Okla. Stat. tit. 45, § 45-851

The Interstate Mining Compact is hereby entered into by this

state with any and all other states legally joining therein in

accordance with its terms, in the form substantially as follows:

ARTICLE I. FINDING 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

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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.
inal 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:

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,

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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
e 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 Articles 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

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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.
r

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,

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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.
ssion

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

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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 (1) 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

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in full force and effect as to the state affected as to all

severable matters.