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S.B. 235 Enrolled

             1     

INTERSTATE MINING COMPACT

             2     
2013 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: David P. Hinkins

             5     
House Sponsor: Mike K. McKell

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill enacts Title 40, Chapter 9, Interstate Mining Compact.
             10      Highlighted Provisions:
             11          This bill:
             12          .    enacts Title 40, Chapter 9, Interstate Mining Compact.
             13      Money Appropriated in this Bill:
             14          None
             15      Other Special Clauses:
             16          None
             17      Utah Code Sections Affected:
             18      ENACTS:
             19          40-9-101, Utah Code Annotated 1953
             20          40-9-102, Utah Code Annotated 1953
             21          40-9-103, Utah Code Annotated 1953
             22     
             23      Be it enacted by the Legislature of the state of Utah:
             24          Section 1. Section 40-9-101 is enacted to read:
             25     
CHAPTER 9. INTERSTATE MINING COMPACT

             26          40-9-101. Title.
             27          This chapter is known as "Interstate Mining Compact."
             28          Section 2. Section 40-9-102 is enacted to read:
             29          40-9-102. Text of Compact.


             30          The Interstate Mining Compact is hereby enacted into law and entered into with all
             31      other jurisdictions legally joining therein in the form substantially as follows:
             32     
Article I

             33     
Findings and Purposes

             34          (1) The party States find that:
             35          (a) Mining and the contributions thereof to the economy and well-being of every State
             36      are of basic significance.
             37          (b) The effects of mining on the availability of land, water and other resources for other
             38      uses present special problems which properly can be approached only with due consideration
             39      for the rights and interests of those engaged in mining, those using or proposing to use these
             40      resources for other purposes, and the public.
             41          (c) Measures for the reduction of the adverse effects of mining on land, water and other
             42      resources may be costly and the devising of means to deal with them are of both public and
             43      private concern.
             44          (d) Such variables as soil structure and composition, physiography, climatic conditions,
             45      and the needs of the public make impracticable the application to all mining areas of a single
             46      standard for the conservation, adaptation, or restoration of mined land, or the development of
             47      mineral and other natural resources; but justifiable requirements of law and practice relating to
             48      the effects of mining on lands, water, and other resources may be reduced in equity or
             49      effectiveness unless they pertain similarly from State to State for all mining operations
             50      similarly situated.
             51          (e) The States are in a position and have the responsibility to assure that mining shall
             52      be conducted in accordance with sound conservation principles, and with due regard for local
             53      conditions.
             54          (2) The purposes of this Compact are to:
             55          (a) Advance the protection and restoration of land, water and other resources affected
             56      by mining.
             57          (b) Assist in the reduction or elimination or counteracting of pollution or deterioration


             58      of land, water and air attributable to mining.
             59          (c) Encourage, with due recognition of relevant regional, physical, and other
             60      differences, programs in each of the party States which will achieve comparable results in
             61      protecting, conserving, and improving the usefulness of natural resources, to the end that the
             62      most desirable conduct of mining and related operations may be universally facilitated.
             63          (d) Assist the party States in their efforts to facilitate the use of land and other
             64      resources affected by mining, so that such use may be consistent with sound land use, public
             65      health, and public safety, and to this end to study and recommend, wherever desirable,
             66      techniques for the improvement, restoration or protection of such land and other resources.
             67          (e) Assist in achieving and maintaining an efficient and productive mining industry and
             68      in increasing economic and other benefits attributable to mining.
             69     
Article II

             70     
Definitions

             71          As used in this Compact, the term:
             72          (1) "Mining" means the breaking of the surface soil in order to facilitate or accomplish
             73      the extraction or removal of minerals, ores, or other solid matter, any activity or process
             74      constituting all or part of a process for the extraction or removal of minerals, ores, and other
             75      solid matter from its original location, and the preparation, washing, cleaning, or other
             76      treatment of minerals, ores, or other solid matter so as to make them suitable for commercial,
             77      industrial, or construction use; but shall not include those aspects of deep mining not having
             78      significant effect on the surface, and shall not include excavation of grading when conducted
             79      solely in aid of on-site farming or construction.
             80          (2) "State" means a State of the United States, the District of Columbia, the
             81      Commonwealth of Puerto Rico, or a Territory or Possession of the United States.
             82     
Article III

