{"data":{"id":"us-ky/krs-350.300","jurisdiction":"us-ky","citation":"KRS 350.300","heading":"Interstate Mining Compact enacted.","body":"The Interstate Mining Compact is hereby enacted into law and entered into with all other\njurisdictions legally joining therein in the form substantially as follows:\nARTICLE I\nFindings and Purposes\n(a) The party States find that:\n1. Mining and the contributions thereof to the economy and well -being of every\nState are of basic significance.\n2. The effects of mining on the availability of land, water and other resources for\nother uses present special problems which properly can be approached only with due\nconsideration for the rights and interests of those engaged in mining, those using or\nproposing to use these resources for other purposes, and the public.\n3. Measures for the reduction of the adverse effects of mining on land, water and\nother resources may be costly and the devising of means to deal with them are of both\npublic and private concern.\n4. Such variables as soil structure and composition, ph ysiography, climatic\nconditions, and the needs of the public make impracticable the application to all mining\nareas of a single standard for the conservation, adaptation, or restoration of mined land, or\nthe development of mineral and other natural resourc es; but justifiable requirements of\nlaw and practice relating to the effects of mining on land, water, and other resources may\nbe reduced in equity or effectiveness unless they pertain similarly from state to state for\nall mining operations similarly situated.\n5. The States are in a position and have the responsibility to assure that mining\nshall be conducted in accordance with sound conservation principles, and with due regard\nfor local conditions.\n(b) The purposes of this compact are to:\n1. Advance the  protection and restoration of land, water and other resources\naffected by mining.\n2. Assist in the reduction or elimination or counteracting of pollution or\ndeterioration of land, water and air attributable to mining.\n3. Encourage, with due recognition of relevant regional, physical, and other\ndifferences, programs in each of the party States which will achieve comparable results in\nprotecting, conserving, and improving the usefulness of natural resources, to the end that\nthe most desirable conduct of mi ning and related operations may be universally\nfacilitated.\n4. Assist the party States in their efforts to facilitate the use of land and other\nresources affected by mining, so that such use may be consistent with sound land use,\npublic health, and public  safety, and to this end to study and recommend, wherever\ndesirable, techniques for the improvement, restoration or protection of such land and\nother resources.\n5. Assist in achieving and maintaining an efficient and productive mining\nindustry and in increasing economic and other benefits attributable to mining.\nARTICLE II\nDefinitions\nAs used in this compact, the term:\n(a) \"Mining\" means the breaking of the surface soil in order to facilitate or\naccomplish the extraction or removal of minerals, ores, or other solid matter; any activity\nor process con stituting all or part of a process for the extraction or removal of minerals,\nores, and other solid matter from its original location; and the preparation, washing,\ncleaning, or other treatment of minerals, ores, or other solid matter so as to make them\nsuitable for commercial, industrial, or construction use; but shall not include those\naspects of deep mining not having significant effect on the surface, and shall not include\nexcavation or grading when conducted solely in aid of farming or construction pur suant\nto KRS 350.245.\n(b) \"State\" means a State of the United States, the District of Columbia, the\nCommonwealth of Puerto Rico, or a Territory or Possession of the United States.\nARTICLE III\nState Programs\nEach party State agrees that within a reasonable time it will formulate and establish\nan effective program for the conservation and use of mined land, by the establishment of\nstandards, enactment of laws, or the continuing of the same in force, to accomplish:\n1. The protection of the public and the protection of adjoining and other\nlandowners from damage to their lands and the structures and other property thereon\nresulting from the conduct of mining operations or the abandonment or neglect of land\nand property formerly used in the conduct of such operations.\n2. The conduct of mining and the handling of refuse and other mining wastes in\nways that will reduce adverse effects on the economic, residential, recreational or\naesthetic value and utility of land and water.\n3. The institution and maintenance of suitable programs for adaptation,\nrestoration, and rehabilitation of mined lands.\n4. The prevention, abatement and control of water, air and  soil pollution\nresulting from mining, present, past and future.\nARTICLE IV\nPowers\nIn addition to any other powers conferred upon the Interst ate Mining Commission,\nestablished by Article V of this compact, such Commission shall have power to:\n1. Study mining operations, processes and techniques for the purpose of gaining\nknowledge concerning the effects of such operations, processes and techni ques on land,\nsoil, water, air, plant and animal life, recreation, and patterns of community or regional\ndevelopment or change.\n2. Study the conservation, adaptation, improvement and restoration of land and\nrelated resources affected by mining.\n3. Make recommendations concerning any aspect or aspects of law or practice\nand governmental administration dealing with matters within the purview of this\ncompact.