KRS § 350.300 — KY Code / Title XXVIII / Chapter 350 / Section 350.300
350.300 Interstate Mining Compact enacted
Status: in_force

350.300 Interstate Mining Compact enacted.

The Interstate Mining Compact is hereby enacted into law and entered into with all other

jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I

Findings and Purposes

(a) The party States find that:

1. Mining and the contributions thereof to the economy and well-being of every

State are of basic significance.

2. 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.

3. 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.

4. 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, adaptation, 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.

5. 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.

(b) The purposes of this compact are to:

1. Advance the protection and restoration of land, water and other resources

affected by mining.

2. Assist in the reduction or elimination or counteracting of pollution or

deterioration of land, water and air attributable to mining.

3. 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.

4. 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.

5. 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, the term:

(a) "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 farming or construction pursuant

to KRS 350.245.

(b) "State" means a State of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, or a Territory or Possession of the United States.

ARTICLE III

State Programs

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:

1. 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.

2. 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.

3. The institution and maintenance of suitable programs for adaptation,

restoration, and rehabilitation of mined lands.

4. The prevention, abatement and control of water, air and soil pollution

resulting from mining, present, past and future.

ARTICLE IV

Powers

In addition to any other powers conferred upon the Interstate Mining Commission,

established by Article V of this compact, such Commission shall have power to:

1. Study mining operations, processes and techniques for the purpose of gaining

knowledge concerning the effects of such operations, processes and techniques on land,

soil, water, air, plant and animal life, recreation, and patterns of community or regional

development or change.

2. Study the conservation, adaptation, improvement and restoration of land and

related resources affected by mining.

3. Make recommendations concerning any aspect or aspects of law or practice

and governmental administration dealing with matters within the purview of this

compact.

4. Gather and disseminate information relating to any of the matters within the

purview of this compact.

5. Cooperate with the federal government and any public or private entities

having interests in any subject coming within the purview of this compact.

6. Consult, upon the request of a party State and within resources available

therefor, with the officials of such State in respect to any problem within the purview of

this compact.

7. Study and make recommendations with respect to any practice, process,

technique, or course of action that may improve the efficiency of mining or the economic

yield from mining operations.

8. 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 V

The Commission

(a) There is hereby created an agency of the party States to be known as the

"Interstate Mining Commission," hereinafter called "the Commission." The Commission

shall be composed of one commissioner from each party State who shall be the Governor

thereof. Pursuant to the laws of his party State, each Governor shall have the assistance of

an advisory body (including membership from mining industries, conservation interests,

and such other public and private interests as may be appropriate) in considering

problems relating to mining and in discharging his responsibilities as the commissioner of

his State on the Commission. In any instance where a Governor is unable to attend a

meeting of the Commission or perform any other function in connection with the business

of the Commission, he shall designate an alternate, from among the members of the

advisory body required by this paragraph, who shall represent him and act in his place and

stead. The designation of an alternate shall be communicated by the Governor to the

Commission in such manner as its bylaws may provide.

(b) The commissioners shall be entitled to one vote each on the Commission. No

action of the Commission making a recommendation pursuant to Article IV-3, IV-7, and

IV-8 or requesting, accepting or disposing of funds, services, or other property pursuant

to this paragraph, Articles V(g), V(h), or VII shall be valid unless taken at a meeting at

which a majority of the total number of votes on the Commission is cast in favor thereof.

All other action shall be by a majority of those present and voting: provided that action of

the Commission shall be only at a meeting at which a majority of the commissioners, or

their alternates, is present. The Commission may establish and maintain such facilities as

may be necessary for the transacting of its business. The Commission may acquire, hold,

and convey real and personal property and any interest therein.

(c) The Commission shall have a seal.

(d) The Commission shall elect annually, from among its members, a chairman, a

vice chairman, and a treasurer. The Commission shall appoint an Executive Director and

fix his duties and compensation. Such Executive Director shall serve at the pleasure of

the Commission. The Executive Director, the Treasurer, and such other personnel as the

Commission shall designate shall be bonded. The amount or amounts of such bond or

bonds shall be determined by the Commission.