             83     
State Programs

             84          Each party State agrees that within a reasonable time it will formulate and establish an
             85      effective program for the conservation and use of mined land, by the establishment of


             86      standards, enactment of laws, or the continuing of the same in force, to accomplish:
             87          (1) The protection of the public and the protection of adjoining and other landowners
             88      from damage to their lands and the structures and other property thereon resulting from the
             89      conduct of mining operations or the abandonment or neglect of land and property formerly
             90      used in the conduct of such operations.
             91          (2) The conduct of mining and the handling of refuse and other mining wastes in ways
             92      that will reduce adverse effects on the economic, residential, recreational or aesthetic value and
             93      utility of land and water.
             94          (3) The institution and maintenance of suitable programs of adaptation, restoration, and
             95      rehabilitation of mined lands.
             96          (4) The prevention, abatement and control of water, air and soil pollution resulting
             97      from mining - present, past and future.
             98     
Article IV

             99     
Powers

             100          In addition to any other powers conferred upon the Interstate Mining Commission,
             101      established by Article V of this Compact, such Commission shall have power to:
             102          (1) Study mining operations, processes and techniques for the purpose of gaining
             103      knowledge concerning the effects of such operations, processes and techniques on land, soil,
             104      water, air, plant and animal life, recreation, and patterns of community or regional development
             105      or change.
             106          (2) Study the conservation, adaptation, improvement and restoration of land and related
             107      resources affected by mining.
             108          (3) Make recommendations concerning any aspect or aspects of law or practice and
             109      governmental administration dealing with matters within the purview of this Compact.
             110          (4) Gather and disseminate information relating to any of the matters within the
             111      purview of this Compact.
             112          (5) Cooperate with the federal government and any public or private entities having
             113      interests in any subject coming within the purview of this Compact.


             114          (6) Consult, upon the request of a party State and within available resources, with the
             115      officials of such State in respect to any problem within the purview of this Compact.
             116          (7) Study and make recommendations with respect to any practice, process, technique,
             117      or course of action that may improve the efficiency of mining or the economic yield from
             118      mining operations.
             119          (8) Study and make recommendations relating to the safeguarding of access to
             120      resources which are or may become the subject of mining operations to the end that the needs
             121      of the economy for the products of mining may not be adversely affected by unplanned or
             122      inappropriate use of land and other resources containing minerals or otherwise connected with
             123      actual or potential mining sites.
             124     
Article V

             125     
The Commission

             126          (1) There is hereby created an agency of the party States to be known as the "Interstate
             127      Mining Commission", hereinafter called "the Commission". The Commission shall be
             128      composed of one commissioner from each party State who shall be the Governor thereof.
             129      Pursuant to the laws of the party State, each Governor may have the assistance of an advisory
             130      body (including membership from mining industries, conservation interests, and such other
             131      public and private interests as may be appropriate) in considering problems relating to mining
             132      and in discharging the responsibilities as a Commissioner on the Commission. In any instance
             133      where a Governor is unable to attend a meeting of the commission or perform any other
             134      function in connection with the business of the Commission, he/she shall designate an alternate
             135      who shall represent him/her and act in his/her place and stead. The designation of an alternate
             136      shall be communicated by the Governor to the Commission in such manner as its bylaws may
             137      provide.
             138          (2) The Commissioners shall be entitled to one vote each on the Commission. No
             139      action of the Commission making a recommendation pursuant to Article IV (3), IV (7), and IV
             140      (8) or requesting, accepting or disposing of funds, services, or other property pursuant to this
             141      paragraph, Article V (7), V (8), or VII shall be valid unless taken at a meeting at which a


