Interstate Mining Compact commission membership.

ORIGINAL
Senate
File No
.
SF0034

ENROLLED ACT NO.
14
,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to mines and mining; adopting the Interstate Mining Compact; providing for the state of Wyoming to become a full member of the Interstate Mining Compact commission; providing for applicability; authorizing the governor to appoint a designee to the commission; repealing prior authorizing statutes; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 30
‑
4
‑
103 through 30
‑
4
‑
108 are created to read:

30
‑
4
‑
103
.

Title.

This act may be cited as the
"
Interstate Mining Compact
"
.

30
‑
4
‑
10
4
.

Interstate
M
ining
C
ompact.

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
s
tates find that:

(i)

Mining and the contributions thereof to the economy and well
‑
being of every
s
tate are of basic significance;

(ii)

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;

(iii)

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;

(iv)

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 lands, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from
s
tate to
s
tate for all mining operations similarly situated;

(v)

The
s
tates 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
c
ompact are to:

(i)

Advance the protection and restoration of land, water and other resources affected
by mining;

(ii)

Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water
and air attributable to mining;

(
iii
)

Encourage, with due recognition of relevant regional, physical, and other

differences, programs in each of the party
s
tates 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 b
e universally facilitated;

(
iv
)

Assist the party
s
tates 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 o
f such land and other resources;

(v)

Assist in achieving and maintaining an efficient and productive mining industry and

in increasing economic and other benefits attributable to mining.

Article II
Definitions

(a)

As used in this
c
ompact, the term:

(
i
)

"
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;

(
ii
)

"
State
"
means a
s
tate 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

(a)

Each party s
tate 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:

(i)

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;

(
ii
)

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;

(iii
)

The institution and maintenance of suitable programs of adaptation, restoration, and
rehabilitation of mined lands;

(iv
)

The prevention, abatement and control of water, air and soil pollution resulting

from mining
‑
present, past and future.

Article IV
Powers

(a)

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
:

(
i
)

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, pl
ant and animal life, recreation
and patterns of community or regional development

or change
;

(
ii
)

Study the conservation, adaptation, improvement and restoration of land and related
resources affected by mining;

(
iii
)

Make recommendations concerning any aspect or aspects of law or practice and

governmental administration dealing with matters within the purview of this
compact;

(iv
)

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

purview of this
compact;

(v
)

Cooperate with the federal government and any public or private entities having

interests in any subject coming within the purview of this
c
ompact
;

(
vi
)

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;

(vii
)

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;

(viii)

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
s
tates to be known as the
"
interstate mining commission
"
, hereinafter called
"
the commission
"
. The
c
ommission shall be

composed of one
(1)
commissioner from
each party state who shall be the governor thereof
.

Pursuant to
the laws of the party state, each governor may have the assistance of an advisory body (including membership from mining industries, conservation interests, and such other 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
g
overnor is unable to attend a meeting of the commission or perform any other

function in connection with the business of the
c
ommission,
the governor
shall designate an alternate

who shall represent
the state
and act in
the governor
'
s
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
c
ommissioners shall be entitled to one
(1)
vote each on the
c
ommission. No

action of the
c
ommission making a recommendation pursuant to
article IV(a)(iii), IV(a)(vii), and IV(a)(viii)
or requesting, accepting or disposing of funds, service
s
or other property pursuant to this
subsection
,
a
rticle

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
c
ommission is cast in favor thereof. All other

action shall be by a majority of those present and voting provided that action of the
c
ommission shall be only at a meeting at which a majority of the
c
ommissioners, or their alternates,
are
present. The
c
ommission may establish and maintain such facilities as may be

necessary for the transaction of its business. The
c
ommission may acquire, hold, and convey

real and personal property and any interest therein.

(
c
)

T
he commission shall have a seal.

(
d
)

The
c
ommission shall elect annually, from among its members, a
chai
rman, a vice
‑
chairman
and a treasurer
. The
commission shall appoint an executive director and fix duties and compensation of the executive director. 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 bon
ded. The amount or amounts of such bond or bonds

shall be determined by the
c
ommission.

