BY-LAWS

Adopted January 27, 1993, and as amended March 1, 2007.

ARTICLE I

PURPOSE

The purpose of the National Association of Abandoned Mine Land Programs is as follows:

1. To provide a forum to address current issues, discuss common problems, and share new technologies regarding the reclamation of abandoned mine lands.
2. To foster positive and productive relationships between the states and tribes represented by the Association and the federal government.
3. To serve as an effective, unified voice when presenting states'/tribes' common viewpoints.
4. To coordinate, cooperate, and communicate with the Interstate Mining Compact Commission, Western Interstate Energy Board, and all other organizations dedicated to the wise use and restoration of our natural resources.

ARTICLE II

MEMBERSHIP

Section 1 - Eligibility

Membership is open to any state or Indian tribe which has reclamation activities funded through the Office of Surface Mining Reclamation and Enforcement (OSMRE) within their geographic boundary, pursuant to Title IV of Public Law 95-87, the Surface Mining Control and Reclamation Act of 1977 (SMCRA). States and tribes without OSMRE-funded reclamation activities within their geographic boundaries are also eligible for membership, subject to the limitations set forth in Article IV, Section 4.   Individual memberships will not be offered.

Section 2 - Dues

Dues may be assessed by the Association, with ratification by the Membership, as per Article V, Section 1B.  If assessed, all members shall be required to pay dues by the deadlines fixed by the Finance Committee in order to remain in good standing and retain membership and/or voting rights. Dues shall not exceed $250.00 per annum.

ARTICLE III

OFFICERS

Section 1 - Elected Officers

Officers of the Association shall be President, Vice President, and Secretary/Treasurer. Officers shall be elected by a plurality of votes at the annual conference business meeting through an open nomination format and shall be a named delegate or alternate from any member state or tribe. If more than one candidate is nominated for an office, the vote shall be by secret ballot. Only one representative from a member state or tribe may serve as an officer at any one time.

Section 2 - Term of Office

All elected officers shall serve one-year terms and will begin their terms immediately following the business meeting at which they were elected. Officers shall be limited to two consecutive terms in the same office but are eligible to return to that office following a two-year hiatus.

Section 3 - President

The President shall preside over all meetings of the Association and will serve as the official representative of the Association. The President shall set the agenda for regular business meetings and call additional meetings by request of a majority of the Membership. The President will affix his/her signature to formal resolutions, minutes of meetings, and other pertinent documents and will appoint the Chairpersons of all committees, except the Membership Committee, as per Article V, Section 5.

Section 4 - Vice-President

The Vice President shall act as an assistant to the President and shall perform the duties of the President in his/her absence from a business meeting. The Vice President shall serve as Chairperson of the Membership Committee. The Vice President will also assume the full duties of the President in the event a mid-term vacancy occurs.

Section 5 - Secretary/Treasurer

The Secretary/Treasurer shall prepare and keep a record of the minutes of all business meetings of the Association and shall, along with the President, sign all the minutes prepared under his/her direction. As Treasurer, he/she shall be the custodian of all funds of the Association and shall present a financial report to the Membership at the annual conference and all formal business meetings. The Secretary/Treasurer shall also collect dues if they are assessed in accordance with Article V, Section 1B.

Section 6 - Removal

Any officer elected by the Association may be removed from office by a two-thirds majority vote of the Membership.

Section 7 - Vacancies

A vacancy in the office of President shall be filled in accordance with Article III, Section 4. Vacancies in the office of the Vice President or Secretary/Treasurer shall be filled by a special election.

ARTICLE IV

MEETINGS

Section 1 - Annual Conference

There shall be an annual technical conference of the Association at a location chosen by the Membership. The Association shall develop guidelines for developing the annual technical conference.

Section 2 - Business Meeting

There shall be not less than one business meeting per year, which shall be held in conjunction with the annual conference. Additional meetings may be called if determined necessary by the officers or if requested by a majority of the Membership.

Section 3 - Quorum

Attendance by a simple majority (51 percent) of the Membership shall constitute a quorum for all business meetings.

Section 4 - Voting

Voting shall be limited to one vote per Member. Members that do not have OSMRE-funded reclamation activities within their geographic boundaries will be required to abstain from voting on OSMRE grant or SMCRA-related issues.

Each Member shall name a delegate and an alternate to represent the state or tribe at all Association business meetings. In the event both the named delegate and the alternate are unable to attend a meeting, the delegate may appoint a replacement to represent his/her own state or tribe through written notification to the Chairperson of the Membership Committee in advance of the meeting.

Proxy voting by other members on behalf of Member states or tribes that are unable to attend a business meeting will be allowed only if written notice of the proxy assignment has also been given to the Chairperson of the Membership Committee prior to the business meeting. The proxy notice will be read into the record of the meeting by the President prior to the start of the business meeting for which it applies. Proxy representation will not be counted for purposes of achieving a meeting quorum per Section 3, above.

