SENATE BILL 173

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Carlos R. Cisneros

AN ACT

RELATING TO MINING; ENACTING THE INTERSTATE MINING COMPACT ACT TO PROVIDE FOR NEW MEXICO'S ENTRY TO MEMBERSHIP ON THE INTERSTATE MINING COMPACT COMMISSION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Interstate Mining Compact Act".

     SECTION 2. [NEW MATERIAL] INTERSTATE MINING COMPACT-- FINDINGS AND PURPOSE.--

          A. The legislature finds that:

                (1) mining constitutes a significant aspect of the state's economy;

                (2) the Interstate Mining Compact was established in 1966 to provide a forum for states with significant mining activity to exchange ideas on mining technology, conservation and reclamation practices and to generate consensus policies for use as desired by member states and for use in congress and at the federal level of government; and

                (3) membership in the compact will provide the governor, as the representative of New Mexico on the Interstate Mining Compact commission, direct input on significant mining issues and policies and provide access to ideas and sources of information not otherwise available, which may enable the state to initiate progressive or desired policies and mining-control techniques that will benefit the residents of New Mexico and the mining industry in the state.

          B. The purpose of Interstate Mining Compact Act is to:

                (1) advance the protection and restoration of land, water and other resources affected by mining;

                (2) assist in the reduction, 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 study and recommend, wherever desirable, techniques for the improvement, restoration or protection of land and other resources; and

                (5) assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.

     SECTION 3. [NEW MATERIAL] MEMBERSHIP.--

          A. The Interstate Mining Compact is adopted. Pursuant to the findings and purpose set forth in the Interstate Mining Compact Act, the governor is authorized to participate in the Interstate Mining Compact as a member of the Interstate Mining Compact commission.

          B. The governor may designate the secretary of energy, minerals and natural resources or the director of the mining and minerals division of the energy, minerals and natural resources department as the governor's alternate to the Interstate Mining Compact commission.

     SECTION 4. [NEW MATERIAL] LIMITATIONS.--

          A. No provisions of the Interstate Mining Compact Act or any policies of the Interstate Mining Compact commission shall be construed to limit, repeal or supersede any law of the state of New Mexico.

          B. The governor and the legislature or their designated agents shall have the right to inspect the books and accounts of the Interstate Mining Compact commission at any reasonable time while the state of New Mexico is a member.

          C. The secretary of energy, minerals and natural resources shall file with the state records administrator a copy of the bylaws of the Interstate Mining Compact commission and any other compact documents required by Section 14-3-20 NMSA 1978.

     SECTION 5. [NEW MATERIAL] EXPENSES.--The secretary of energy, minerals and natural resources may pay annual membership dues to the Interstate Mining Compact commission out of fees collected under the Surface Mining Act or from funds granted to the state by the federal office of surface mining reclamation and enforcement of the department of the interior.

     SECTION 6. [NEW MATERIAL] GENERAL POWER OF GOVERNOR AND WITHDRAWAL.--

          A. The governor is authorized to exercise all the power of the office of the governor necessary to maintain the state of New Mexico in good standing as a member of and to participate on the Interstate Mining Compact commission.  

          B. After the governor has provided one year's notice in writing to the governors of all other member states, the legislature, by repeal of the Interstate Mining Compact Act, may withdraw from the Interstate Mining Compact.

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