(
e
)

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

party
s
tates, the
e
xecutive
d
irector, with the approval of the
c
ommission,
shall appoint, remove or discharge such personnel as may be necessary for the performance of the
c
ommission
'
s functions, and shall fix the duties and compensation of such personnel.

(
f
)

The
c
ommission may establish and maintain independently or in conjunction with

a party
s
tate, a suitable retirement system for its employees. Employees of the
c
ommission

shall be eligible for
social security
coverage in respect of old age and survivor
'
s insurance

provided that the
c
ommission 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
c
ommission may establish and maintain or participate in such additional programs of

employee benefits as it may deem appropriate.

(
g
)

The
c
ommission may borrow, accept or contract for the services of personnel from

any
s
tate, the United States, or any other governmental agency, or from any person, firm,

association or corporation.

(
h
)

The
c
ommission may accept for any of its purposes and functions under this
c
ompact any and all donations, and grants of money, equipment, supplies, materials and

services, conditional or otherwise, from any
s
tate, 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
c
ommission pursuant to this
subsection
or services borrowed pursuant to
subsection
(
g
) of the
a
rticle shall be reported in the

annual report of the
c
ommission. 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.

(
j
)

The
c
ommission shall adopt bylaws for the conduct of its business and shall have

the power to amend and rescind these bylaws. The
c
ommission 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
s
tates.

(k)

The
c
ommission annually shall make to the
g
overnor,
l
egislature and advisory

body of each party
s
tate
described in subsection (a) of this article
a report covering the activities of the
c
ommission for the preceding year, and embodying such recommendations as may have been made by the
c
ommission. The
c
ommission may make such additional reports as it may deem

desirable.

Article VI
Advisory, Technical, and Regional Committees

The
c
ommission 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 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 consider problems of special interest to any party
s
tate, problems dealing with

particular commodities or types of mining operations, problems related to reclamation,

de
velopment, or use of mined land
or any other matters of concern to the
c
ommission.

Article VII
Finance

(
a
)

The
c
ommission shall submit to the
g
overnor or designated officer or officers of

each party
s
tate a budget of its estimated expenditures for such period as may be required by

the laws of that party
s
tate for presentation to the
l
egislature thereof.

(
b
)

Each of the
c
ommission
'
s budgets of estimated expenditures shall contain specific

recommendations of the amount or amounts to be appropriated by each of the party
s
tates. The

total amount of appropriations requested under any such budget shall be apportioned among the

party
s
tates as follows: one
‑
half
(1/2)
in equal shares, and the remainder in proportion to the value of

minerals, ores, and other solid matter mined. In determining such values, the
c
ommission

shall employ such available public source or sources of information as, in its judgment, present

the most equitable and accurate comparisons among the party
s
tates. Each of the
c
ommission
'
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
c
ommission shall not pledge the credit of any party
s
tate. The
c
ommission

may meet any of its obligations in whole or in part with funds available to it under
a
rticle V(
h
) of this
c
ompact; provided that the
c
ommission 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
c
ommission makes use of funds available to it under
article V(h
) hereof, the
c
ommission shall not incur any obligation prior to the allotment of funds by the party
s
tates

adequate to meet the same.

(
d
)

The
c
ommission shall keep accurate accounts of all receipts and disbursements.

The receipts and disbursements of the
c
ommission shall be subject to the audit and accounting

procedures established under its bylaws. All receipts and disbursements of funds handled by

the
c
ommission 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
c
ommission.

(
e
)

The accounts of the
c
ommission shall be open at any reasonable time for

inspection by duly constituted officers of the party
s
tates and by any persons authorized by the
c
ommission.

(
f
)

Nothing contained herein shall be construed to prevent
c
ommission compliance

with laws relating to audit or inspection of accounts by or on behalf of any government
contributing to the support of the
c
ommission.

Article VIII
Entry Into Force and Withdrawal

(a)

This
c
ompact shall enter into force when enacted into law by any four
(4)
or more
s
tates. Thereafter, this
c
ompact shall become effective as to any other
s
tate upon its

enactment thereof.

