Rule2026-03413
West Virginia Regulatory Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 20, 2026
Effective
March 23, 2026
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are publishing this final rule to amend the existing Federal Lands Cooperative Agreement between West Virginia and the U.S. Department of the Interior (Department). The Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) and the Federal regulations authorize a State with an approved permanent regulatory program to enter into an agreement for the State regulation of surface coal mining and reclamation operations on Federal lands. West Virginia's existing cooperative agreement with the Department was adopted in February 1984, to allow for the State regulation of SMCRA on Federal lands within West Virginia under its approved permanent regulatory program (the West Virginia program).
Full Text
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<title>Federal Register, Volume 91 Issue 34 (Friday, February 20, 2026)</title>
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[Federal Register Volume 91, Number 34 (Friday, February 20, 2026)]
[Rules and Regulations]
[Pages 8072-8083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03413]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
[SATS No. WV-120-FOR; Docket ID: OSM-2014-0006; S1D1S SS08011000
SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520]
West Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; cooperative agreement.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are publishing this final rule to amend the existing Federal
Lands Cooperative Agreement between West Virginia and the U.S.
Department of the Interior (Department). The Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act) and the Federal regulations
authorize a State with an approved permanent regulatory program to
enter into an agreement for the State regulation of surface coal mining
and reclamation operations on Federal lands. West Virginia's existing
cooperative agreement with the Department was adopted in February 1984,
to allow for the State regulation of SMCRA on Federal lands within West
Virginia under its approved permanent regulatory program (the West
Virginia program).
DATES: The effective date is March 23, 2026.
FOR FURTHER INFORMATION CONTACT: Justin Adams, Field Office Director,
Charleston Field Office, Office of Surface Mining Reclamation and
Enforcement, 1027 Virginia Street East, Charleston, West Virginia
25301, Telephone: (304) 400-2377, Email: <a href="/cdn-cgi/l/email-protection#88ebe0eee7c8e7fbe5faeda6efe7fe"><span class="__cf_email__" data-cfemail="a6c5cec0c9e6c9d5cbd4c388c1c9d0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the Cooperative Agreement
II. Submission of the Cooperative Agreement
III. Summary of the Cooperative Agreement
Cooperative Agreement
Article I: Introduction, Purpose and Responsible Administrative
Agency
Article II: Effective Date
Article III: Definitions
Article IV: Applicability
Article V: Requirements for Cooperative Agreement
Article VI: Review of a Permit Application Package
Article VII: Inspections
Article VIII: Enforcement
Article IX: Bonds
Article X: Termination of Cooperative Agreement
Article XI: Reinstatement of Cooperative Agreement
Article XII: Amendment of Cooperative Agreement
Article XIII: Changes in State or Federal Standards
Article XIV: Changes in Personnel and Organization
Article XV: Reservation of Rights
IV. Public Comments
V. Statutory and Executive Order Reviews
I. Background on the Cooperative Agreement
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, State laws and regulations
that govern surface coal mining and reclamation operations in
accordance with the Act and consistent with the Federal regulations.
See 30 U.S.C. 1253(a)(1) and (7). On the basis of the criteria outlined
in Section 503(a) of SMCRA, the Secretary of the Interior conditionally
approved the West Virginia program on January 21, 1981. Background
information on the West Virginia program, including the Secretary's
findings, the disposition of comments, and conditions of approval, is
found in the January 21, 1981, Federal Register (46 FR 5915). Later
actions concerning the West Virginia program and program amendments can
be found at 30 CFR 948.10 (State regulatory program approval), 948.12
(State statutory, regulatory, and proposed program amendment provisions
not approved), 948.13 (State statutory and regulatory provisions set
aside), 948.15 (Approval of West Virginia's regulatory program
amendments), and 948.16 (Required regulatory program amendments).
Section 523(c) of the Act permits a State with a permanent
regulatory program to enter into a cooperative agreement with the
Department for the regulation of surface coal mining and reclamation
operations on Federal lands within the State. 30 U.S.C. 1273(c). West
Virginia sent a request, received by us on August 26, 1981, proposing
to enter into a Federal Lands Cooperative Agreement (herein referred to
as the existing cooperative agreement) between the Department and the
State of West Virginia to grant West Virginia the ability to administer
its approved regulatory program on Federal lands within West Virginia.
West Virginia's existing cooperative agreement was approved on February
24, 1984, and the final rule notice was published in the March 9, 1984,
Federal Register (49 FR 8913). Several years have passed since the
original agreement was adopted, and West Virginia proposed to amend the
[[Page 8073]]
existing cooperative agreement to reflect the operative statutes and
regulations, and agency responsibilities associated with the regulation
of coal mining and reclamation activities on Federal lands covered by
the agreement. The revised cooperative agreement will also grant the
State the additional authority to regulate all coal exploration
activities on Federal lands, except for those subject to 43 CFR part
3400, and the primary responsibility to review and approve coal mining
permits involving leased Federal coal.
II. Submission of the Cooperative Agreement
On August 5, 2014, the West Virginia Department of Environmental
Protection (WVDEP) submitted a proposed, revised cooperative agreement
(herein referred to as the revised cooperative agreement) to address
several changes that have occurred since the existing cooperative
agreement was adopted. (Administrative Record No. WV-1599). Before
submitting its draft revised cooperative agreement, WVDEP collaborated
with OSMRE's Charleston Field Office (CHFO).
The regulatory provision authorizing the amendment of cooperative
agreements is found in 30 CFR 745.14. This provision provides that a
cooperative agreement, which has been approved pursuant to 30 CFR
745.11, may be amended by mutual agreement of the Secretary and the
Governor of a State.
Amendments to a cooperative agreement must be adopted by the
Federal rulemaking process in accordance with 30 CFR 745.11. Section
745.11(b)(1) requires information sufficient for OSMRE to make findings
in accordance with paragraph (f) that the State has: (1) an approved
program; (2) sufficient budget, equipment, and personnel to enforce its
program on Federal lands in the state; and (3) legal authority to enter
into the cooperative agreement. Section 745.11(b)(2) requires a
cooperative agreement, consistent with the requirements of 30 CFR part
745, and Sec. 745.11(b)(3) requires a certification from the State
Attorney General or the chief legal officer of the State regulatory
authority that no state statutory, regulatory, or legal constraints
exist that would preclude the state from fully carrying out the
cooperative agreement. The information relating to the budget,
staffing, organization, and duties of the State regulatory authority,
WVDEP, was submitted when West Virginia requested its existing
cooperative agreement. We have determined that the information provided
at that time satisfies the requirements for the proposed amendments to
the cooperative agreement, and no additional information is needed. See
49 FR 8913.
A written certification from the West Virginia Attorney General was
included in the State's request for its existing cooperative agreement.
