resources.
As added by P.L.1-1995, SEC.28.