(
b
)

Any party
s
tate may withdraw from this
c
ompact by enacting a statute repealing

the same, but no such withdrawal shall take effect until one
(1)
year after the
g
overnor of the

withdrawing
s
tate has given notice in writing of the withdrawal to the
g
overnors of all other

party
s
tates. No withdrawal shall affect any liability previously and separately agreed to, and

already incurred by or chargeable to a party
s
tate, under
article VII
(
b
), prior to the time of

such withdrawal.

Article IX
Effect On Other Laws

Nothing in this
c
ompact shall be construed to limit, repeal or supersede any other law

of any party
s
tate.

Article X
Construction and Severability

This
c
ompact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this
c
ompact shall be severable and if any phrase, clause, sentence or provision

of this
c
ompact is declared to be contrary to the constitution of any
s
tate 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
c
ompact and the applicability thereof to any

government, agency, person or circumstance shall not be affected thereby. If this
c
ompact

shall be held contrary to the constitution of any
s
tate participating herein, the
c
ompact shall

remain in full force and effect as to the remaining party
s
tates and in full force and effect as to

the
state affected as to all
severable matters.

30
‑
4
‑
10
5
.

Membership.

(a)

S
ubject to W.S. 30
‑
4
‑
106
, the
s
tate of Wyoming hereby
joins
the
Interstate Mining C
ompact
commission

to further
the findings and purposes
embodied in
the compact
. T
he state through the
o
ffice of the
g
overnor is authorized to join and participate in the
Interstate Mining C
ompact
commission as a member state of the

commission
.

(b)

The
g
overnor may appoint a designee to serve as the
g
overnor
'
s official representative to the compact and to perform a
ll
functions in connection with the business of the compact.

If the governor appoints a person to act as his designee, that person shall take the oath of office prescribed by the constitution and shall file it with the secretary of state.

30
‑
4
‑
10
6
.

A
pplicability
.

(a)

No provisions of the
Interstate Mining C
ompact
, nor any policies of the
Interstate Mining C
ompact commission
, shall be construed to limit, repeal or supersede any law of the
s
tate of Wyoming.

(b)

The
g
overnor and the
l
egislature, or agents of either, shall have the right to inspect the
books and accounts of the Interstate Mining C
ompact commission
at any reasonable time while the state is a member.

(c)

A copy of the bylaws of the
Interstate Mining C
ompact commission
shall be placed on file with the
d
irector of the
department of environmental quality
, and be available for inspection at any reasonable time by the
l
egislature or any interested citizen.

(d)

The state of Wyoming shall not be liable for the obligations or solvency of:

(i)

The retirement system described in a
rticle V
(
f
)
of the compact
; or

(
ii
)

A
program of employee benefits described in
article V
(
f
)
of the compact
.

(e)

As used in the article V(a) of the compact,
"
agency
"
does not mean an agency of the state of Wyoming or any political subdivision of the state of Wyoming.

30
‑
4
‑
10
7
.

E
xpenses.

The
department of environmental quality
may pay annually out of funds collected from
mining permit fees
, or from funds granted to the state by the federal
office of surface mining reclamation and enforcement, the annual
membership dues payable to the Interstate Mining C
ompact commission for the membership of the state of
Wyoming in that organization.

30
‑
4
‑
10
8
.

G
eneral
power of governor; withdrawal
.

(a)

Within the limitations of this section, the
g
overnor shall be entitled to exercise all the power of his office necessary in his judgment to maintain the state in good standing as a member
of the Interstate Mining C
ompact commission
and to participate therein.

(b)

After the
g
overnor has provided one (1) year
'
s notice in writing to the governors of all other member states, the
l
egislature, by appropriate repealing legislation, may withdraw the state from the
Interstate Mining C
ompact
commission
.

Section 2
.

W.S. 30
‑
4
‑
101 and 30
‑
4
‑
102 are repealed.

Section
3
.

This act is effective immediately upon completion of all acts necessary for a bill to become a law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1