The Attorney General concluded that no State statutory, regulatory, or
other legal constraint exists that would limit the capability of the
State to fully comply with section 523(c) of the Act, as implemented by
30 CFR part 745. By letter dated July 7, 2014, WVDEP's General Counsel
certified the same about the agency's August 5, 2014, proposed, revised
cooperative agreement. WVDEP included this letter with its submission.
III. Summary of the Cooperative Agreement
By mutual agreement between the Governor of West Virginia and the
Secretary, with the Secretary's understandings and limitations provided
herein, the proposed amendments to the cooperative agreement, published
in the Federal Register on July 20, 2020 (85 FR 43761), are being
adopted as final with certain revisions described below and minor non-
substantive revisions. A discussion of the terms of the cooperative
agreement follows. The full text of the cooperative agreement will be
published as an appendix to 30 CFR 948.30.
Preamble or Introduction to the Cooperative Agreement
Sets forth the parties to the Cooperative Agreement.
Article I: Introduction, Purpose, and Responsible Agency
Paragraph A. Authority is amended to clarify that surface coal
mining and reclamation operations include ``surface operations and
surface impacts incident to underground mining operations.'' Paragraph
A is further amended to provide (1) reference to activities reserved
for the Bureau of Land Management (BLM), such as the ability to lease
Federal coal subject to 43 CFR parts 3400 through 3480 and activities
reserved for OSMRE through the mining plan approval process at 30 CFR
part 746; (2) explains that the State regulation will be conducted in a
manner consistent with SMCRA, the Federal lands program pursuant to 30
CFR parts 740, 745, and 746, and the approved West Virginia program;
and (3) delegates authority to the State to review and approve coal
exploration activities on Federal lands within West Virginia except
those activities reserved for BLM under 43 CFR part 3400. We made
several minor revisions in this section and throughout the revised
cooperative agreement to clarify and emphasize that coal exploration
activities subject to BLM's authority under 43 CFR part 3400 are not
covered by this agreement.
Paragraph B. Purposes is amended for clarity and to account for
coal exploration not subject to BLM authority.
Paragraph C. Responsible Administrative Agencies indicates that the
WVDEP is authorized to regulate coal mining in West Virginia subject to
oversight from OSMRE, as provided in SMCRA; WVDEP is authorized to
administer this cooperative agreement on behalf of the Governor; and
that OSMRE will administer this cooperative agreement on behalf of the
Secretary, in accordance with the regulations in 30 CFR chapter VII.
Article II: Effective Date provides that, after the cooperative
agreement has been signed by the Secretary and the Governor, it will
become effective 30 days after publication in the Federal Register.
This cooperative agreement will remain in effect until terminated, as
provided in Article XI, or superseded by amendment, in accordance with
Article XIII, which cites the process under 30 CFR 745.14. We revised
this section to clarify that its effective date is 30 days from
publication in the Federal Register, consistent with section 553(d) of
the Administrative Procedure Act (APA), 5 U.S.C. 553(d), and that
amendment exists as an alternative to termination.
Article III: Definitions expands the list of definition sources,
originally listing 30 CFR parts 700, 701, and 740, and the State
program, to incorporate SMCRA, 30 CFR 700.5, 701.5 and 740.5, the West
Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), the Office
of Explosives and Blasting, and the rules and regulations promulgated
pursuant to those Acts. Moreover, it resolves instances where a
conflict occurs between State and Federal definitions, stating that the
definitions used in the approved State program will apply, except for
instances where a term conflicts with the Secretary's remaining
responsibilities under SMCRA and other laws, and the definition of
``valid existing rights,'' for which WVDEP will use the Federal
definition. We revised Article III from the version West Virginia
submitted to account for terms that may conflict with the Secretary's
remaining responsibilities under SMCRA and other laws, and to emphasize
that the term ``coal exploration operation(s)'' used in this
[[Page 8074]]
agreement excludes those operations subject to BLM's authority under 43
CFR part 3400.
Article IV: Applicability provides clarity that although the laws,
regulations, terms and conditions of the West Virginia program are
applicable to Federal lands in the State through the cooperative
agreement, certain authority or responsibilities are reserved and
cannot be delegated to the State as the regulatory authority. Further,
it includes current statutory and regulatory references that are
relevant but not presently included. This Article further states that
WVDEP would be primarily responsible for regulating coal mine sites
that may involve Federal coal, which is discussed further below.
This Article further provides that the State Surface Mine Board is
the appropriate entity to receive appeals of orders and decisions
issued by WVDEP and that the Department of the Interior's Office of
Hearings and Appeals is the appropriate entity to receive appeals of
orders and decisions issued by the Secretary or OSMRE.
Article V: General Requirements.
Paragraph A. Authority of State Agency provides that WVDEP has, and
will continue to have, the authority to carry out the terms of this
cooperative agreement.
Paragraph B. Funding states that WVDEP will be provided with the
necessary funds to cover the full cost incurred by the State in
carrying out its responsibilities under this cooperative agreement,
subject to the availability of appropriations and provided that such
cost does not exceed the estimated cost that the Federal government
would have expended on such responsibilities in the absence of this
cooperative agreement. Further, it includes current references to
Federal regulations and guidance that are relevant, but not presently
included, and provides that if sufficient funds are not appropriated to
OSMRE, OSMRE and WVDEP will meet to decide on appropriate measures to
ensure that coal operations subject to regulation under the cooperative
agreement remain regulated in accordance with the State program.
Paragraph C. Reports and Records requires the State, pursuant to 30
CFR 745.12(d), to report its compliance with the cooperative agreement
to us on a regular basis. Further, the provision provides that OSMRE
will provide WVDEP a copy of any final evaluation report concerning the
State's administration and enforcement of this cooperative agreement
and is amended to acknowledge WVDEP's ability to provide comments on
such reports.
Paragraph D. Personnel requires the State to provide the necessary
personnel and access to facilities to implement this cooperative
agreement. However, the revised cooperative agreement would make the
existing personnel requirements contingent upon adequate appropriations
and grant awards.
Paragraph E. Equipment and Facilities provides that WVDEP will
ensure it has access to equipment, laboratories, and facilities to
perform all necessary inspections, investigations, studies, tests, and
analyses. However, the revised cooperative agreement would make the
existing equipment and facilities requirements contingent upon adequate
appropriations and grant awards.
Paragraph F. Permit Application Fees and Civil and Criminal
Penalties is amended to incorporate coal exploration application fees.