\n4. Gather and disseminate information relating to any of the matters within the\npurview of this compact.\n5. Cooperate with the federal government and any public or private entities\nhaving interests in any subject coming within the purview of this compact.\n6. Consult, upon the request of a party State and within resources available\ntherefor, with the o fficials of such State in respect to any problem within the purview of\nthis compact.\n7. Study and make recommendations with respect to any practice, process,\ntechnique, or course of action that may improve the efficiency of mining or the economic\nyield from mining operations.\n8. Study and make recommendations relating to the safeguarding of access to\nresources which are or may become the subject of mining operations to the end that the\nneeds of the economy for the products of mining may not be adversely a ffected by\nunplanned or inappropriate use of land and other resources containing minerals or\notherwise connected with actual or potential mining sites.\nARTICLE V\nThe Commission\n(a) There is hereby created an agency of the party States to be known as the\n\"Interstate Mining Commission,\" hereinafter called \"the Commission.\" The Commission\nshall be composed of one commissioner from each party State who shall be the Governor\nthereof. Pursuant to the laws of his party State, each Governor shall have the assistance of\nan advisory body (including membership from mining industries, conservation interests,\nand such other public and private interests as may  be appropriate) in considering\nproblems relating to mining and in discharging his responsibilities as the commissioner of\nhis State on the Commission. In any instance where a Governor is unable to attend a\nmeeting of the Commission or perform any other function in connection with the business\nof the Commission, he shall designate an alternate, from among the members of the\nadvisory body required by this paragraph, who shall represent him and act in his place and\nstead. The designation of an alternate shall  be communicated by the Governor to the\nCommission in such manner as its bylaws may provide.\n(b) The commissioners shall be entitled to one vote each on the Commission. No\naction of the Commission making a recommendation pursuant to Article IV -3, IV-7, and\nIV-8 or requesting, accepting or disposing of funds, services, or other property pursuant\nto this paragraph, Articles V(g), V(h), or VII shall be valid unless taken at a meeting at\nwhich a majority of the total number of votes on the Commission is cast i n favor thereof.\nAll other action shall be by a majority of those present and voting: provided that action of\nthe Commission shall be only at a meeting at which a majority of the commissioners, or\ntheir alternates, is present. The Commission may establish and maintain such facilities as\nmay be necessary for the transacting of its business. The Commission may acquire, hold,\nand convey real and personal property and any interest therein.\n(c) The Commission shall have a seal.\n(d) The Commission shall elect annually, from among its members, a chairman, a\nvice chairman, and a treasurer. The Commission shall appoint an Executive Director and\nfix his duties and compensation. Such Executive Director shall serve at the pleasure of\nthe Commission. The Executive Director, the Treasurer, and such other personnel as the\nCommission shall designate shall be bonded. The amount or amounts of such bond or\nbonds shall be determined by the Commission.\n(e) Irrespective of the civil service, personnel or other merit system laws of any of\nthe party States, the Executive Director with the approval of the Commission, shall\nappoint, remove or discharge such personnel as may be necessary for the performance of\nthe Commission's functions, and shall fix the duties and compensation of such personnel.\n(f) The Commission may establish and maintain independently or in conjunction\nwith a party State, a suitable retirement system for its employees. Employees of the\nCommission shall be eligible for social security coverage in respect of old age and\nsurvivor's insurance provided that the Commission takes such steps as may be necessary\npursuant to the laws of the United States, to participate in such program of insurance as a\ngovernmental agency or unit. The Commissio n may establish and maintain or participate\nin such additional programs of employee benefits as it may deem appropriate.\n(g) The Commission may borrow, accept or contract for the services of personnel\nfrom any State, the United States, or any other govern mental agency, or from any person,\nfirm, association or corporation.\n(h) The Commission may accept for any of its purposes and functions under this\ncompact any and all donations, and grants of money, equipment, supplies, materials and\nservices, conditiona l or otherwise, from any State, the United States, or any other\ngovernmental agency, or from any person, firm, association or corporation, and may\nreceive, utilize and dispose of the same. Any donation or grant accepted by the\nCommission pursuant to this paragraph or services borrowed pursuant to paragraph (g) of\nthis Article shall be reported in the annual report of the Commission. Such report shall\ninclude the nature, amount and conditions, if any, of the donation, grant or services\nborrowed and the identity of the donor or lender.\n(i) The Commission shall adopt bylaws for the conduct of its business and shall\nhave the power to amend and rescind these bylaws. The Commission shall publish its\nbylaws in convenient form and shall file a copy thereof and a co py of any amendment\nthereto, with the appropriate agency or officer in each of the party States.