Pennsylvania Act 1966-2 (session 1) — "INTERSTATE MINING COMPACT"

Act text

"INTERSTATE MINING COMPACT"
          Act of May 5, 1966, Special Session 1, P.L. 40, No. 2       Cl. 52
                      Special Session No. 1 of 1966
                                No. 1966-2

                                  AN ACT

     Providing that the Commonwealth of Pennsylvania enter into the
        interstate mining compact to assure sound mining practices
        with other States of the United States of America which are
        signatories thereto, granting to the Governor authority to
        execute such compact, and to serve as the official
        representative of the Commonwealth, creating a Mining
        Practices Advisory Council.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Governor of this Commonwealth is hereby
     authorized and directed to execute, on behalf of the
     Commonwealth, the interstate mining compact to assure sound
     mining practices.
        Section 2.  The form and contents of such compact are as
     follows, and the effect of its provisions shall be interpreted
     and administered in conformity with the provisions of this act:

                        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 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.
        3.  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.
        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, 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:
        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 the 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 locations; 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.
        (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 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:
        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 for
     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
     resources available therefor, 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

        (a)  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 his party State, each Governor
     shall 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
     his responsibilities as the commissioner of his State 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 shall
     designate an alternate, from among the members of the advisory
     body required by this paragraph, who shall represent him and act
     in his 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, Articles 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 the 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 transacting of its business. 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
     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 amount 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 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.
        (f)  The Commission may establish and maintain independently
     or in conjunction with a party State, a suitable retirement
     system for its employes. Employes 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 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 employe
     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
     governmental agency, or from any person, firm, association or
     corporation.
        (h)  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 paragraph or services borrowed pursuant to
     paragraph (g) of this article shall be reported in the annual
     report of the Commission. 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.
        (i)  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.
        (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 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 shall include private persons and public officials, and
     shall cooperate with and use the 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

        (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
     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.
        (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 available 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 available 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 the 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 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 shall
     affect 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.
        Section 3.  The Governor of this Commonwealth is further
     authorized and empowered on behalf of the Commonwealth to
     execute agreements for the further extension of the operation of
     such compact and to determine if and when it shall be for the
     best interest of this Commonwealth to withdraw from such compact
     upon giving the notice as provided therein.
        Section 4.  The Governor of this Commonwealth shall be the
     official representative of this Commonwealth on the Interstate
     Mining Commission created by the interstate compact and shall
     exercise and perform for this Commonwealth all the powers and
     duties enjoined by such compact. He may appoint a substitute
     representative, who shall be a resident of this Commonwealth and
     who shall have some mining background or training. The
     substitute representative during the period for which he is
     designated shall exercise all the powers and duties of the
     official representative as a member of such commission.
        Section 5.  When the Governor on behalf of this Commonwealth
     executes the compact herein set forth or any agreements for
     extension of its operations, he shall affix his signature
     thereto under a recital that such compact or agreements are
     executed pursuant to the provisions thereof, subject to the
     limitations and qualifications contained in the sections of this
     act in aid and furtherance thereof.
        Section 6.  (a)  A Mining Practices Advisory Council,
     hereinafter called "Council," is hereby established in the
     office of the Governor. The Council shall be the advisory body
     referred to in Article V(a) of the Interstate Mining Compact. No
     member of the Council shall receive any compensation on account
     of his service thereon, but any such member shall be entitled to
     reimbursement for expenses actually incurred by him in
     connection with his service as the Governor's alternate on the
     Interstate Mining Commission, or in attending meetings of the
     Advisory Council.
        (b)  The Council shall be composed of not to exceed eleven
     members: at least three of whom shall be representative of
     mining industries; at least three of whom shall be
     representative of nongovernmental conservation interests; and at
     least two of whom shall be the heads of State departments or
     agencies administering programs related to the interests of the
     Interstate Mining Commission.
        Section 7.  In accordance with Article V(i) of the compact,
     the Interstate Mining Commission shall file copies of its bylaws
     and any amendments thereto with the Commission.
        Section 8.  This act shall take effect immediately.