It requires civil and criminal penalties and fines collected by the
State from operations on Federal lands to be deposited in the State's
Special Reclamation Fund and Special Reclamation Water Trust Fund and
allows the State to consider all permit application fees collected as
program income to be retained by the State and deposited within WVDEP's
Mining and Reclamation Operation Fund. We made a minor revision to
specify that civil penalty money collected by the State gets deposited
in this way to distinguish from civil penalty money collected by OSMRE
in its oversight capacity, which is subject to the uses specified in 30
CFR 845.21. Additionally, a requirement to submit a financial status
report pursuant to 30 CFR 735.26 requires that the State report the
permit fee, penalty, and fine amounts collected from operations on
Federal lands covered by this agreement during the prior grant year.
This amendment also deletes a provision from Paragraph F that required
that the funds ``be disposed of in accordance with Federal regulations,
and OMB Circular No. A-102, Attachment E.'' Attachment E (Program
Income) of OMB Circular No. A-102, in effect at the time of the
original cooperative agreement, has since been replaced by provisions
addressing program income in the Office of Management and Budget's
Common Rule for Uniform Administration Requirements for Grants and
Cooperative Agreements to State and Local Governments (2 CFR part 200).
The reference to the Common Rule was moved to Article V, Paragraph B
(Funding) above.
Article VI: Review of Permit Application updates the procedures,
responsibilities of each agency, and agency coordination associated
with permitting on Federal lands covered by this agreement. WVDEP is
primarily responsible for reviewing and approving coal mining permits
involving Federal and privately owned coal as well as the authority to
regulate all surface coal mining and reclamation operations on Federal
lands covered by this agreement. This article provides a more thorough
outline of the specific duties assigned to the State or Federal agency
for permitting actions, including the agency responsibilities and
review procedures for operations involving Federal surface and leased
Federal coal.
Paragraph A. Responsibilities establishes that WVDEP would continue
to hold the primary responsibility for reviewing and approving a permit
application package. BLM is the agency responsible for matters
concerning Federal coal leases issued under mineral leasing laws, as
well as the regulation of exploration operations involving Federal
coal, both of which fall under 43 CFR part 3400 of the Federal
regulations. In instances where the operation involves leased Federal
coal, OSMRE is required to prepare a mining plan decision document and
make a recommendation to the Secretary to approve, disapprove, or
approve with conditions the mining plan (30 CFR part 746). OSMRE is
also required to consult with and seek concurrence from BLM, any
Federal land management agency, and other relevant Federal agencies, in
order to determine the appropriate mining plan recommendation for the
Secretary.
Paragraph A sets forth the Secretary's reserved right to carry out
certain responsibilities, and act independently of WVDEP, pursuant to
laws other than SMCRA. The cooperative agreement provides a clear
depiction of the Secretary's responsibilities, outlined in 30 CFR
740.4(a), that cannot be delegated to the State under the Federal lands
program, the Mineral Leasing Act of 1920 (MLA), National Environmental
Policy Act of 1969 (NEPA), this cooperative agreement, and other
applicable Federal laws. However, Paragraph A explains that the
Secretary's authority to make certain determinations under SMCRA that
cannot be delegated to WVDEP may be delegated to OSMRE. Although the
Department of the Interior retains responsibilities under NEPA, the
Department of the Interior may request the State's assistance in
preparing documents for NEPA compliance. The cooperative agreement
enables us and the State, with the concurrence of other Federal
agencies involved, to delegate additional responsibilities to WVDEP
under other applicable Federal laws by
[[Page 8075]]
establishing a working cooperative agreement.
Paragraph B. Submission of Permit Application continues to set
forth similar permit application submission procedures as those
provided under Paragraph A. Contents of Permit Application Package of
the existing cooperative agreement and incorporates coal exploration
operations on Federal lands. Paragraph B additionally requires
applicants to satisfy the 30 CFR 740.13(b) requirements, which set
forth the information required for a permit application package,
submission procedures, and other permit requirements.
Paragraph C. Review Procedures provides a more extensive
description of agency responsibilities during permit review. Paragraph
C requires OSMRE and WVDEP to develop a work plan and permit
application review schedule, incorporating the timeframes established
by the approved State program. In addition to agency coordination
procedures, it provides that OSMRE will provide the State with comments
on the application, as well as any requirements for additional data,
within 45 days of receiving the administratively complete permit
application. In the event that OSMRE is unable to provide comments in
that timeframe, we revised the proposed version of this provision to
provide WVDEP a mechanism to elevate the matter to the OSMRE Regional
Director for prompt resolution. This revision reflects that, while we
intend to provide comments or request additional information within 45
days of receiving an application, we cannot through nonaction waive or
abrogate any statutory and regulatory obligations set out in the
authorities expressly reserved to the Secretary under 30 CFR 745.13.
Paragraph C also requires OSMRE to send WVDEP copies of all non-
privileged external correspondence that may have a bearing on the
permit application unless the correspondence is otherwise protected by
Federal law. We revised the proposed version of this provision, which
referenced copies of all correspondence, to reflect that some
correspondence may be privileged or otherwise protected by law from
unnecessary disclosure. See 51 FR 45082, 45083 (Dec. 16, 1986) (adding
a similar limitation to Wyoming's cooperative agreement and referencing
as an example a request for confidentiality by citizen complainant
pursuant to 30 CFR 842.12(b)). We will coordinate the resolution of any
conflicts between WVDEP and other Federal agencies to assist the State
in carrying out its responsibilities. Finally, we revised the proposed
agreement by removing two references to a ``Federal lands liaison,'' a
term which has no statutory or regulatory origin, using instead simply
``primary point of contact.''
Paragraph D. Review Procedures Where There is Federal Surface, but
No Leased Federal Coal Involved clarifies that WVDEP will be
responsible for reviewing permit applications for operations on Federal
lands that do not involve leased Federal coal and do not require a
mining plan.
Paragraph E. Review Procedures Where Federal Surface and Leased
Federal Coal Is Involved allows us to delegate our obligations under 30
CFR 740.4(c)(1), (2), (3), (4), (6), and (7), thereby authorizing WVDEP
to issue permitting decisions for operations on Federal land, review
coal exploration operations not subject to 43 CFR part 3400 and assist
us in the preparation of NEPA documents. After consulting with the
appropriate agency, the revised cooperative agreement would also enable
the State to approve and release bonds and determine the postmining
land use. Paragraph E provides that BLM will notify WVDEP of its
leasing actions and provide a copy of the decision.
Paragraph F. [WV]DEP, OSMRE, and Other Federal Agency Coordination
reiterates the agency coordination required when Federal leased coal is
involved. In addition to discussing WVDEP's responsibility to consult
with BLM and any Federal land management agency when the proposed
permit application involves leased Federal coal, Paragraph F provides
that WVDEP is responsible for seeking comments from other agencies with
jurisdiction over Federal lands affected by the proposed operation.