             142      majority of the total number of votes on the Commission is cast in favor thereof. All other
             143      action shall be by a majority of those present and voting: provided that action of the
             144      Commission shall be only at a meeting at which a majority of the Commissioners, or their
             145      alternates, is present. The Commission may establish and maintain such facilities as may be
             146      necessary for the transaction of its business. The Commission may acquire, hold, and convey
             147      real and personal property and any interest therein.
             148          (3) The Commission shall have a seal.
             149          (4) The Commission shall elect annually, from among its members, a Chairman, a
             150      Vice-chairman, and a Treasurer. The Commission shall appoint an Executive Director and fix
             151      his/her duties and compensation. Such Executive Director shall serve at the pleasure of the
             152      Commission. The Executive Director, the Treasurer, and such other personnel as the
             153      Commission shall designate shall be bonded. The amount or amounts of such bond or bonds
             154      shall be determined by the Commission.
             155          (5) Irrespective of the civil service, personnel or other merit system laws of any of the
             156      party States, the Executive Director, with the approval of the Commission, shall appoint,
             157      remove or discharge such personnel as may be necessary for the performance of the
             158      Commission's functions, and shall fix the duties and compensation of such personnel.
             159          (6) The Commission may establish and maintain independently or in conjunction with
             160      a party State, a suitable retirement system for its employees. Employees of the Commission
             161      shall be eligible for Social Security coverage in respect of old age and survivor's insurance
             162      provided that the Commission takes such steps as may be necessary pursuant to the laws of the
             163      United States, to participate in such program of insurance as a governmental agency or unit.
             164      The Commission may establish and maintain or participate in such additional programs of
             165      employee benefits as it may deem appropriate.
             166          (7) The Commission may borrow, accept or contract for the services of personnel from
             167      any State, the United States, or any other governmental agency, or from any person, firm,
             168      association or corporation.
             169          (8) The Commission may accept for any of its purposes and functions under this


             170      Compact any and all donations, and grants of money, equipment, supplies, materials and
             171      services, conditional or otherwise, from any State, the United States, or any other governmental
             172      agency, or from any person, firm, association or corporation, and may receive, utilize and
             173      dispose of the same. Any donation or grant accepted by the Commission pursuant to this
             174      paragraph or services borrowed pursuant to paragraph (7) of the Article shall be reported in the
             175      annual report of the Commission. Such report shall include the nature, amount and conditions,
             176      if any, of the donation, grant or services borrowed and the identity of the donor or lender.
             177          (9) The Commission shall adopt bylaws for the conduct of its business and shall have
             178      the power to amend and rescind these bylaws. The Commission shall publish its bylaws in
             179      convenient form and shall file a copy thereof and a copy of any amendment thereto, with the
             180      appropriate agency or officer in each of the party States.
             181          (10) The Commission annually shall make to the Governor, Legislature and advisory
             182      body described in Article V (1) of each party State a report covering the activities of the
             183      Commission for the preceding year, and embodying such recommendations as may have been
             184      made by the Commission. The Commission may make such additional reports as it may deem
             185      desirable.
             186     
Article VI

             187     
Advisory, Technical, and Regional Committees

             188          The Commission shall establish such advisory, technical, and regional committees as it
             189      may deem necessary, membership on which shall include private persons and public officials,
             190      and shall cooperate with the use and services of any such committees and the organizations
             191      which the members represent in furthering any of its activities. Such committees may be
             192      formed to consider problems of special interest to any party State, problems dealing with
             193      particular commodities or types of mining operations, problems related to reclamation,
             194      development, or use of mined land, or any other matters of concern to the Commission.
             195     
Article VII

             196     
Finance

             197          (1) The Commission shall submit to the Governor or designated officer or officers of


