§ 23-2722. Interstate mining compact.\n The "interstate mining compact" is hereby enacted into law and entered\ninto by this state with all other states legally joining therein in the\nform substantially as follows:\n THE INTERSTATE MINING COMPACT\n ARTICLE I\n POLICIES AND PURPOSES\n There is created the "interstate mining compact".\n 1.1 The party states find that:\n (a) Mining and the contributions thereof to the economy and well-being\nof every state are of basic significance.\n (b) The effects of mining on the availability of land, water and other\nresources for other uses present special problems which properly can be\napproached only with due consideration for the rights and interests of\nthose engaged in mining, those using or proposing to use these resources\nfor other purposes, and the public.\n (c) Measures for the reduction of the adverse effects of mining on\nland, water and other resources may be costly and the devising of means\nto deal with them are of both public and private concern.\n (d) Such variables as soil structure and composition, physiography,\nclimatic conditions, and the needs of the public make impracticable the\napplication to all mining areas of a single standard for the\nconservation, adaption, or restoration of mined land, or the development\nof mineral and other natural resources, but justifiable requirements of\nlaw and practice relating to the effects of mining on land, water, and\nother resources may be reduced in equity or effectiveness unless they\npertain similarly from state to state for all mining operations\nsimilarly situated.\n (e) The states are in a position and have the responsibility to assure\nthat mining shall be conducted in accordance with sound conservation\nprinciples, and with due regard for local conditions.\n 1.2 The purposes of this compact are to:\n (a) Advance the protection and restoration of land, water and other\nresources affected by mining.\n (b) Assist in the reduction or elimination or counteracting of\npollution or deterioration of land, water and air attributable to\nmining.\n (c) Encourage, with due recognition of relevant regional, physical,\nand other differences, programs in each of the party states which will\nachieve comparable results in protecting, conserving, and improving the\nusefulness of natural resources, to the end that the most desirable\nconduct of mining and related operations may be universally facilitated.\n (d) Assist the party states in their efforts to facilitate the use of\nland and other resources affected by mining, so that such use may be\nconsistent with sound land use, public health, and public safety, and to\nthis end to study and recommend, wherever desirable, techniques for the\nimprovement, restoration or protection of such land and other resources.\n (e) Assist in achieving and maintaining an efficient and productive\nmining industry and in increasing economic and other benefits\nattributable to mining.\n ARTICLE II\n DEFINITIONS\n As used in this compact, unless the context clearly requires a\ndifferent construction:\n 2.1 "Mining" means the breaking of the surface soil in order to\nfacilitate or accomplish the extraction or removal of minerals, ores, or\nother solid matter, any activity or process constituting all or part of\na process for the extraction or removal of minerals, ores, and other\nsolid matter from its original location, and the preparation, washing,\ncleaning, or other treatment of minerals, ores, or other solid matter so\nas to make them suitable for commercial, industrial, or construction\nuse; but shall not include those aspects of deep mining not having\nsignificant effect on the surface, and shall not include excavation or\ngrading when conducted solely in aid of on site farming or construction.\n 2.2 "State" means a state of the United States, the Dis
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