Further, the State will request that Federal agencies provide their
comments and findings to WVDEP within 45 calendar days after receipt of
the permit application. Pursuant to Paragraph F, WVDEP is also
responsible for providing us with written findings that each permit
application involving lands containing leased Federal coal is in
compliance with the State program.
Paragraph F sets forth the State, OSMRE, and BLM's responsibility
to coordinate with other agencies in instances where the proposed
permit area includes leased Federal coal. The State is required to
provide OSMRE with written findings demonstrating that each permit
application complies with the West Virginia program and to perform a
technical analysis of each application. To make the recommendation for
the Secretary's decision on the mining plan, OSMRE will be required to
consult with and obtain concurrence from BLM, any Federal land
management agency, and any other agency with jurisdiction over Federal
lands affected by the proposed operations. Lastly, Paragraph F of
Article VI establishes a five-day timeframe for BLM to notify the State
of actions taken pursuant to 43 CFR part 3400 and provide documentation
on all leasing decisions.
Paragraph G. Permit Application Decision and Permit Issuance
authorizes the State to approve, disapprove, or conditionally approve
permits for surface coal mining operations and coal exploration
activities on Federal lands covered by this agreement. It requires
certain terms or conditions to be incorporated into State-issued
permits, including but not limited to, lease requirements pursuant to
the MLA and postmining land use conditions imposed by any Federal land
management agency.
Additionally, Paragraph G allows the State to approve a surface
mining permit involving leased Federal coal before the Secretary has
issued a decision on the mining plan. However, it clarifies that the
State will be responsible for informing the operator that permit
issuance is contingent upon the Secretary's approval of the mining plan
or surface mining cannot commence unless the mining plan has been
approved. Further, Paragraph G authorizes the State to reserve the
right to withdraw permit approval or modify the permit requirements to
conform with any terms or conditions imposed by the Secretary in the
approval of the mining plan. We removed references to coal exploration
activities from this section because those activities would be subject
to BLM's authority under 43 CFR part 3400.
Paragraph H. Review Procedures for Permit Revisions; Renewals; and
Transfer, Assignment or Sale of Permit Rights, incorporates the
procedures for the above-listed permit actions. For applications
involving permit revisions or renewals on Federal lands covered by this
agreement, WVDEP is responsible, under the revised cooperative
agreement, for reviewing and approving the proposed permit revision or
renewal. However, the cooperative agreement requires the State to
consult with OSMRE beforehand so that we may determine whether the
proposed permitting action would require a mining plan modification.
Paragraph H requires OSMRE to notify the State, within 15 days of
receiving a copy, if the proposed permit revision or renewal
constitutes a mining plan modification.
[[Page 8076]]
In the event that OSMRE is unable to provide its determination in that
timeframe, we revised the proposed version of this provision to provide
WVDEP a mechanism to elevate the matter to the OSMRE Regional Director
for prompt resolution. This revision reflects that while we intend to
provide our determination with the 15 days, we cannot through inaction
waive or abrogate our obligation to make the determination. When a
mining plan modification requiring Secretarial approval is necessary,
Paragraph H directs OSMRE and the State to follow the procedures
outlined in Paragraph E. Review Procedures Where Federal Surface and
Leased Federal Coal Is Involved of the revised cooperative agreement.
We have removed proposed revisions to Paragraph H stating that we
may establish criteria, consistent with the mining plan modification
criteria set forth in 30 CFR 746.18, to identify those permit revisions
or renewals that clearly do not constitute mining plan modifications.
We began accepting this provision in various state cooperative
agreements beginning in 1985, and most recently in 1999. See 50 FR
30916, 30919, 30923 (July 30, 1985) (approving Alabama cooperative
agreement) and 64 FR 70578, 70582 (Dec. 17, 1999) (approving Indiana
cooperative agreement). In the 40 years since we began approving this
provision, we have not promulgated any such criteria. As we
acknowledged in our approval of the Wyoming cooperative agreement in
1986, ``[s]uch permit revisions and renewals also may not affect the
non-delegable responsibility of OSMRE and other Federal agencies.'' 51
FR 45082, 45087 (Dec. 16, 1986). Because our non-delegable
responsibilities under various Federal statutes have not remained
static, promulgation of this type of criteria has been and remains
imprudent. Should we decide in the future that promulgation of these
criteria is warranted, we will assess their impact on our cooperative
agreements at that time. If we determine that the renewal or revision
does not require a mining plan modification, the cooperative agreement
under Paragraph H directs the State to review the proposed revision or
renewal according to the procedures set forth in the proposed Paragraph
D. Review Procedures Where There is Federal Surface, but No Leased
Federal Coal Involved, the West Virginia Program, and the regulations
at 30 CFR 740.13(d), if applicable.
Paragraph H also requires transfer, assignment, or sale of permit
rights on Federal lands to be processed in accordance with the West
Virginia program and the regulations at 30 CFR 740.13(e). Similar to
the permit revisions or renewals procedures, applications for transfer,
assignment, or sale of permit rights must be evaluated to determine
whether the application requires a mining plan modification. Those
applications that are determined by us to require a mining plan
modification will be processed according to the procedures provided in
Paragraph E. Otherwise, applications that do not require a mining plan
modification will be evaluated by the State according to the procedures
set forth in the proposed Paragraph D of the revised cooperative
agreement.
Article VII: Inspections continues to require WVDEP to perform
inspections on Federal land pursuant to 30 CFR 740.4(c)(5) and provide
OSMRE with a copy of the completed State inspection report. However,
Article VII requires WVDEP to provide OSMRE with access to a copy of
the completed State inspection report after the State conducts an
inspection on Federal lands, on a ``timely basis'', rather than the 15-
day deadline previously required by the cooperative agreement. The
cooperative agreement specifically refers to 30 CFR parts 842 and 843
to clarify that the authority for Federal inspection and monitoring and
Federal enforcement is retained by OSMRE. We made a minor revision to
the proposed provision to clarify that all citizen complaints that do
not involve an imminent danger or significant, imminent environmental
harm will be handled consistent with OSMRE's procedures under section
521 of SMCRA, 30 U.S.C. 1271, and the corresponding regulations under
30 CFR part 842. We removed language that the complaint will be
``referred'' to DEP, language that we first accepted in our approval of
Colorado's cooperative agreement in 1982. See 47 FR 44208 (Oct. 6,
1982). In our approval, we provided, ``[We] have decided to adopt this
comment. However, it should be understood that pursuant to section 521
of [SMCRA], if the State regulatory authority fails within ten days
after notification to take appropriate action to cause such violation
to be corrected or to show good cause for such failure and transmit
notification of its action to the Secretary, the Secretary shall
immediately order Federal inspection of the surface coal mining
operation at which the alleged violation is occurring.'' Id. (internal
quotations omitted). We make this revision here to simply cite to the
established ten-day notice process. Lastly, a provision in the existing
cooperative agreement about State and Department of the Interior
witness availability is moved to Article VIII: Enforcement.
