2016 North Dakota Century Code Title 38 Mining and Gas and Oil Production Chapter 38-20 Interstate Mining Compact
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CHAPTER 38-20
INTERSTATE MINING COMPACT
38-20-01. Interstate mining compact.
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
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 concerns.
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, 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 state to state for all mining operations similarly
situated.
e. The states are in a position and have the responsibility to assure that mining is
conducted in accordance with sound conservation principles and with due regard
for local conditions.
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, the term:
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 does not include those aspects of deep
mining not having significant effect on the surface and does not include excavation of
grading when conducted solely in aid of onsite farming or construction.
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2.
"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 it has or will establish effective programs to accomplish the
purposes of this compact.
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 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 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
1. 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 the party state, each governor may 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 the
responsibilities as a commissioner on the commission. If a governor is unable to
attend a meeting of the commission or perform any other function in connection with
the business of the commission, an alternate must be designated to represent and act
on behalf of the governor. The alternate designated by the governor must be employed
by the state agency with responsibilities for protecting and restoring lands affected by
mining. The designation of an alternate must be communicated by the governor to the
commission in such manner as its bylaws may provide.
2. The commissioners shall be entitled to one vote each on the commission. No action of
the commission making a recommendation pursuant to subsections 3, 7, and 8 of
article IV or requesting, accepting, or disposing of funds, services, or other property
pursuant to this subsection, subsections 7 and 8 of this article, or article 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 must 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, who are present. The
commission may establish and maintain such facilities as may be necessary for the
transaction of its business. The commission may acquire, hold, and convey real and
personal property and any interest therein.
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3.
4.
The commission shall have a seal.
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
the 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 amounts of such bonds must be
determined by the commission.
5. 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.
6. 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 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.
7. 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.
8. 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
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 subsection or services borrowed pursuant to subsection 7
must be reported in the annual report of the commission. Such report must include the
nature, amount, and conditions, if any, of the donation, grant, or services borrowed
and the identity of the donor or lender.
9. 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.
10. The commission annually shall make to the governor, legislative assembly, and any
advisory body established under subsection 1 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.
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 must 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 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
1. 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.
2. Each of the commission's budgets of estimated expenditures must contain specific
recommendations of the amounts to be appropriated by each of the party states. The
total amount of appropriations requested under any such budget must be apportioned
among the party states one half in equal shares and the remainder in proportion to the
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value of minerals, ores, and other solid matter mined. In determining such values, the
commission shall employ such available public 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 must indicate the sources used in obtaining information concerning
value of minerals, ores, and other solid matter mined.
3. 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
subsection 8 of article V, 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 when the commission makes use of funds available to it under
subsection 8 of article V hereof, the commission shall not incur any obligation prior to
the allotment of funds by the party states adequate to meet the same.
4. The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission must be subject to the audit and
accounting procedures established under its bylaws. All receipts and disbursements of
funds handled by the commission must be audited yearly by a qualified public
accountant and the report of the audit must be included in and become part of the
annual report of the commission.
5. The accounts of the commission must be open at any reasonable time for inspection
by duly constituted officers of the party states and by any persons authorized by the
commission.
6. Nothing contained herein must 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
1. The compact enters into force when enacted into law by any four or more states.
Thereafter, this compact becomes effective as to any other state upon its enactment
thereof.
2. Any party state may withdraw from this compact by enacting a statute repealing the
same, but no such withdrawal takes 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 affects any liability already incurred by or chargeable
to a party state prior to the time of such withdrawal.
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.
38-20-02. Filing bylaws and amendments.
In accordance with subsection 9 of article V of the compact, the interstate mining compact
commission shall file copies of its bylaws and any amendments thereto with the governor and
public service commission.
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