{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-851","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-851","heading":"Text of Compact","body":"The Interstate Mining Compact is hereby entered into by this\n\nstate with any and all other states legally joining therein in\n\naccordance with its terms, in the form substantially as follows:\n\nARTICLE I. FINDING AND PURPOSES\n\n(a) The party states find that:\n\n1. Mining and the contributions thereof to the economy and\n\nwell-being of every state are of basic significance.\n\n2. The effects of mining on the availability of land, water and\n\nother resources for other uses present special problems which\n\nproperly can be approached only with due consideration for the\n\nrights and interests of those engaged in mining, those using or\n\nproposing to use these resources for other purposes, and the public.\n\n3. Measures for the reduction of the adverse effects of mining\n\non land, water and other resources may be costly and the devising of\n\nmeans to deal with them are of both public and private concern.\n\n4. Such variables as soil structure and composition,\n\nphysiography, climatic conditions, and the needs of the public make\n\nimpracticable the application to all mining areas of a single\n\nstandard for the conservation, adaptation, or restoration of mined\n\nland, or the development of mineral and other natural resources; but\n\njustifiable requirements of law and practice relating to the effects\n\nof mining on land, water, and other resources may be reduced in\n\nequity or effectiveness unless they pertain similarly from state to\n\nstate for all mining operations similarly situated.\n\n5. The states are in a position and have the responsibility to\n\nassure that mining shall be conducted in accordance with sound\n\nconservation principles, and with due regard for local conditions.\n\n(b) The purposes of this compact are to:\n\n1. Advance the protection and restoration of land, water and\n\nother resources affected by mining.\n\n2. Assist in the reduction or elimination or counteracting of\n\npollution or deterioration of land, water and air attributable to\n\nmining.\n\n3. Encourage, with due recognition of relevant regional,\n\nphysical, and other differences, programs in each of the party\n\nstates which will achieve comparable results in protecting,\n\nconserving, and improving the usefulness of natural resources, to\n\nthe end that the most desirable conduct of mining and related\n\noperations may be universally facilitated.\n\n4. Assist the party states in their efforts to facilitate the\n\nuse of land and other resources affected by mining, so that such use\n\nmay be consistent with sound land use, public health, and public\n\nsafety, and to this end to study and recommend, wherever desirable,\n\ntechniques for the improvement, restoration or protection of such\n\nland and other resources.\n\n5. Assist in achieving and maintaining an efficient and\n\nproductive mining industry and in increasing economic and other\n\nbenefits attributable to mining.\n\nARTICLE II. DEFINITIONS\n\nAs used in this compact, the term:\n\n(a) \"Mining\" means the breaking of the surface soil in order to\n\nfacilitate or accomplish the extraction or removal of minerals,\n\nores, or other solid matter; any activity or process constituting\n\nall or part of a process for the extraction or removal of minerals,\n\nores, and other solid matter from its original location; and the\n\npreparation, washing, cleaning or other treatment of minerals, ores\n\nor other solid matter so as to make them suitable for commercial,\n\nindustrial or construction use; but shall not include those aspects\n\nof deep mining not having significant effect on the surface, and\n\nshall not include excavation or grading when conducted solely in aid\n\nof on site farming or construction.\ninal location; and the\n\npreparation, washing, cleaning or other treatment of minerals, ores\n\nor other solid matter so as to make them suitable for commercial,\n\nindustrial or construction use; but shall not include those aspects\n\nof deep mining not having significant effect on the surface, and\n\nshall not include excavation or grading when conducted solely in aid\n\nof on site farming or construction.\n\n(b) \"State\" means a State of the United States, the District of\n\nColumbia, the Commonwealth of Puerto Rico or a Territory or\n\nPossession of the United States.\n\nARTICLE III. STATE PROGRAMS\n\nEach party state agrees that within a reasonable time it will\n\nformulate and establish an effective program for the conservation\n\nand use of mined land, by the establishment of standards, enactment\n\nof laws or the continuing of the same in force, to accomplish:\n\n1. The protection of the public and the protection of adjoining\n\nand other landowners from damage to their lands and the structures\n\nand other property thereon resulting from the conduct of mining\n\noperations or the abandonment or neglect of land and property\n\nformerly used in the conduct of such operations.