Article VIII: Enforcement clarifies that WVDEP's enforcement
actions include the assessment of civil or criminal penalties in
addition to issuing orders of cessation or notices of violation.
Although the cooperative agreement requires the State to take
appropriate enforcement action, it also requires WVDEP to notify us and
any Federal land management agency of decisions to suspend or revoke a
permit on Federal lands before issuing such decision.
In instances where inspections are conducted solely by us, or
during a joint inspection where WVDEP and OSMRE do not agree on a
particular enforcement action, Article VIII provides that OSMRE may
take any enforcement action necessary to comply with 30 CFR parts 843,
845, and 846. The existing cooperative agreement was amended to add 30
CFR part 846, which relates to individual civil penalties.
Article VIII also provides that permits to conduct coal exploration
or surface coal mining and reclamation operations covered by this
agreement may be suspended or revoked by WVDEP pursuant to the State
program, but issuance of any decision to suspend or revoke a permit on
Federal land requires that WVDEP must first inform us and the Federal
land management agency before its decision is issued. The State will be
required to notify BLM of its decision to revoke or suspend a permit
that is on lands containing leased Federal coal, so BLM may assess
whether cancellation of the Federal lease is necessary. Article VIII
also now contains the provision from Article VII of the existing
cooperative agreement that WVDEP and Department of the Interior
personnel will be mutually available to serve as litigation witnesses
taken by the other agency.
Finally, Article VIII specifies that the cooperative agreement does
not affect or limit the Secretary's authority to enforce violations of
Federal authorities other than SMCRA or the State's authority under
other State laws. For reference, a current list of the most relevant
other authorities is found in Appendix A to the cooperative agreement;
however, this list is not intended to be exhaustive.
Article IX: Bonds incorporates coal exploration activities covered
by this agreement, use of penal bonds, the conversion to a full-cost
reclamation bond in the event the cooperative agreement is suspended or
terminated, and the agency coordination and procedures associated with
bond release and forfeiture. The State and the
[[Page 8077]]
Secretary will require operators conducting coal exploration or surface
coal mining and reclamation activities on Federal lands covered by this
agreement to submit a performance and/or penal bond. The Article
specifies that these requirements include those established by SMCRA,
the State program, other State or Federal laws and regulations, along
with any other requirements imposed by the Secretary or any Federal
land management agency. In order for the State to release the bond, the
State will be required to obtain our concurrence on the bond release,
which, in turn, would require us to consult with any Federal land
management agency and any other agency with jurisdiction or
responsibility over Federal lands affected by the operation. This
Article also requires the State to advise us of any annual adjustments
to the bonds made pursuant to the West Virginia program.
The Article continues to require bonds to be made payable to the
United States in the event the cooperative agreement is terminated.
However, it additionally requires the bond to provide that the portion
covering Federal lands be converted into a full-cost reclamation bond
upon the termination, as well as suspension, of the cooperative
agreement. Further, this Article requires WVDEP, before termination of
the cooperative agreement, to assist us in obtaining the full-cost
reclamation bond from the operator for the areas only covering Federal
lands.
Moreover, the list of funds available to the State in the event of
bond forfeiture will be revised to include the Special Reclamation
Water Trust Fund. Additional language clarifies that reclamation by the
State is to be completed consistent with the West Virginia program, the
reclamation plan, and the current mining plan that were in existence
before the permit was revoked or modified.
Further, this Article includes additional bonding requirements and
would identify the responsible agencies for collection and maintenance
of such bonds. The cooperative agreement provides that we or the
appropriate Federal agency will be responsible for the collection and
maintenance of Federal lease bonds or lessee protection bonds, if such
bonds are required. The cooperative agreement provides that the Federal
agency that holds a Federal lease bond is responsible for compliance
with 43 CFR part 3400 requirements before releasing a Federal lease
bond after concurrence with BLM, if necessary.
Article X is newly added; thus, remaining articles are renumbered
accordingly.
Article X: Designating Land Areas Unsuitable for all or Certain
Types of Surface Mining and Reclamation Operations and Activities and
Valid Existing Rights (VER) and Compatibility Determinations provides a
more extensive outline of the procedures and agency responsibilities
associated with the following determinations.
Paragraph A. Unsuitability Petitions sets forth the Secretary's
reserved authority to designate Federal lands as unsuitable for mining
as provided by 30 CFR 745.13(a). Paragraph A discusses OSMRE's
responsibilities in processing requests for designating Federal lands
as unsuitable for mining and the termination of previous designations
in accordance with 30 CFR part 769. The cooperative agreement provides
the required procedures for State and Federal agency coordination after
a petition to designate lands unsuitable for mining is received.
Following comments from WVDEP, we revised the proposed provision to
include a 5 day timeframe for the agency that receives a petition to
notify the other agency of its receipt.
Paragraph B. Valid Existing Rights Determinations provides the
procedures and appropriate actions to be taken by the applicable State
or Federal agency when requests for determinations of valid existing
rights (VER), pursuant to section 522(e) of SMCRA and the Federal
regulations at 30 CFR 761.11, are received. For private in-holdings
within areas protected under 30 CFR 761.11(a) and SMCRA section
522(e)(1), WVDEP is to process the VER request in accordance with the
State program but use the Federal VER definition at 30 CFR 761.5 when
making VER determinations. The framework in this paragraph is outlined
in 30 CFR 761.16(a).
Paragraph C. Compatibility Determinations outlines the procedures
for compatibility determinations and indicates that the Secretary is
responsible for issuing findings determining whether there are
significant recreational, timber, economic, or other values that may be
incompatible with surface coal mining operations incident to
underground mining on Federal lands within the boundaries of a national
forest protected pursuant to section 522(e)(2) of SMCRA and 30 CFR
761.11(b). Paragraph C lists OSMRE as the responsible agency to process
requests for compatibility determinations in accordance with the
procedures outlined in 30 CFR 761.13.
Article XI: Termination of Cooperative Agreement specifies that
this Cooperative Agreement may be terminated by the Governor or the
Secretary under the provision of 30 CFR 745.15.
Article XII: Reinstatement of Cooperative Agreement provides that
if this Cooperative Agreement is terminated in whole or in part, it may
be reinstated under the provisions of 30 CFR 745.16.
