2023 Illinois Compiled Statutes › Chapter 45 - INTERSTATE COMPACTS › 45 ILCS 50/ - Interstate Mining Compact Act.

(45 ILCS 50/1) (from Ch. 96 1/2, par. 4701)
Sec. 1. 
		
		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:
(Source: P.A. 79-231.)
(45 ILCS 50/1.1) (from Ch. 96 1/2, par. 4702)
Sec. 1.1. 
		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.
(Source: P.A. 81-1509.)
(45 ILCS 50/1.2) (from Ch. 96 1/2, par. 4703)
Sec. 1.2. 
		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 on site
farming or construction.
(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.
(Source: P.A. 79-231.)
(45 ILCS 50/1.3) (from Ch. 96 1/2, par. 4704)
Sec. 1.3. 
		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:
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 adaptation,
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.
(Source: P.A. 79-231.)
(45 ILCS 50/1.4) (from Ch. 96 1/2, par. 4705)
Sec. 1.4. 
		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:
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, adaptation, 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 therefore, with the officials of such State in respect to any problem
within the purview of this compact.
g. 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.
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.
(Source: P.A. 79-231.)
(45 ILCS 50/1.5) (from Ch. 96 1/2, par. 4706)
Sec. 1.5. 
		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, Article 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 service, 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.
(Source: P.A. 81-1509.)
(45 ILCS 50/1.6) (from Ch. 96 1/2, par. 4707)
Sec. 1.6. 
		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 mined land, or any other matters of
concern to the Commission.
(Source: P.A. 79-231.)
(45 ILCS 50/1.7) (from Ch. 96 1/2, par. 4708)
Sec. 1.7. 
		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.
(Source: P.A. 79-231.)
(45 ILCS 50/1.8) (from Ch. 96 1/2, par. 4709)
Sec. 1.8. 
		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.
(Source: P.A. 79-231.)
(45 ILCS 50/1.9) (from Ch. 96 1/2, par. 4710)
Sec. 1.9. 
		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.
(Source: P.A. 79-231.)
(45 ILCS 50/1.10) (from Ch. 96 1/2, par. 4711)
Sec. 1.10. 
		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.
(Source: P.A. 79-231.)
(45 ILCS 50/2) (from Ch. 96 1/2, par. 4712)
Sec. 2. 
		
		The State mining board established by Section 5-155 of the
Departments of State Government Law (20 ILCS 5/5-155) is
designated the advisory body referred to in Article V (a) of the Interstate
Mining
Compact.  No member of the Board shall
receive any compensation on account of duties established by this Act,
but any such member shall be entitled to reimbursement for expenses actually
incurred by him in connection with his service as the Governor's alternate
on the Interstate Mining Commission.
(Source: P.A. 91-239, eff. 1-1-00.)
(45 ILCS 50/3) (from Ch. 96 1/2, par. 4713)
Sec. 3. 
		
		In accordance with Section 1.5 (i) of this Act, the
Commission shall file copies of its bylaws and any amendments thereto
with the mining board and with the Director of the Department of Natural
Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(45 ILCS 50/4) (from Ch. 96 1/2, par. 4714)
Sec. 4. 
		
		This Act shall be known and may be cited as the Interstate Mining Compact Act.
(Source: P.A. 79-231.)