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- 83rd Session (2025)
Senate Bill No. 464–Committee on Finance
CHAPTER..........
AN ACT relating to mining; enacting the Interstate Mining
Compact; authorizing the Governor to designate an alternate
as the official representative for the purposes of the Compact;
establishing provisions relating to the inspection of the
books, records a nd bylaws of the Interstate Mining
Commission; establishing certain duties of the Division of
Minerals of the Commission on Mineral Resources relating
to the Compact; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
The Interstate Mining Compact is an interstate compact which addresses issues
relating to mining, including, without limitation, the economic impacts, the effects
on natural resources, the protection of the environment and public health and
safety. The Compact requires each state that is a party to formulate and establish a
program for the conservation and use of mined lands for certain purposes. The
Compact creates the Interstate Mining Commission composed of one commissioner
from each party state who is the governor of that state or an alternate designated by
the Governor. The Commission is charged with certain duties, which include: (1)
studying issues relating to mining operations, processes and techniques and the
conservation and restoration of land affect ed by mining; (2) making
recommendations relating to mining; (3) gathering and disseminating information
relating to mining; (4) cooperating with the Federal Government and any public
and private entities interested in mining; and (5) upon the request of a party state,
consulting with officials in the state on issues relating to mining.
Section 2 of this bill enacts the Interstate Mining Compact. Section 3 of this
bill authorizes the Governor to designate a representative to serve as the alternate of
the Governor to the Compact and on the Commission.
Section 4 of this bill provides that: (1) the provisions of the Compact and any
policy of the Commission do not limit, repeal or supersede any law of this State;
and (2) the State of Nevada is not liable for certain obligations or solvency of the
Commission.
Section 5 of this bill provides that the Governor and the Leg islature or their
designated agents have the right to inspect the books and accounts of the
Commission.
Section 6 of this bill requires: (1) the Interstate Mining Commission, as
directed in the Compact, to file a copy of the bylaws of the Commission with the
Division of Minerals of the Commission on Mineral Resources; and (2) the
Division to make a copy of the bylaws available for inspection by the public or
the Legislature. Section 6 also requires the Administrator of the Division to pay the
annual membership dues of the Interstate Mining Commission from the Account
for the Division of Minerals or, if authorized, from certain grants from the Federal
Government.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 513 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 6, inclusive, of this
act.
Sec. 2. The Interstate Mining Compact is hereby ratified,
enacted and entered into with all jurisdictions legally joining the
Compact, in substantially the form set forth in this section:
INTERSTATE MINING COMPACT
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 wi th 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 reso urces 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 s, 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:
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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 t he 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 of 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.
ARTICLE III. STATE PROGRAMS
Each party State agrees that within a reasonable time it will
formulate and establish an eff ective program for the conservation
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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 of
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
available resources, 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
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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 “Inte rstate 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 the party State, each Governor
shall have the assistance o f 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 the
responsibilities as a Commissioner 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 or she shall designate an
alternate, from among the members of the advi sory body required
by this paragraph, who shall represent him or her and act in his or
her 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 t he 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 transaction of its business.
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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 or her
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 a mount 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 appoi nt, 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 pursu ant 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 a nd
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 the
Article shall be reported in the annual report of the Commissi on.
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.
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(i) The Commission shall adopt bylaws for the conduct of its
business and shall have the power t o 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 Commi ssion. 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, members hip on
which shall include private persons and public officials, and shall
cooperate with the use and services of any such committees and
the organizations which the members represent in furthering any
of its activities. Such committees may be formed to co nsider
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.
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 suc h
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
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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 avai lable 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 avail able 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 th e 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 1 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.
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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.
Sec. 3. In accordance with Article V of the Interstate Mining
Compact enacted pursuant to section 2 of this act , the Governor
may designate a representative to serve as the alternate of the
Governor to the Interstate Mining Compact and on the Interstate
Mining Commission.
Sec. 4. 1. No provision of the Interstate Mining Compact
enacted pursuant to section 2 of this act or any policy of the
Interstate Mining Commission may be construed to limit, repeal or
supersede any law of the State of Nevada.
2. The State of Nevada is not liable for the obligations or
solvency of the retirement system or program of employee benefits
described in paragraph (f) of Article V of the Interstate Mining
Compact.
3. The Interstate Mining Commission is not an agency of this
State or a political subdivision of this State.
Sec. 5. The Governor and the Legislature or the designated
agents thereof shall have the right to inspect the books and
accounts of the Interstate Mining Commission at any reasonable
time while Nevada is a member.
Sec. 6. 1. As required by Article V of the Interstate Mining
Compact enacted pursuant to section 2 of this act , the Interstate
Mining Commission shall file a copy of the bylaws of the
Commission with the Division of Minerals. The Division s hall
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make a copy of the bylaws of the Interstate Mining Commission
available for inspection by the public or the Legislature at any
reasonable time.
2. The Administrator of the Division shall pay any annual
membership dues owed to the Interstate Mining C ommission from
the Account for the Division of Minerals created pursuant to NRS
513.103 or, if authorized, from grants of money from the United
States Department of the Interior.
Sec. 7. This act becomes effective on July 1, 2025.
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