Article XIII: Amendment of Cooperative Agreement provides that this
Cooperative Agreement may be amended by mutual agreement of the
Governor and the Secretary in accordance with 30 CFR 745.14.
Article XIV: Changes in State or Federal Standards, in addition to
renumbering, contains non-substantive wording changes.
Article XV: Changes in Personnel and Organization, in addition to
renumbering, contains non-substantive wording changes.
Article XVI: Reservation of Rights states that this Cooperative
Agreement will not be construed as waiving or preventing the assertion
of any rights in this Cooperative Agreement that the State or the
Secretary may have under laws other than SMCRA and the State program,
including, but not limited to, those listed in Appendix A.
IV. Public Comments
We received only one anonymous comment during the specified comment
period, but it was not germane to the amendment, and, therefore, we
have not provided a response.
V. Statutory and Executive Order Reviews
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule would not result in a taking of private property or
otherwise have taking implications that would result in private
property being taken for government use without just compensation under
the law. This rule revises a cooperative agreement at the request of
the State of West Virginia and will result in the delegation of
additional authority to the State that would otherwise be exercised by
the Department through OSMRE. Therefore, a takings implication
assessment is not required.
[[Page 8078]]
Executive Orders 12866--Regulatory Planning and Review, 13563--
Improving Regulations and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993 (OMB Memo M-94-3), entering into an amended State-Federal
Cooperative Agreement under SMCRA is exempted from OMB review under
Executive Order 12866. Executive Order 13563, which affirms and
supplements Executive Order 12866, retains this exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule, as required
by Section 3 of Executive Order 12988. The Department determined that
this Federal Register document meets the criteria of Section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and proposed regulations to eliminate drafting
errors and ambiguity; that the agency write its legislation and
regulations to minimize litigation; and that the agency's legislation
and regulations provide a clear legal standard for affected conduct
rather than a general standard, and promote simplification and burden
reduction. Because Section 3 focuses on the quality of Federal
legislation and regulations, the Department limited its review under
this Executive Order to the quality of this Federal Register document
and to changes to the Federal regulations. The review under this
Executive Order did not extend to any language of the State regulatory
program or the Federal lands program, neither of which is affected by
this amended State-Federal Cooperative Agreement.
Executive Order 13132--Federalism
This rule has no potential Federalism implications, as defined
under Section 1(a) of Executive Order 13132. Executive Order 13132
directs agencies to ``grant the States the maximum administrative
discretion possible'' with respect to Federal statutes and regulations
administered by the States. West Virginia, through its approved
regulatory program, implements and administers SMCRA and its
implementing regulations at the state level. This rule approves an
amended State-Federal Cooperative Agreement for the regulation of
Federal lands under SMCRA and is consistent with the direction to
provide maximum administrative discretion to States.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and Tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175 and have determined that it has no substantial
direct effects on the distribution of power and responsibilities
between the Federal government and Tribes. The basis for this
determination is that this amended State-Federal Cooperative Agreement
in this rule is only applicable to Federal lands and not Indian lands,
as those terms are defined by SMCRA, or other Tribal lands. Indian
lands under SMCRA are regulated independently under the applicable
Federal Indian program. The Department's consultation policy also
acknowledges that our rules may have Tribal implications where the
Federal lands covered by this Agreement encompass ancestral lands in
areas with mineable coal. Moreover, Department agencies responsible for
Federal lands subject to this Agreement must still comply with the
Department's consultation policy in fulfilling their responsibilities
outlined in this Agreement.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rulemaking that is (1) considered significant
under Executive Order 12866, and (2) likely to have a significant
adverse effect on the supply, distribution, or use of energy. Because
this rule is exempt from review under Executive Order 12866 and is not
a significant energy action under the definition in Executive Order
13211, a Statement of Energy Effects is not required.
Executive Order 14192--Unleashing Prosperity Through Deregulation
State program and/or plan amendments are not regulatory actions
under Executive Order 14192 because they are exempt from review under
Executive Order 12866 (OMB Memo M-94-3).
National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. We are not required to
provide a detailed statement under the National Environmental Policy
Act of 1969 (NEPA) because this rule qualifies for categorical
exclusion under the U.S. Department of the Interior Departmental
Manual, part 516, appendix 2, section 13.5(B)(21).
Paperwork Reduction Act
This rule does not include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the OMB under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required.
Regulatory Flexibility Act
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The amended State-Federal Cooperative
Agreement submitted by West Virginia, which is the subject of this
rule, does not impose any new substantive requirements on the coal
industry. Rather, the amended State-Federal Cooperative Agreement
grants West Virginia the additional authority to regulate all coal
exploration activities on Federal lands and would delegate the primary
responsibility to review and approve coal mining permits involving
leased Federal coal, among other updates, that are responsibilities
that would otherwise be undertaken by the Department through OSMRE.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This rule only affects the State of West Virginia. The
costs to West Virginia of carrying out the responsibilities under the
State-Federal Cooperative Agreement are offset by grants from the
Federal government.
[[Page 8079]]
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This rule amends an
existing cooperative agreement at the request of the State of West
Virginia and will result in additional delegation of federal authority
to the State. Therefore, a statement containing the information
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is
not required.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface mining, Underground mining.
Doug Burgum,
Secretary, Department of the Interior.
For the reasons set out in the preamble, 30 CFR part 948 is amended
as set forth below:
PART 948--WEST VIRGINIA
0
1. The authority citation for part 948 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 948.30 is revised to read as follows:
Sec. 948.30 State-Federal cooperative agreement.
The cooperative agreement in appendix A of this part is effective
March 23, 2026.
0
3. Appendix A to part 948 is added to read as follows:
Appendix A to Part 948--State-Federal Cooperative Agreement
Cooperative Agreement
The Governor of the State of West Virginia (the Governor) and
the Secretary of the Department of the Interior (the Secretary)
enter into a Cooperative Agreement (Agreement) to read as follows:
Article I: Introduction, Purposes, and Responsible Agencies
A. Authority
This Agreement is authorized by section 523(c) of the Surface
Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C.
1273(c), which allows a State with a permanent regulatory program
approved by the Secretary under section 503 of SMCRA, 30 U.S.C.
1253, to elect to enter into an cooperative agreement for the State
regulation and control of surface coal mining and reclamation
operations (including surface operations and surface impacts
incident to underground mining operations) on Federal lands as that
term is defined in 30 U.S.C. 1291(4). This Agreement provides for
State regulation of coal exploration operations not subject to 43
CFR part 3400, and surface coal mining and reclamation operations on
Federal lands within West Virginia, except for those activities
reserved for the Bureau of Land Management (BLM) involving leased
Federal coal subject to 43 CFR parts 3400 through 3480, and the
Office of Surface Mining, Reclamation and Enforcement (OSMRE) and
the Secretary under 30 CFR part 746.
