HB 360: "An Act enacting the Interstate Mining Compact and relating to the compact; relating to the Interstate Mining Commission; and providing for an effective date."

00                             HOUSE BILL NO. 360                                                                          
01 "An Act enacting the Interstate Mining Compact and relating to the compact; relating                                    
02 to the Interstate Mining Commission; and providing for an effective date."                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 27 is amended by adding a new chapter to read:                                                    
05                   Chapter 08. Interstate Mining Compact.                                                              
06            Sec. 27.08.010. Compact enacted. The Interstate Mining Compact contained                                   
07       in this section is enacted into law and entered into as follows:                                                  
08                     INTERSTATE MINING COMPACT                                                                           
09                              ARTICLE I                                                                                  
10                        FINDINGS AND PURPOSE                                                                             
11            (a)  The party states find that                                                                              
12                 (1)  mining and the contributions thereof to the economy and well-                                      
13       being of every state are of basic significance;                                                                   
14                 (2)  the effects of mining on the availability of land, water, and other                                
01       resources for other uses present special problems which properly can be approached                                
02       only with due consideration for the rights and interests of those engaged in mining,                              
03       those using or proposing to use these resources for other purposes, and the public;                               
04                 (3)  measures for the reduction of the adverse effects of mining on land,                               
05       water, and other resources may be costly and the devising of means to deal with them                              
06       are of both public and private concern;                                                                           
07                 (4)  such variables as soil structure and composition, physiography,                                    
08       climatic conditions, and the needs of the public make impracticable the application to                            
09       all mining areas of a single standard for the conservation, adaptation, or restoration of                         
10       mined land, or the development of mineral and other natural resources, but justifiable                            
11       requirements of law and practice relating to the effects of mining on lands, water, and                           
12       other resources may be reduced in equity or effectiveness unless they pertain similarly                           
13       from state to state for all mining operations similarly situated;                                                 
14                 (5)  the states are in a position and have the responsibility to assure that                            
15       mining shall be conducted in accordance with sound conservation principles, and with                              
16       due regard for local conditions.                                                                                  
17            (b)  The purposes of this compact are to                                                                     
18                 (1)  advance the protection and restoration of land, water, and other                                   
19       resources affected by mining;                                                                                     
20                 (2)  assist in the reduction or elimination or counteracting of pollution                               
21       or deterioration of land, water, and air attributable to mining;                                                  
22                 (3)  encourage, with due recognition of relevant regional, physical, and                                
23       other differences, programs in each of the party states which will achieve comparable                             
24       results in protecting, conserving, and improving the usefulness of natural resources, to                          
25       the end that the most desirable conduct of mining and related operations may be                                   
26       universally facilitated;                                                                                          
27                 (4)  assist the party states in their efforts to facilitate the use of land and                         
28       other resources affected by mining, so that such use may be consistent with sound land                            
29       use, public health, and public safety, and to this end to study and recommend,                                    
30       wherever desirable, techniques for improvement, restoration or protection of such land                            
31       and other resources;                                                                                              
01                 (5)  assist in achieving and maintaining an efficient and productive                                    
02       mining industry and in increasing economic and other benefits attributable to mining.                             
03                             ARTICLE II                                                                                  
04                            DEFINITIONS                                                                                  
05            As used in this compact, the term                                                                            
06                 (1) "mining" means the breaking of the surface soil in order to facilitate                              
07       or accomplish the extraction or removal of minerals, ores, or other solid matter, any                             
08       activity or process constituting all or part of a process for the extraction or removal of                        
09       minerals, ores, and other solid matter from its original location, and the preparation,                           
10       washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to                           
11       make them suitable for commercial, industrial, or construction use, but shall not                                 
12       include those aspects of deep mining not having significant effect on the surface, and                            
13       shall not include excavation of grading when conducted solely in aid of on-site                                   
14       farming or construction;                                                                                          
15                 (2) "state" means a state of the United States, the District of Columbia,                               
16       the Commonwealth of Puerto Rico, or Territory or Possession of the United States.                                 
