                                 CODE OF VIRGINIA

INTERSTATE MINING COMPACT (§ 45.2-201)

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 that 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 that 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:
   				&#8220;Mining&#8221; 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 or grading when conducted solely in aid of onsite
   farming or construction.
   				&#8220;State&#8221; 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 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, the 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 interest 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 that 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 (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 any 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
subsection 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 subdivision 3, 7,
or 8 of Article IV or requesting, accepting, or disposing of funds, services, or
other property pursuant to this subsection, subsection G or H 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 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&#8217;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&#8217;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 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 and functions under this
compact any and all donations, and grants of money, equipment, supplies,
materials, and service, 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 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 subsection A of this article 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 that 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&#8217;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&#8217;s budgets of estimated expenditures and
requests for appropriations shall indicate the source or sources used in
obtaining information concerning the 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 subsection H 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 where the Commission makes use of funds
available to it under subsection H of Article V, 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.

HISTORY: 1977, c. 468, § 45.1-271; 2021, Sp. Sess. I, c. 387.