This Agreement provides for State regulation of coal exploration
and surface mining activities consistent with SMCRA, the Federal
lands program (30 CFR parts 740, 745, and 746), and the approved
West Virginia regulatory program (State program). This Agreement
does not abridge any rights that West Virginia may have under State
law to regulate coal exploration activities on non-Federal, non-
Indian lands within the State.
B. Purposes
The purposes of this Agreement are to (a) foster Federal-State
cooperation in the regulation of surface coal mining and reclamation
operations and coal exploration operations not subject to BLM's
authority under 43 CFR parts 3400 through 3480 and OSMRE's and the
Secretary's authority under 30 CFR part 746, (b) minimize
intergovernmental duplication of effort, and (c) provide for uniform
and effective application of the State program on all non-Indian
lands within West Virginia in accordance with SMCRA, the State
program, and this Agreement.
C. Responsible Administrative Agencies
The West Virginia Department of Environmental Protection (DEP)
will be responsible for administering this Agreement on behalf of
the Governor under the approved West Virginia Permanent Regulatory
Program. OSMRE will administer this Agreement on behalf of the
Secretary, in accordance with the regulations in 30 CFR Chapter VII.
Article II: Effective Date
After being signed by the Secretary and the Governor, this
Agreement will take effect 30 days after publication in the Federal
Register as a final rule. This Agreement will remain in effect until
terminated as provided in Article XI or superseded by amendment in
accordance with Article XIII of this Agreement.
Article III: Definitions
The terms and phrases used in this Agreement that are defined in
SMCRA, 30 CFR 700.5, 701.5, and 740.5, the State program, including
the approved West Virginia Surface Coal Mining and Reclamation Act
(WVSCMRA) W. Va. Code Sec. 22-3-1, et seq., and The Office of
Explosives and Blasting, W. Va. Code Sec. 22-3A-1, et seq., and the
rules and regulations promulgated pursuant to those Acts, will be
given the meanings set forth in said definitions. Where there is a
conflict between the above referenced State and Federal definitions,
the definitions used in the approved State program will apply,
except for: (1) instances in which a term conflicts with the
Secretary's remaining responsibilities under the Act and other laws;
and (2) valid existing rights (VER) requests pursuant to 30 CFR
761.16. The Federal VER definition will apply when making VER
determinations for those protected areas identified in 30 CFR
761.11(a) and (b). The term ``coal exploration operation(s)'' used
in this Agreement excludes coal exploration operations subject to 43
CFR part 3400 regardless of whether it is so specified.
Article IV: Applicability
In accordance with the Federal lands program, the laws,
regulations, terms and conditions of the State program, as
conditionally approved effective January 21, 1981, 30 CFR part 948,
or hereinafter amended in accordance with 30 CFR 732.17, are
applicable to Federal lands in West Virginia, except as otherwise
stated in this Agreement, SMCRA, 30 CFR 740.4, 740.11(a), and
745.13, and other applicable laws, Executive Orders, or regulations.
Orders and decisions issued by DEP in accordance with the State
program that are appealable must be appealed to the State Surface
Mine Board. Orders and decisions issued by the Secretary or OSMRE
that are appealable must be appealed to the Department of the
Interior's Office of Hearings and Appeals.
Article V: General Requirements
The Governor and the Secretary affirm that they will comply with
all the provisions of this Agreement.
A. Authority of State Agency
DEP has and will continue to have the authority under State law
to carry out this Agreement.
B. Funding
Upon application by DEP and subject to the availability of
appropriations, OSMRE will provide the State with the funds to
defray the costs associated with carrying out its responsibilities
under this Agreement as provided in section 705(c) of SMCRA, the
grant agreement, and 30 CFR 735.16. Such funds will cover the full
cost incurred by DEP in carrying out these responsibilities,
provided that such cost does not exceed the estimated cost the
Federal government would have expended on such responsibilities in
the absence of this Agreement.
The amount of the grant will be determined using the procedures
specified in applicable Federal guidance documents, such as the
Federal Assistance Manual Chapter 3-10 and Appendix III.
If DEP applies for a grant but sufficient funds have not been
appropriated to OSMRE, OSMRE and DEP will promptly meet to decide on
appropriate measures that will ensure that coal exploration
operations and surface coal mining and reclamation operations on
Federal lands within West Virginia are regulated in accordance with
the State program. If an agreement cannot be reached, either party
may terminate this Agreement in accordance with Article XI of this
Agreement.
Funds provided to the DEP under this Agreement will be adjusted
in accordance with the Office of Management and Budget Common Rule
for Uniform Administration
[[Page 8080]]
Requirements for Grants and Cooperative Agreements to State and
Local Governments and must be reduced by the amount of permit
application fees collected by the State that are attributable to the
Federal lands covered by this Agreement.
C. Reports and Records
DEP will make regular reports to OSMRE containing information
with respect to compliance with the terms of this Agreement pursuant
to 30 CFR 745.12(d). Upon request, DEP and OSMRE will exchange
information developed under this Agreement, except where prohibited
by Federal or State law.
OSMRE will provide DEP with a copy of any final evaluation
report prepared concerning State administration and enforcement of
this Agreement. DEP comments on the report will be appended before
transmission to the Congress, unless necessary to respond to a
request by a certain date or to other interested parties.
D. Personnel
Subject to adequate appropriations and grant awards, the DEP
will maintain the personnel necessary to fully implement this
Agreement in accordance with the provisions of SMCRA, applicable
regulations, the Federal lands program, and the approved State
program.
E. Equipment and Facilities
Subject to adequate appropriations and grant awards, the DEP
will ensure it has access to equipment, laboratories, and facilities
with which all inspections, investigations, studies, tests, and
analyses can be performed that are necessary to carry out the
requirements of this Agreement.
F. Permit Application Fees and Civil and Criminal Penalties
The amount of the fee accompanying an application for a coal
exploration operation or a surface coal mining and reclamation
operation on Federal lands in West Virginia will be determined in
accordance with the approved West Virginia State program. All permit
application fees collected from operations on Federal lands will be
considered program income to be retained by the State and must be
deposited within the Department of Environmental Protection's Mining
and Reclamation Operations Fund. Civil and criminal penalties and
fines collected by DEP from operations on Federal lands must be
deposited in State's Special Reclamation Fund and Special
Reclamation Water Trust Fund. The financial status report submitted
pursuant to 30 CFR 735.26 will include a report on the amount of
permit fees, penalties, and fines collected from operations on
Federal lands during the State's prior grant year.