\n(j) The Commission annually shall make to the Governor, legislature and\nadvisory body required by Article V(a) of each party State a report covering the activ ities\nof the Commission for the preceding year, and embodying such recommendations as may\nhave been made by the Commission. The Commission may make such additional reports\nas it may deem desirable.\nARTICLE VI\nAdvisory, Technical, and Regional Committees\nThe Commission shall establish such advisory, technical, and regional committees\nas it may deem necessary, membership on which shall include private persons and public\nofficials, and shall cooperate with and use the services of any such committees and the\norganizations which the members represent in furthering any of its activities. Such\ncommittees may be formed to consider problems of special interest to any party Stat es,\nproblems dealing with particular commodities or types of mining operations, problems\nrelated to reclamation, development, or use of mine land, or any other matters of concern\nto the Commission.\nARTICLE VII\nFinance\n(a) The Commission shall submit to the Governor or designated officer or officers\nof each party State a budget of its estimated expenditures for such period as may be\nrequired by the laws of that party State for presentation to the legislature thereof.\n(b) Each of the Commission's budgets of estimated expenditures shall contain\nspecific recommendations of the amount or amounts to be appropriated by each of the\nparty States. The total amount of appropriations requested under any such budget shall be\napportioned among the party States as follows: one -half in equal shares; and the\nremainder in proportion to the value of minerals, ores, and other solid matter mined. In\ndetermining such v alues, the Commission shall employ such available public source or\nsources of information as, in its judgment, present the most equitable and accurate\ncomparisons among the party States. Each of the Commission's budgets of estimated\nexpenditures and reques ts for appropriations shall indicate the source or sources used in\nobtaining information concerning value of minerals, ores, and other solid matter mined.\n(c) The Commission shall not pledge the credit of any party State. The\nCommission may meet any of its obligations in whole or in part with funds available to it\nunder Article V(h) of this compact: provided that the Commission takes specific action\nsetting aside such funds prior to incurring any obligation to be met in whole or in part in\nsuch manner. Exc ept where the Commission makes use of funds available to it under\nArticle V(h) hereof, the Commission shall not incur any obligation prior to the allotment\nof funds by the party States adequate to meet the same.\n(d) The Commission shall keep accurate acco unts of all receipts and\ndisbursements. The receipts and disbursements of the Commission shall be subject to the\naudit and accounting procedures established under its bylaws. All receipts and\ndisbursements of funds handled by the Commission shall be audite d yearly by a qualified\npublic accountant and the report of the audit shall be included in and become part of the\nannual report of the Commission.\n(e) The accounts of the Commission shall be open at any reasonable time for\ninspection by duly constituted o fficers of the party States and by any persons authorized\nby the Commission.\n(f) Nothing contained herein shall be construed to prevent Commission\ncompliance with laws relating to audit or inspection of accounts by or on behalf of any\ngovernment contributing to the support of the Commission.\nARTICLE VIII\nEntry into Force and Withdrawal\n(a) This compact shall enter into force when enacted into law by any four or more\nStates. Thereafter, this compact shall become effective as to any other State upon its\nenactment thereof.\n(b) Any party State may withdraw from this compact by enacting a statute\nrepealing the same, but no such withdrawal shall take effect unti l one year after the\nGovernor of the withdrawing State has given notice in writing of the withdrawal to the\nGovernors of all other party States. No withdrawal shall affect any liability already\nincurred by or chargeable to a party State prior to the time of such withdrawal.\nARTICLE IX\nEffect on Other Laws\nNothing in this compact shall be construed to limit, repeal or supersede any other\nlaw of any party State.\nARTICLE X\nConstruction and Severability\nThis compact shall be liberally construed so as to effectuate the purposes thereof.\nThe provisions of th is compact shall be severable and if any phrase, clause, sentence or\nprovision of this compact is declared to be contrary to the constitution of any State or of\nthe United States or the applicability thereof to any government, agency, person or\ncircumstance is held invalid, the validity of the remainder of this compact and the\napplicability thereof to any government, agency, person or circumstance shall not be\naffected thereby. If this compact shall be held contrary to the constitution of any State\nparticipating herein, the compact shall remain in full force and effect as to the remaining\nparty States and in full force and effect as to the State affected as to all severable matters.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47729","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"4dd7ba217ae03c93e95855e0ea63309903c655e785bcdbc76e0e4bc6aed31870","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.285","next":"us-ky/krs-350.310"},"notice":"GroundRules: Original legal text. Not legal advice."}