             198      each party State a budget of its estimated expenditures for such period as may be required by
             199      the laws of that party State for presentation to the Legislature thereof.
             200          (2) Each of the Commission's budgets of estimated expenditures shall contain specific
             201      recommendations of the amount or amounts to be appropriated by each of the party States. The
             202      total amount of appropriations requested under any such budget shall be apportioned among the
             203      party States as follows: one-half in equal shares, and the remainder in proportion to the value of
             204      minerals, ores, and other solid matter mined. In determining such values, the Commission
             205      shall employ such available public source or sources of information as, in its judgment, present
             206      the most equitable and accurate comparisons among the party States. Each of the
             207      Commission's budgets of estimated expenditures and requests for appropriations shall indicate
             208      the source or sources used in obtaining information concerning value of minerals, ores, and
             209      other solid matter mined.
             210          (3) The Commission shall not pledge the credit of any party State. The Commission
             211      may meet any of its obligations in whole or in part with funds available to it under Article V
             212      (8) of this Compact; provided that the Commission takes specific action setting aside such
             213      funds prior to incurring any obligation to be met in whole or in part in such manner. Except
             214      where the Commission makes use of funds available to it under Article V (8) hereof, the
             215      Commission shall not incur any obligation prior to the allotment of funds by the party States
             216      adequate to meet the same.
             217          (4) The Commission shall keep accurate accounts of all receipts and disbursements.
             218      The receipts and disbursements of the Commission shall be subject to the audit and accounting
             219      procedures established under its bylaws. All receipts and disbursements of funds handled by
             220      the Commission shall be audited yearly by a qualified public accountant and the report of the
             221      audit shall be included in and become part of the annual report of the Commission.
             222          (5) The accounts of the Commission shall be open at any reasonable time for
             223      inspection by duly constituted officers of the party States and by any persons authorized by the
             224      Commission.
             225          (6) Nothing contained herein shall be construed to prevent Commission compliance


             226      with laws relating to audit or inspection of accounts by or on behalf of any government
             227      contributing to the support of the Commission.
             228     
Article VIII

             229     
Entry Into Force and Withdrawal

             230          (1) This Compact shall enter into force when enacted into law by any four or more
             231      States. Thereafter, this Compact shall become effective as to any other State upon its
             232      enactment thereof.
             233          (2) Any party State may withdraw from this Compact by enacting a statute repealing
             234      the same, but no such withdrawal shall take effect until one year after the Governor of the
             235      withdrawing State has given notice in writing of the withdrawal to the Governors of all other
             236      party States. No withdrawal shall affect any liability previously and separately agreed to, and
             237      already incurred by or chargeable to a party State, under Article VII (2), prior to the time of
             238      such withdrawal.
             239     
Article IX

             240     
Effect On Other Laws

             241          Nothing in this Compact shall be construed to limit, repeal or supersede any other law
             242      of any party State.
             243     
Article X

             244     
Construction and Severability

             245          This Compact shall be liberally construed so as to effectuate the purposes thereof. The
             246      provisions of this Compact shall be severable and if any phrase, clause, sentence or provision
             247      of this Compact is declared to be contrary to the constitution of any State or of the United
             248      States, or the applicability thereof to any government, agency, person or circumstance is held
             249      invalid, the validity of the remainder of this Compact and the applicability thereof to any
             250      government, agency, person or circumstance shall not be affected thereby. If this Compact
             251      shall be held contrary to the constitution of any State participating herein, the Compact shall
             252      remain in full force and effect as to the remaining party States and in full force and effect as to
             253      the State affected as to all severable matters.


             254          Section 3. Section 40-9-103 is enacted to read:
             255          40-9-103. Participation by Utah.
             256          (1) The governor may appoint the director of the Division of Oil, Gas, and Mining to
             257      serve as the governor's official representative to the Interstate Mining Commission.
             258          (2) A copy of the bylaws of the Interstate Mining Commission shall be:
             259          (a) placed on file with the director of the Division of Oil, Gas, and Mining; and
             260          (b) available, at reasonable times, for inspection by the Legislature or an interested
             261      person.
             262          (3) As used in Article V (1), "agency of the party States" does not mean an agency of
             263      Utah.
             264          (4) A person or entity may not hold Utah liable for the obligations or solvency of:
             265          (a) the retirement system described in Article V (6); or
             266          (b) a program of employee benefits described in Article V (6).


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