NATURAL RESOURCES CODE
CHAPTER 132. INTERSTATE MINING COMPACT
§ 132.001. ADOPTION OF COMPACT. The Interstate Mining
Compact is enacted into law and entered into with all other
jurisdictions legally joining in the compact in the form provided
in Section 132.002 of this code.
Acts 1977, 65th Leg., p. 2633, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 132.002. TEXT OF COMPACT. The Interstate Mining
Compact reads as follows:
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
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 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:
(a) the protection of the public and the protection of
adjoining and other landowners from damage to their land 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;
(b) 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;
(c) the institution and maintenance of suitable
programs of adaptation, restoration, and rehabilitation of mined
land;
(d) 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 on the Interstate
Mining Commission established by Article V of this compact, such
commission shall have power to:
(a) 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;
(b) study the conservation, adaptation, improvement,
and restoration of land and related resources affected by mining;
(c) make recommendations concerning any aspect or
aspects of law or practice and governmental administration dealing
with matters within the purview of this compact;
(d) gather and disseminate information relating to any
of the matters within the purview of this compact;
(e) cooperate with the federal government and any
public or private entities having interest in any subject coming
within the purview of this compact;
(f) consult, on 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;
(g) study and make recommendations with respect to any
practice, process techniques, or course of action that may improve
the efficiency of mining or the economic yield from mining
operations;
(h) 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 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 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 Articles IV(c), IV(g), and IV(h) of this
compact, or requesting, accepting, or disposing of funds, services,
or other property pursuant to this paragraph or Article V(g), V(h),
or VII of this compact, 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 employees. Employees 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 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
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) of this
compact, 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 on 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.
Acts 1977, 65th Leg., p. 2633, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 132.003. ESTABLISHMENT AND DUTIES OF TEXAS MINING
COUNCIL. The Texas Mining Council is established in the office of
the governor and shall perform the duties of the advisory board
provided in Section (a), Article V of the Interstate Mining
Compact.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 132.004. MEMBERSHIP OF TEXAS MINING
COUNCIL. (a) The Texas Mining Council is composed of 11 members
appointed by the governor.
(b) Each member of the Texas Mining Council shall be a
member of the general public who has demonstrated a continuing
interest in conservation matters, the head of a state agency,
board, or commission, or a representative of the mining industry.
(c) Of the 11 members of the Texas Mining Council, at least
three shall be members of the general public who have demonstrated
an interest in conservation matters, at least three shall be
representatives of the mining industry, and at least two shall be
heads of state agencies, boards, or commissions.
(d) The service of members who are heads of state agencies,
boards, or commissions is in addition to their other duties.
(e) A person serving as a member of the Texas Mining Council
who is the head of a state agency, board, or commission ceases to be
a member of the council if he ceases to be head of a state agency,
board, or commission.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 132.0041. LIMITATIONS ON COUNCIL MEMBERSHIP. (a) A
member or employee of the council may not be an officer, employee,
or paid consultant of a trade association for an industry that is
engaged in any of the types of mining defined by Section (a),
Article II of the Interstate Mining Compact.
(b) A person is not eligible for appointment as a public
member of the council if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization related to the field of
mining as defined by Section (a), Article II of the Interstate
Mining Compact; or
(2) has, other than as a consumer, a financial
interest in a business entity related to the field of mining as
defined by Section (a), Article II of the Interstate Mining
Compact.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, § 1, eff. Aug.
29, 1983.
§ 132.0042. REMOVAL OF COUNCIL MEMBERS. (a) It is a
ground for removal from the council if a member:
(1) does not have at the time of appointment the
qualifications required by Section 132.004 of this code for
appointment to the council;
(2) does not maintain during the service on the
council the qualifications required by Section 132.004 of this code
for appointment to the council; or
(3) violates a prohibition established by Section
132.0041 of this code.
(b) The validity of an action of the council is not affected
by the fact that it was taken when a ground for removal of a member
of the council existed.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, § 1, eff. Aug.
29, 1983.
§ 132.005. TERMS OF OFFICE. Members of the Texas Mining
Council shall serve for terms of two years.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 132.0051. COUNCIL CHAIRMAN. The member of the council
selected as the governor's alternate under Section (a), Article V
of the Interstate Mining Compact serves as chairman of the council.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, § 1, eff. Aug.
29, 1983.
§ 132.006. COMPENSATION AND TRAVEL EXPENSES. (a) The
members of the Texas Mining Council are not entitled to
compensation for their services.
(b) The members of the Texas Mining Council are entitled to
receive actual expenses incurred for attendance at council meetings
or attendance at meetings of the Interstate Mining Commission as
alternate for the governor.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 132.007. MEMBERSHIP IN EMPLOYEES RETIREMENT
SYSTEM. (a) The Employees Retirement System of Texas may enter
into agreements with the Interstate Mining Commission for
participation in the retirement system and other benefit programs
for state employees administered by the agency or agencies.
(b) An agreement made under this section shall provide, as
nearly as possible, for rights, contributions, obligations, and
benefits comparable to those accorded employees of this state
participating in or benefiting from the program involved.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 132.008. FILING BYLAWS AND AMENDMENTS. A copy of the
bylaws and all amendments to the bylaws of the Interstate Mining
Commission promulgated under Section (i), Article V of the
Interstate Mining Compact shall be filed in the office of the
Secretary of State.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 132.0081. ANNUAL REPORT. On or before October 1 of
each year, the office of the Interstate Mining Compact Commissioner
for Texas shall prepare and file with the presiding officer of each
house of the legislature a complete and detailed written report
describing activities of the office relating to this state's
participation in the Interstate Mining Compact and accounting for
all funds received and disbursed by the office during the preceding
year. The report must be included as part of the annual financial
report of the governor's office.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, § 1, eff. Aug.
29, 1983.
