38-20 Interstate Mining Compact - North Dakota Statutes

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CHAPTER 38-20INTERSTATE MINING COMPACT38-20-01.Interstate mining compact.The interstate mining compact is herebyenacted into law and entered into with all other jurisdictions legally joining therein in the form
substantially as follows:Article I - Findings and Purposes1.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.Page No. 1Article II - DefinitionsAs 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 ProgramsEach party state agrees that it has or will establish effective programs to accomplish thepurposes of this compact.Article IV - PowersIn 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 concerninganyaspectsoflaworpracticeandgovernmental 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 Commission1.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 governorPage No. 2thereof.Pursuant to the laws of the party state, each governor may have theassistance 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 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 thecommission 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.Page No. 3Such 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 CommitteesThe commission shall establish such advisory, technical, and regional committees as itmay 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 - Finance1.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.Indetermining 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 ofestimated 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 itunder 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.Page No. 46.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 Withdrawal1.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 orchargeable to a party state prior to the time of such withdrawal.Article IX - Effect on Other LawsNothing in this compact shall be construed to limit, repeal, or supersede any other law ofany party state.Article X - Construction and SeverabilityThis compact shall be liberally construed so as to effectuate the purposes thereof. Theprovisions 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 ofarticle 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.Page No. 5Document Outlinechapter 38-20 interstate mining compact