\n\n2. The conduct of mining and the handling of refuse and other\n\nmining wastes in ways that will reduce adverse effects on the\n\neconomic, residential, recreational or aesthetic value and utility\n\nof land and water.\n\n3. The institution and maintenance of suitable programs for\n\nadaptation, restoration and rehabilitation of mined lands.\n\n4. The prevention, abatement and control of water, air and soil\n\npollution resulting from mining, present, past and future.\n\nARTICLE IV. POWERS\n\nIn addition to any other powers conferred upon the Interstate\n\nMining Commission, established by Article V of this compact, such\n\nCommission shall have power to:\n\n1. Study mining operations, processes and techniques for the\n\npurpose of gaining knowledge concerning the effects of such\n\noperations, processes and techniques on land, soil, water, air,\n\nplant and animal life, recreation and patterns of community or\n\nregional development or change.\n\n2. Study the conservation, adaptation, improvement and\n\nrestoration of land and related resources affected by mining.\n\n3. Make recommendations concerning any aspect or aspects of law\n\nor practice and governmental administration dealing with matters\n\nwithin the purview of this compact.\n\n4. Gather and disseminate information relating to any of the\n\nmatters within the purview of this compact.\n\n5. Cooperate with the federal government and any public or\n\nprivate entities having interests in any subject coming within the\n\npurview of this compact.\n\n6. Consult, upon the request of a party state and within\n\nresources available therefor, with the officials of such state in\n\nrespect to any problem within the purview of this compact.\n\n7. Study and make recommendations with respect to any practice,\n\nprocess, technique, or course of action that may improve the\n\nefficiency of mining or the economic yield from mining operations.\n\n8. Study and make recommendations relating to the safeguarding\n\nof access to resources which are or may become the subject of mining\n\noperations to the end that the needs of the economy for the products\n\nof mining may not be adversely affected by unplanned or\n\ninappropriate use of land and other resources containing minerals or\n\notherwise connected with actual or potential mining sites.\n\nARTICLE V. THE COMMISSION\ne recommendations relating to the safeguarding\n\nof access to resources which are or may become the subject of mining\n\noperations to the end that the needs of the economy for the products\n\nof mining may not be adversely affected by unplanned or\n\ninappropriate use of land and other resources containing minerals or\n\notherwise connected with actual or potential mining sites.\n\nARTICLE V. THE COMMISSION\n\n(a) There is hereby created an agency of the party states to be\n\nknown as the \"Interstate Mining Commission\", hereinafter called \"the\n\nCommission\". The Commission shall be composed of one commissioner\n\nfrom each party state who shall be the Governor thereof. Pursuant\n\nto the laws of his party state, each Governor shall have the\n\nassistance of an advisory body (including membership from mining\n\nindustries, conservation interests and such other public and private\n\ninterests as may be appropriate) in considering problems relating to\n\nmining and in discharging his responsibilities as the commissioner\n\nof his state on the Commission. In any instance where a Governor is\n\nunable to attend a meeting of the Commission or perform any other\n\nfunction in connection with the business of the Commission, he shall\n\ndesignate an alternate, from among the members of the advisory body\n\nrequired by this paragraph, who shall represent him and act in his\n\nplace and stead. The designation of an alternate shall be\n\ncommunicated by the Governor to the Commission in such manner as its\n\nbylaws may provide.\n\n(b) The commissioners shall be entitled to one vote each on the\n\nCommission. No action of the Commission making a recommendation\n\npursuant to Articles IV-3, IV-7 and IV-8 or requesting, accepting or\n\ndisposing of funds, services or other property pursuant to this\n\nparagraph, Articles V(g), V(h), or VII shall be valid unless taken\n\nat a meeting at which a majority of the total number of votes on the\n\nCommission is cast in favor thereof. All other action shall be by a\n\nmajority of those present and voting: provided that action of the\n\nCommission shall be only at a meeting at which a majority of the\n\ncommissioners, or their alternates, is present. The Commission may\n\nestablish and maintain such facilities as may be necessary for the\n\ntransacting of its business. The Commission may acquire, hold and\n\nconvey real and personal property and any interest therein.