2023 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.