N.Y. Environmental Conservation Law § 23-2722: Interstate mining compact

§ 23-2722. Interstate mining compact.

The "interstate mining compact" is hereby enacted into law and entered

into by this state with all other states legally joining therein in the

form substantially as follows:

THE INTERSTATE MINING COMPACT

ARTICLE I

POLICIES AND PURPOSES

There is created the "interstate mining compact".

1.1 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 concern.

(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, adaption, 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.

(e) 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.

1.2 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.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a

different construction:

2.1 "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 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.

2.2 "State" means a state of the United States, the District of

Columbia, and the commonwealth of Puerto Rico, or a territory or

possession of the United States.

ARTICLE III

THE COMMISSION

3.1 There is created the "interstate mining commission". The

commission consists of one voting member from each state. The governor

of each party state shall notify the commission in writing of the member

and any alternates. An alternate may act on behalf of the member only in

the member's absence. The method for selection and the expenses of each

commission member shall be the responsibility of the member's respective

state.

3.2 Each commission member is entitled to one vote. No action of the

commission is binding unless a majority of the total membership cast

their votes in the affirmative.

3.3 The commission shall elect annually from among its members a

chairperson. The commission shall adopt and publish, in convenient form,

by-laws, and policies which are not inconsistent with this compact,

including procedure in regard to notice, conduct and recording of

meetings; access by the public to records; provision of information to

the public; conduct of adjudicatory hearings; and issuance of decisions.

3.4 The commission shall meet at least once annually and shall also

meet upon the call of the chairperson or a commission member.

3.5 All meetings of the commission shall be open to the public with

reasonable advance notice. The commission may, by majority vote, close a

meeting to the public for the purpose of considering sensitive personnel

or legal strategy matters; however, all commission actions and decisions

shall be made in open meetings and appropriately recorded.

3.6 The commission may establish advisory committees for the purpose

of advising the commission on any matters pertaining to mining.

3.7 The office of the commission shall be in a party state. The

commission may appoint or contract for and compensate such limited staff

necessary to carry out its duties and functions. The staff shall serve

at the commission's pleasure with the exception that staff hired as the

result of securing federal funds shall be hired and governed under

applicable federal statutes and regulations. In selecting any staff, the

commission shall assure that the staff has adequate experience and

formal training to carry out the functions assigned to it by the

commission.

3.8 The commission shall:

(a) Receive and act on the petition of a non-party state to become an

eligible state.

(b) Submit an annual report to, and otherwise communicate with, the

governors and the appropriate officers of the legislative bodies of the

commission.

(c) Hear, negotiate, and, as necessary, resolve by final decision

disputes which may arise between the party states regarding this

compact.

ARTICLE IV

BUDGET

4.1 The commission shall submit to 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.

4.2 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.

4.3 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

by-laws. 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.

4.4 The commission may accept for any of its purposes and functions

and may utilize and dispose of any donations, grants of money,

equipment, supplies, materials and services from any state or the United

States (or any subdivision or agency thereof), or interstate agency, or

from any institution, person, firm or corporation. The nature, amount

and condition, if any, attendant upon any donation or grant accepted or

received by the commission, together with the identity of the donor,

grantor or lender, shall be detailed in the annual report of the

commission.

4.5 The commission is a legal entity separate and distinct from the

party states and is liable for its actions as a separate and distinct

legal entity. Liabilities of the commission are not liabilities of the

party state. Members of the commission are not personally liable for

actions taken by them in their official capacity.

(a) Nothing in this compact alters liability for any act, omission,

course of conduct or liability resulting from any casual or other

relationships.

(b) Any person aggrieved by a final decision of the commission may

obtain judicial review of such decision in any court of jurisdiction by

filing in such court a petition for review within sixty days after the

commission's final decision.

ARTICLE V

POWERS

5.1 In addition to any other powers conferred upon the interstate

mining commission, such commission shall have power to:

(a) Study mining operations, processes and techniques for the purpose

of gaining knowledge concerning the effects of such operation, 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, adaption, 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, upon the request of a party state and within resources

available therefor, with the officials of such state in respect to any

problems 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 VI

STATE PROGRAMS

6.1 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 lands 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 adaption,

restoration, and rehabilitation of mined lands.

(d) The prevention, abatement and control of water, air and soil

pollution resulting from mining, present, past and future.

ARTICLE VII

ENTRY INTO FORCE AND WITHDRAWAL

7.1 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 upon its enactment thereof.

7.2 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 withdrawing party state has given notice in

writing of the withdrawal to 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 VIII

EFFECT ON OTHER LAWS

8.1 Nothing within this compact shall be construed to limit, repeal or

supersede any other law of any party state.

ARTICLE IX

SEVERABILITY AND CONSTRUCTION

9.1 The provisions of this compact shall be severable and if any

phrase, clause, sentence or provision of this compact is declared by a

court of competent jurisdiction to be contrary to the constitution of

any participating 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 any provision of this compact shall be

held contrary to the constitution of any state participating therein,

the compact shall remain in full force and effect as to the state

affected as to all severable matters.

9.2 The governor shall appoint one member and one alternate member to

represent New York's interests on the interstate mining commission.