(e) Irrespective of the civil service, personnel or other merit system laws of any of

the party States, the Executive Director with the approval of the Commission, shall

appoint, remove or discharge such personnel as may be necessary for the performance of

the Commission's functions, and shall fix the duties and compensation of such personnel.

(f) The Commission may establish and maintain independently or in conjunction

with a party State, a suitable retirement system for its employees. Employees of the

Commission shall be eligible for social security coverage in respect of old age and

survivor's insurance provided that the Commission takes such steps as may be necessary

pursuant to the laws of the United States, to participate in such program of insurance as a

governmental agency or unit. The Commission may establish and maintain or participate

in such additional programs of employee benefits as it may deem appropriate.

(g) The Commission may borrow, accept or contract for the services of personnel

from any State, the United States, or any other governmental agency, or from any person,

firm, association or corporation.

(h) The Commission may accept for any of its purposes and functions under this

compact any and all donations, and grants of money, equipment, supplies, materials and

services, conditional or otherwise, from any State, the United States, or any other

governmental agency, or from any person, firm, association or corporation, and may

receive, utilize and dispose of the same. Any donation or grant accepted by the

Commission pursuant to this paragraph or services borrowed pursuant to paragraph (g) of

this Article shall be reported in the annual report of the Commission. Such report shall

include the nature, amount and conditions, if any, of the donation, grant or services

borrowed and the identity of the donor or lender.

(i) The Commission shall adopt bylaws for the conduct of its business and shall

have the power to amend and rescind these bylaws. The Commission shall publish its

bylaws in convenient form and shall file a copy thereof and a copy of any amendment

thereto, with the appropriate agency or officer in each of the party States.

(j) The Commission annually shall make to the Governor, legislature and

advisory body required by Article V(a) of each party State a report covering the activities

of the Commission for the preceding year, and embodying such recommendations as may

have been made by the Commission. The Commission may make such additional reports

as it may deem desirable.

ARTICLE VI

Advisory, Technical, and Regional Committees

The Commission shall establish such advisory, technical, and regional committees

as it may deem necessary, membership on which shall include private persons and public

officials, and shall cooperate with and use the services of any such committees and the

organizations which the members represent in furthering any of its activities. Such

committees may be formed to consider problems of special interest to any party States,

problems dealing with particular commodities or types of mining operations, problems

related to reclamation, development, or use of mine land, or any other matters of concern

to the Commission.

ARTICLE VII

Finance

(a) The Commission shall submit to the Governor or designated officer or officers

of 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.

(b) 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.

(c) The Commission shall not pledge the credit of any party State. The

Commission may meet any of its obligations in whole or in part with funds available to it

under Article V(h) of this compact: provided that the Commission takes specific action

setting aside such funds prior to incurring any obligation to be met in whole or in part in

such manner. Except where the Commission makes use of funds available to it under

Article V(h) hereof, the Commission shall not incur any obligation prior to the allotment

of funds by the party States adequate to meet the same.

(d) 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 bylaws. 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.

(e) The accounts of the Commission shall be open at any reasonable time for

inspection by duly constituted officers of the party States and by any persons authorized

by the Commission.

(f) Nothing contained herein shall be construed to prevent Commission

compliance with laws relating to audit or inspection of accounts by or on behalf of any

government contributing to the support of the Commission.

ARTICLE VIII

Entry into Force and Withdrawal

(a) 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.

(b) 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

Governor of the withdrawing State has given notice in writing of the withdrawal to the

Governors of 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 IX

Effect on Other Laws

Nothing in this compact shall be construed to limit, repeal or supersede any other

law of any party State.

ARTICLE X

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof.

The provisions of this compact shall be severable and if any phrase, clause, sentence or

provision of this compact is declared to be contrary to the constitution of any 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 this compact shall be held contrary to the constitution of any State

participating herein, the compact shall remain in full force and effect as to the remaining

party States and in full force and effect as to the State affected as to all severable matters.