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).