Voting by mail ballot may also be conducted at the request of the President.

To pass, a resolution of the Association will require a unanimous vote from the attending Members and those with approved proxy authority. Voting for all resolutions will be by Roll Call and will be recorded accordingly in the meeting minutes. Resolutions that fail for lack of a unanimous vote may be reflected as an opinion of the Association indicating majority and minority votes and, if requested, respective narrative viewpoints [or explanations].

Section 5- Budget Requirements for Meetings

The Association shall develop budgetary guidelines for the annual conference and mid-winter meeting.

ARTICLE V

COMMITTEES

Section 1 - Listing

There shall be four standing committees of the Association appointed from the Membership as defined in Article II.

A. Membership Committee

Maintains Membership rolls, mailing lists, and names of Member delegates; makes a record of attendance for all meetings, including all Members, designees, and proxy assignments; and determines eligibility of new Members. The Committee also shall maintain a listing of other committee assignments, membership and terms, and shall actively work to promote Association Membership. The Vice President shall serve as the statutory Chairperson of the Membership Committee as per Article III, Section 4.

B. Finance Committee

Reviews and audits the financial reports of the Treasurer; recommends amount of annual dues to be paid by the Membership, with ratification by a two-thirds majority of the Members; sets dates for payment of annual dues; makes recommendations with regard to outside professional services described in Article VI; confers with the Treasurer and jointly prepares federal tax reports when required; and performs other duties related to financial matters as may be assigned by the President.

C. Public Information/Education Committee

Develops newsletters, public information documents, and accomplishment charts; provides assistance to the host state in marketing the annual conference; and coordinates the development of education materials directed to the Office of Surface Mining Reclamation and Enforcement, members of Congress, or other interested parties, as determined necessary by the Membership.

D. Research Committee

Works directly with the responsible federal agency on setting priorities for the AML research program, reviews research proposals, and reports to the Membership at the business meetings.

Section 2 - Other Committees

The President may establish, on an as-needed basis, other committees or working groups dedicated to specific topics or the development of Association positions on special issues.

Section 3 - Duties

Each committee shall function as a task force within its specific topic area and shall be authorized to formulate Association positions for consideration by the Membership.

Section 4 - Committee Membership

Committees shall consist of volunteers from the Membership. The size limits for each committee shall be determined by the President with concurrence by a majority of the Membership.

Section 5 - Chairperson

With the exception of the Membership Committee, the President shall appoint a Chairperson to each committee from among the committee membership.

Section 6 - Length of Term

All committee members, including Chairpersons, shall serve a two-year term, with the exception of the Chairperson of the Membership Committee (Vice President), who shall be limited to a one-year term, unless re-elected to the office of Vice President as per Article III. Committee members may serve consecutive terms on a committee if there are no new volunteers.

ARTICLE VI

PROFESSIONAL SERVICES

The Association is empowered to purchase commodities (letterhead, postage, copy paper, newsletters, etc.), to hire staff, or enter into contractual arrangements with outside organizations, vendors or individuals in order to further the goals of the Association. Contractual obligations must be in written form and be executed by the President and Secretary/Treasurer, with the concurrence of the Finance Committee that sufficient funds are available to carry out the contractual obligation.

ARTICLE VII

AMENDMENTS

By-laws may be amended by a two-thirds majority vote of the attending Members at a duly called business meeting, provided that any proposed amendment has been mailed with a notice of the vote at least 30 days prior to the scheduled vote. However, any proposed amendments to Article IV, Section 4, Paragraph 5 or Article VII with respect to resolutions of the Association shall require a unanimous vote.

ARTICLE VIII

NONPROFIT ORGANIZATION

The Association shall be a nonprofit organization formed for the benefit of the public. The Association shall be incorporated as a public benefit corporation in the State of Wyoming. No distributions, payments of dividends, or any part of the income or profit of the Association shall be made to any member, director, or officer. The Association shall not lend money to any member, officer, director, or organization.

Members shall not be admitted without their consent. Members may not transfer their membership to any individual, state, tribe, or other organization. The Association may not purchase any of its memberships. Members may be expelled only under a procedure that is fair and reasonable. The Association shall give fair and reasonable notice to members of any meetings.

Members shall elect no less than three individuals as officers, and those officers also shall serve as the directors of the corporation and comprise the board of directors. The officers shall have the power to act during an emergency. Officers are not individually liable for any actions, inactions, or omissions by the nonprofit corporation.

Any proxy voting shall be valid only for the meeting in which the proxy was read into the record. The minimum vote required for a plan of merger, plan of consolidation, sale of assets not in the regular course of business, or the dissolution of the Association is two-thirds of the votes cast.

Upon the dissolution of the Assocation any assets will be distributed to member states and tribes in proportion to the support paid by each member state and tribe during the most recently completed fiscal year of the Association, and the member states and tribes receiving such distributions shall expend such assets for a public purpose.