\n\n(c) The Commission shall have a seal.\n\n(d) The Commission shall elect annually, from among its members,\n\na Chairman, a Vice Chairman and a Treasurer. The Commission shall\n\nappoint an Executive Director and fix his duties and compensation.\n\nSuch Executive Director shall serve at the pleasure of the\n\nCommission. The Executive Director, the Treasurer and such other\n\npersonnel as the Commission shall designate shall be bonded. The\n\namount or amounts of such bond or bonds shall be determined by the\n\nCommission.\n\n(e) Irrespective of the civil service, personnel or other merit\n\nsystem laws of any of the party states, the Executive Director with\n\nthe approval of the Commission, shall appoint, remove or discharge\n\nsuch personnel as may be necessary for the performance of the\n\nCommission's functions, and shall fix the duties and compensation of\n\nsuch personnel.\n\n(f) The Commission may establish and maintain independently or\n\nin conjunction with a party state, a suitable retirement system for\n\nits employees. Employees of the Commission shall be eligible for\n\nsocial security coverage in respect of old-age and survivor's\n\ninsurance provided that the Commission takes such steps as may be\n\nnecessary pursuant to the laws of the United States, to participate\n\nin such program of insurance as a governmental agency or unit. The\n\nCommission may establish and maintain or participate in such\n\nadditional programs of employee benefits as it may deem appropriate.\nr\n\nsocial security coverage in respect of old-age and survivor's\n\ninsurance provided that the Commission takes such steps as may be\n\nnecessary pursuant to the laws of the United States, to participate\n\nin such program of insurance as a governmental agency or unit. The\n\nCommission may establish and maintain or participate in such\n\nadditional programs of employee benefits as it may deem appropriate.\n\n(g) The Commission may borrow, accept or contract for the\n\nservices of personnel from any state, the United States or any other\n\ngovernmental agency, or from any person, firm, association or\n\ncorporation.\n\n(h) The Commission may accept for any of its purposes and\n\nfunctions under this compact any and all donations, and grants of\n\nmoney, equipment, supplies, materials and services, conditional or\n\notherwise, from any state, the United States, or any other\n\ngovernmental agency, or from any person, firm, association or\n\ncorporation, and may receive, utilize and dispose of the same. Any\n\ndonation or grant accepted by the Commission pursuant to this\n\nparagraph or services borrowed pursuant to paragraph (g) of this\n\narticle shall be reported in the annual report of the Commission.\n\nSuch report shall include the nature, amount and conditions, if any,\n\nof the donation, grant or services borrowed and the identity of the\n\ndonor or lender.\n\n(i) The Commission shall adopt bylaws for the conduct of its\n\nbusiness and shall have the power to amend and rescind these bylaws.\n\nThe Commission shall publish its bylaws in convenient form and shall\n\nfile a copy thereof and a copy of any amendment thereto, with the\n\nappropriate agency or officer in each of the party states.\n\n(j) The Commission annually shall make to the Governor,\n\nLegislature and advisory body required by Article V(a) of each party\n\nstate a report covering the activities of the Commission for the\n\npreceding year, and embodying such recommendations as may have been\n\nmade by the Commission. The Commission may make such additional\n\nreports as it may deem desirable.\n\nARTICLE VI. ADVISORY, TECHNICAL AND\n\nREGIONAL COMMITTEES\n\nThe Commission shall establish such advisory, technical and\n\nregional committees as it may deem necessary, membership on which\n\nshall include private persons and public officials and shall\n\ncooperate with and use the services of any such committees and the\n\norganizations which the members represent in furthering any of its\n\nactivities. Such committees may be formed to consider problems of\n\nspecial interest to any party states, problems dealing with\n\nparticular commodities or types of mining operations, problems\n\nrelated to reclamation, development, or use of mined land, or any\n\nother matters of concern to the Commission.\n\nARTICLE VII. FINANCE\n\n(a) The Commission shall submit to the Governor or designated\n\nofficer or officers of each party state a budget of its estimated\n\nexpenditures for such period as may be required by the laws of that\n\nparty state for presentation to the legislature thereof.