17                             ARTICLE III                                                                                 
18                          STATE PROGRAMS                                                                                 
19            Each party state agrees that within a reasonable time it will formulate and                                  
20       establish an effective program for the conservation and use of mined land, by the                                 
21       establishment of standards, enactment of laws, or the continuing of the same in force,                            
22       to accomplish                                                                                                     
23                 (1) the protection of the public and the protection of adjoining and                                    
24       other landowners from damage to their lands and the structures and other property                                 
25       thereon resulting from the conduct of mining operations or the abandonment or                                     
26       neglect of land and property formerly used in the conduct of such operations;                                     
27                 (2) the conduct of mining and the handling of refuse and other mining                                   
28       wastes in ways that will reduce adverse effects on the economic, residential,                                     
29       recreational, or aesthetic value and utility of land and water;                                                   
30                 (3) the institution and maintenance of suitable programs of adaptation,                                 
31       restoration, and rehabilitation of mined lands;                                                                   
01                 (4) the prevention, abatement, and control of water, air, and soil                                      
02       pollution resulting from mining - present, past, and future.                                                      
03                             ARTICLE IV                                                                                  
04                              POWERS                                                                                     
05            In addition to any other powers conferred upon the Interstate Mining                                         
06       Commission, established by Article V of this compact, such commission shall have                                  
07       the power to                                                                                                      
08                 (1) study mining operations, processes, and techniques for the purpose                                  
09       of gaining knowledge concerning the effects of such operations, processes, and                                    
10       techniques on land, soil, water, air, plant, and animal life, recreation, and patterns of                         
11       community or regional development or change;                                                                      
12                 (2) study the conservation, adaptation, improvement, and restoration of                                 
13       land and related resources affected by mining;                                                                    
14                 (3) make recommendations concerning any aspect or aspects of law or                                     
15       practice and governmental administration dealing with matters within the purview of                               
16       this compact;                                                                                                     
17                 (4) gather and disseminate information relating to any of the matters                                   
18       within the purview of this compact;                                                                               
19                 (5) cooperate with the federal government and any public or private                                     
20       entities having interests in any subject coming within the purview of this compact;                               
21                 (6) consult, upon the request of a party state and within available                                     
22       resources, with the officials of such state in respect to any problem within the purview                          
23       of this compact;                                                                                                  
24                 (7) study and make recommendations with respect to any practice,                                        
25       process, technique, or course of action that may improve the efficiency of mining or                              
26       the economic yield from mining operations;                                                                        
27                 (8) study and make recommendations relating to the safeguarding of                                      
28       access to resources which are or may become the subject of mining operations to the                               
29       end that the needs of the economy for the products of mining may not be adversely                                 
30       affected by unplanned or inappropriate use of land and other resources containing                                 
31       minerals or otherwise connected with actual or potential mining sites.                                            
01                             ARTICLE V                                                                                   
02                           THE COMMISSION                                                                                
03            (a) There is hereby created an agency of the party states to be known as the                                 
04       "Interstate Mining Commission", hereinafter called "the commission." The                                          
05       commission shall be composed of one commissioner from each party state who shall                                  
06       be the governor thereof. Pursuant to the laws of the party state, each governor may                               
07       have the assistance of an advisory body, including membership from mining                                         
08       industries, conservation interests, and such other public and private interests as may be                         
09       appropriate, in considering problems relating to mining and in discharging the                                    
10       responsibilities as a commissioner on the commission. In any instance where a                                     
11       governor is unable to attend a meeting of the commission or perform any other                                     
12       function in connection with the business of the commission, the governor shall                                    
13       designate an alternate who shall represent the governor and act in the governor's place                           
14       and stead. The designation of an alternate shall be communicated by the governor to                               
15       the commission in such manner as its bylaws may provide.                                                          
16            (b) The commissioners shall be entitled to one vote each on the commission.                                  
