NY Env Conserv L § 23-2722 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 27 - New York State Mined Land Reclamation 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.