\n\n(b) Each of the Commission's budgets of estimated expenditures\n\nshall contain specific recommendations of the amount or amounts to\n\nbe appropriated by each of the party states. The total amount of\n\nappropriations requested under any such budget shall be apportioned\n\namong the party states as follows: one-half in equal shares; and the\n\nremainder in proportion to the value of minerals, ores, and other\n\nsolid matter mined. In determining such values, the Commission\n\nshall employ such available public source or sources of information\n\nas, in its judgment, present the most equitable and accurate\n\ncomparisons among the party states. Each of the Commission's\n\nbudgets of estimated expenditures and requests for appropriations\n\nshall indicate the source or sources used in obtaining information\n\nconcerning value of minerals, ores, and other solid matter mined.\nssion\n\nshall employ such available public source or sources of information\n\nas, in its judgment, present the most equitable and accurate\n\ncomparisons among the party states. Each of the Commission's\n\nbudgets of estimated expenditures and requests for appropriations\n\nshall indicate the source or sources used in obtaining information\n\nconcerning value of minerals, ores, and other solid matter mined.\n\n(c) The Commission shall not pledge the credit of any party\n\nstate. The Commission may meet any of its obligations in whole or\n\nin part with funds available to it under Article V(h) of this\n\ncompact: provided that the Commission takes specific action setting\n\naside such funds prior to incurring any obligation to be met in\n\nwhole or in part in such manner. Except where the Commission makes\n\nuse of funds available to it under Article V(h) hereof, the\n\nCommission shall not incur any obligation prior to the allotment of\n\nfunds by the party states adequate to meet the same.\n\n(d) The Commission shall keep accurate accounts of all receipts\n\nand disbursements. The receipts and disbursements of the Commission\n\nshall be subject to the audit and accounting procedures established\n\nunder its bylaws. All receipts and disbursements of funds handled\n\nby the Commission shall be audited yearly by a qualified public\n\naccountant and the report of the audit shall be included in and\n\nbecome part of the annual report of the Commission.\n\n(e) The accounts of the Commission shall be open at any\n\nreasonable time for inspection by duly constituted officers of the\n\nparty states and by any persons authorized by the Commission.\n\n(f) Nothing contained herein shall be construed to prevent\n\nCommission compliance with laws relating to audit or inspection of\n\naccounts by or on behalf of any government contributing to the\n\nsupport of the Commission.\n\nARTICLE VIII. ENTRY INTO FORCE\n\nAND WITHDRAWAL\n\n(a) This compact shall enter into force when enacted into law by\n\nany four or more states. Thereafter, this compact shall become\n\neffective as to any other state upon its enactment thereof.\n\n(b) Any party state may withdraw from this compact by enacting a\n\nstatute repealing the same, but no such withdrawal shall take effect\n\nuntil one (1) year after the Governor of the withdrawing state has\n\ngiven notice in writing of the withdrawal to the governors of all\n\nother party states. No withdrawal shall affect any liability\n\nalready incurred by or chargeable to a party state prior to the time\n\nof such withdrawal.\n\nARTICLE IX. EFFECT ON OTHER LAWS\n\nNothing in this compact shall be construed to limit, repeal or\n\nsupersede any other law of any party state.\n\nARTICLE X. CONSTRUCTION AND SEVERABILITY\n\nThis Compact shall be liberally construed so as to effectuate\n\nthe purposes thereof. The provisions of this Compact shall be\n\nseverable and if any phrase, clause, sentence or provision of this\n\nCompact is declared to be contrary to the constitution of any state\n\nor of the United States or the applicability thereof to any\n\ngovernment, agency, person or circumstance is held invalid, the\n\nvalidity of the remainder of this Compact and the applicability\n\nthereof to any government, agency, person or circumstance shall not\n\nbe affected thereby. If this Compact shall be held contrary to the\n\nconstitution of any state participating herein, the compact shall\n\nremain in full force and effect as to the remaining party states and\n\nin full force and effect as to the state affected as to all\n\nseverable matters.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b706ba77db6d8b8a064c38c35115d6039fb1701a59af12e4ecbba569f9c337fb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-8","next":"us-ok/okla.-stat.-tit.-45-45-852"},"notice":"GroundRules: Original legal text. Not legal advice."}