17       No action of the commission making a recommendation pursuant to Article IV-3,                                     
18       IV-7, and IV-8 or requesting, accepting, or disposing of funds, services, or other                                
19       property pursuant to this paragraph, Article V(g), V(h), or VII shall be valid unless                             
20       taken at a meeting at which a majority of the total number of votes on the commission                             
21       is cast in favor thereof. All other action shall be by a majority of those present and                            
22       voting; provided that action of the commission shall be only at a meeting at which a                              
23       majority of the commissioners, or their alternates, is present. The commission may                                
24       establish and maintain such facilities as may be necessary for the transaction of its                             
25       business. The commission may acquire, hold, and convey real and personal property                                 
26       and any interest therein.                                                                                         
27            (c) The commission shall have a seal.                                                                        
28            (d) The commission shall elect annually, from among its members, a chair, a                                  
29       vice-chair, and a treasurer. The commission shall appoint an executive director and fix                           
30       the executive director's duties and compensation. Such executive director shall serve at                          
31       the pleasure of the commission. The executive director, the treasurer, and such other                             
01       personnel as the commission shall designate shall be bonded. The amount or amounts                                
02       of such bond or bonds shall be determined by the commission.                                                      
03            (e) Irrespective of the civil service, personnel, or other merit system laws of                              
04       any of the party states, the executive director, with the approval of the commission,                             
05       shall appoint, remove, or discharge such personnel as may be necessary for the                                    
06       performance of the commission's functions, and shall fix the duties and compensation                              
07       of such personnel.                                                                                                
08            (f) The commission may establish and maintain independently or in                                            
09       conjunction with a party state, a suitable retirement system for its employees.                                   
10       Employees of the commission shall be eligible for social security coverage in respect                             
11       of old age and survivor's insurance provided that the commission takes such steps as                              
12       may be necessary pursuant to the laws of the United States, to participate in such                                
13       program of insurance as a governmental agency or unit. The commission may                                         
14       establish and maintain or participate in such additional programs of employee benefits                            
15       as it may deem appropriate.                                                                                       
16            (g) The commission may borrow, accept, or contract for the services of                                       
17       personnel from any state, the United States, or any other governmental agency, or                                 
18       from any person, firm, association, or corporation.                                                               
19            (h) The commission may accept for any of its purposes and functions under                                    
20       this compact any and all donations, and grants of money, equipment, supplies,                                     
21       materials, and services, conditional or otherwise, from any state, the United States, or                          
22       any other governmental agency, or from any person, firm, association, or corporation,                             
23       and may receive, utilize, and dispose of the same. Any donation or grant accepted by                              
24       the commission pursuant to this paragraph or services borrowed pursuant to paragraph                              
25       (g) of this Article shall be reported in the annual report of the commission. Such report                         
26       shall include the nature, amount, and conditions, if any, of the donation, grant, or                              
27       services borrowed and the identity of the donor or lender.                                                        
28            (i) The commission shall adopt bylaws for the conduct of its business and shall                              
29       have the power to amend and rescind these bylaws. The commission shall publish its                                
30       bylaws in convenient form and shall file a copy thereof and a copy of any amendment                               
31       thereto, with the appropriate agency or officer in each of the party states.                                      
01            (j) The commission annually shall make to the governor, legislature, and                                     
02       advisory body required by Article V(a) of each party state a report covering the                                  
03       activities of the commission for the preceding year, and embodying such                                           
04       recommendations as may have been made by the commission. The commission may                                       
05       make such additional reports as it may deem desirable.                                                            
06                             ARTICLE VI                                                                                  
07            ADVISORY, TECHNICAL, AND REGIONAL COMMITTEES                                                                 
08            The commission shall establish such advisory, technical, and regional                                        
09       committees as it may deem necessary, membership on which shall include private                                    
10       persons and public officials, and shall cooperate with the use and services of any such                           
11       committees and the organizations which the members represent in furthering any of its                             
12       activities. Such committees may be formed to consider problems of special interest to                             
13       any party states, problems dealing with particular commodities of types of mining                                 
14       operations, problems related to reclamation, development, or use of mined land, or any                            
15       other matters of concern to the commission.                                                                       
16                             ARTICLE VII                                                                                 
17                              FINANCE                                                                                    
18            (a) The commission shall submit to the governor or designated officer or                                     
