Section 27.08.010. Compact enacted.

The Interstate Mining Compact contained in this section is enacted into law and entered into as follows: 
                                                                 
 INTERSTATE MINING COMPACT                                       
 ARTICLE I                                                       
 FINDINGS AND PURPOSE                                            
   (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  
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;                                  
    (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
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                                
   (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 shall not include those aspects of deep mining
 not having significant effect on the surface, and shall not include   
excavation of grading when conducted solely in aid of on-site farming
 or construction;                                                      
   (2) 'state' means a state of the United States, the District of     
Columbia, the Commonwealth of Puerto Rico, or 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, such      
commission shall have the 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 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                                                  
   (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 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.
 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, the governor shall designate an alternate 
who shall represent the governor and act in the governor's 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, Article 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     
transaction 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  
chair, a vice-chair, and a treasurer. The commission shall appoint an  
executive director and fix the executive director's 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 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 
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 of
 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 request 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) thereof, 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 a 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.                     

Notes

History

(Sec. 1 ch 7 SLA 2013)