19       officers of each party state a budget of its estimated expenditures for such period as                            
20       may be required by the laws of that party state for presentation to the legislature                               
21       thereof.                                                                                                          
22            (b) Each of the commission's budgets of estimated expenditures shall contain                                 
23       specific recommendations of the amount or amounts to be appropriated by each of the                               
24       party states. The total amount of appropriations requested under any such budget shall                            
25       be apportioned among the party states as follows: one-half in equal shares, and the                               
26       remainder in proportion to the value of minerals, ores, and other solid matter mined. In                          
27       determining such values, the commission shall employ such available public source or                              
28       sources of information as, in its judgment, present the most equitable and accurate                               
29       comparisons among the party states. Each of the commission's budgets of estimated                                 
30       expenditures and request for appropriations shall indicate the source or sources used in                          
31       obtaining information concerning value of minerals, ores, and other solid matter                                  
01       mined.                                                                                                            
02            (c) The commission shall not pledge the credit of any party state. The                                       
03       commission may meet any of its obligations in whole or in part with funds available to                            
04       it under Article V(h) of this compact provided that the commission takes specific                                 
05       action setting aside such funds prior to incurring any obligation to be met in whole or                           
06       in part in such manner. Except where the commission makes use of funds available to                               
07       it under Article V(h) thereof, the commission shall not incur any obligation prior to the                         
08       allotment of funds by the party states adequate to meet the same.                                                 
09            (d) The commission shall keep accurate accounts of all receipts and                                          
10       disbursements. The receipts and disbursements of the commission shall be subject to                               
11       the audit and accounting procedures established under its bylaws. All receipts and                                
12       disbursements of funds handled by the commission shall be audited yearly by a                                     
13       qualified public accountant and the report of the audit shall be included in and become                           
14       a part of the annual report of the commission.                                                                    
15            (e) The accounts of the commission shall be open at any reasonable time for                                  
16       inspection by duly constituted officers of the party states and by any persons                                    
17       authorized by the commission.                                                                                     
18            (f) Nothing contained herein shall be construed to prevent commission                                        
19       compliance with laws relating to audit or inspection of accounts by or on behalf of any                           
20       government contributing to the support of the commission.                                                         
21                             ARTICLE VIII                                                                                
22                  ENTRY INTO FORCE AND WITHDRAWAL                                                                        
23            (a) This compact shall enter into force when enacted into law by any four or                                 
24       more states. Thereafter, this compact shall become effective as to any other state upon                           
25       its enactment thereof.                                                                                            
26            (b) Any party state may withdraw from this compact by enacting a statute                                     
27       repealing the same, but no such withdrawal shall take effect until one year after the                             
28       governor of the withdrawing state has given notice in writing of the withdrawal to the                            
29       governors of all other party states. No withdrawal shall affect any liability already                             
30       incurred by or chargeable to a party state prior to the time of such withdrawal.                                  
31                             ARTICLE IX                                                                                  
01                        EFFECT ON OTHER LAWS                                                                             
02            Nothing in this compact shall be construed to limit, repeal, or supersede any                                
03       other law of any party state.                                                                                     
04                             ARTICLE X                                                                                   
05                   CONSTRUCTION AND SEVERABILITY                                                                         
06            This compact shall be liberally construed so as to effectuate the purposes                                   
07       thereof. The provisions of this compact shall be severable and if any phrase, clause,                             
08       sentence, or provision of this compact is declared to be contrary to the constitution of                          
09       any state or of the United States, or the applicability thereof to any government,                                
10       agency, person, or circumstance is held invalid, the validity of the remainder of this                            
11       compact and the applicability thereof to any government, agency, person, or                                       
12       circumstance shall not be affected thereby. If this compact shall be held contrary to the                         
13       constitution of any state participating herein, the compact shall remain in full force                            
14       and effect as to the remaining party states and in full force and effect as to the state                          
15       affected as to all severable matters.                                                                             
16            Sec. 27.08.020. Alternate. The governor may designate the commissioner of                                  
17       natural resources as the governor's alternate to the Interstate Mining Commission.                                
18            Sec. 27.08.030. Compact bylaws. In accordance with art. V(i) of the compact,                               
19       the Interstate Mining Commission shall file copies of its bylaws and any amendments                               
20       to the bylaws with the commissioner of natural resources.                                                         
21    * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).