Article VI: Review of Permit Application
A. Responsibilities
DEP will assume primary responsibility for the analysis, review,
and approval, disapproval, or conditional approval of the permit
application component of the permit application package required by
30 CFR 740.13 for surface coal mining and reclamation operations or
for coal exploration operations on Federal lands covered by this
Agreement in West Virginia.
For proposals to conduct surface coal mining operations
involving leased Federal coal, OSMRE is responsible for preparing a
mining plan decision document in accordance with 30 CFR 746.13 and
obtaining the Secretary's approval, disapproval, or approval with
conditions. The mining plan includes: the permit application
package; the resource recovery and protection plan reviewed and
approved by BLM; information prepared in accordance with the
National Environmental Policy Act of 1969 (NEPA); documentation
assuring compliance with other Federal laws and regulations;
comments from other Federal agencies and the public; findings and
recommendations from BLM with respect to the resource recovery and
protection plan; findings and recommendations from DEP with respect
to the permit application and the approved State program; and
findings and recommendations from OSMRE with respect to the
additional requirements of the Federal lands program.
BLM is responsible for matters concerned exclusively with
regulations under 43 CFR part 3400.
The Secretary reserves the right to act independently of DEP to
carry out responsibilities under laws other than SMCRA or provisions
of SMCRA not covered by the State program, and in instances of
disagreement over SMCRA and the Federal lands program. The Secretary
will, as provided by 30 CFR 740.4(a), make determinations under
SMCRA that cannot be delegated to the State, some of which have been
delegated to OSMRE.
The Secretary will concurrently carry out the responsibilities
under 30 CFR 740.4(a) that cannot be delegated to DEP under the
Federal lands program, the Mineral Leasing Act of 1920 (MLA), NEPA,
this Agreement, and other applicable Federal laws. The Secretary
will carry out these responsibilities in a timely manner and will
avoid, to the extent possible, duplication of the responsibilities
of the State, as set forth in this Agreement and the State program.
The Secretary will consider the information in the permit
application and, where appropriate, make decisions required by
SMCRA, MLA, NEPA, and other Federal laws.
Where necessary to make the determination to recommend that the
Secretary approve, disapprove, or approve with conditions the mining
plan, as provided by 30 CFR 740.4(b)(1), OSMRE will consult with and
obtain the concurrences of BLM, any Federal land management agency,
and other relevant Federal agencies.
DEP may assist OSMRE in the preparation of documentation to
comply with the requirements of NEPA under 30 CFR 740.4(c)(7). If
requested, DEP may assist with document preparation, but OSMRE will
retain responsibility for preparing NEPA compliance documents,
including the exceptions relating to NEPA as set forth in 30 CFR
740.4(c)(7)(i)-(vii).
DEP will be responsible for the approval and release of
performance bonds and liability insurance under 30 CFR 740.4(c)(4),
in accordance with Article IX of this Agreement, and for the review
and approval under 30 CFR 740.4(c)(6) of coal exploration operations
not subject to 43 CFR part 3400.
Responsibilities and decisions that can be delegated to DEP
under other applicable Federal laws may be specified in working
agreements between OSMRE and the State with the concurrence of any
Federal agency involved and without amendment to this Agreement.
B. Submission of Permit Application
DEP will require an applicant proposing to conduct surface coal
mining and reclamation operations or coal exploration operations on
Federal lands covered by this Agreement to submit a permit
application in the format as prescribed by DEP. DEP will furnish a
copy of the permit application package or make it available to
OSMRE, any Federal land management agency, and any other agency with
jurisdiction or responsibility over Federal lands affected by
operations proposed in the permit application. The permit
application will be in the form required by DEP and will include any
supplemental information required by OSMRE, any Federal land
management agency, and any other agency with jurisdiction or
responsibility over Federal lands affected by operations proposed in
the permit application.
At a minimum, the permit application will satisfy the
requirements of 30 CFR 740.13(b) and include the information
necessary for DEP to make a determination of compliance with 30 CFR
740.4(c) and the State program, and for OSMRE, any appropriate
Federal land management agencies, and any other agency with
jurisdiction or responsibilities over Federal lands affected by
operations proposed in the permit application to make determinations
of compliance with applicable requirements of SMCRA, the Federal
lands program, other Federal laws, Executive Orders, and regulations
for which they are responsible.
For any existing or pending permit applications on Federal lands
being regulated or processed by OSMRE prior to the effective date of
this Agreement, OSMRE will coordinate with DEP and continue that
responsibility, if so requested by the State. At any point during
the regulation or processing of those applications, all additional
responsibilities may be passed to DEP pursuant to the terms of this
Agreement, along with any attendant fees, fines or civil or criminal
penalties therefrom.
C. Review Procedures
DEP will be the primary point of contact for applicants
regarding the review of the permit application for compliance with
the State program and other applicable State laws and regulations.
OSMRE will be the point of contact regarding the review of the
applicable portions of the permit application for compliance with
the non-delegated responsibilities of SMCRA and for compliance with
the requirements of the MLA, other Federal laws, Executive Orders,
and regulations.
OSMRE and DEP will develop a work plan and schedule for permit
application review that complies with the time limitations
[[Page 8081]]
established by the approved State program, and each agency will
designate a primary point of contact between OSMRE and DEP
throughout the review process.
OSMRE will furnish DEP with its review comments on
administratively complete permit applications and specify any
requirements for additional data within 45 calendar days after
receipt of each respective application. OSMRE and DEP will
coordinate with each other during the review process, as needed. If
OSMRE is unable to furnish its comments within that time, DEP may
elevate the matter to the OSMRE Regional Director. DEP will send to
OSMRE copies of any correspondence with the applicant and any
information received from the applicant regarding the permit
application.
Unless otherwise protected by Federal law, OSMRE will send to
DEP copies of all non-privileged external OSMRE correspondence that
may have a bearing on the permit application. OSMRE will provide
technical assistance to DEP when requested and will have access to
DEP files concerning coal exploration or surface mining operations
on Federal lands. DEP will keep OSMRE informed of findings made
during the review process that bear on the responsibilities of OSMRE
or other Federal agencies.
OSMRE will assist the State in carrying out DEP's
responsibilities by coordinating resolution of conflicts and
difficulties between DEP and other Federal agencies in a timely
manner; assisting in scheduling joint meetings, upon request,
between State and Federal agencies; and exercising its
responsibilities in a timely manner, governed to the extent possible
by the deadlines established in the State program.
D. Review Procedures Where There is Federal Surface, but No Leased
Federal Coal Involved
DEP will assume the responsibility for review of permit
applications where there is no leased Federal coal to the extent
authorized in 30 CFR 740.4(c)(1), (2), (4), (6), and (7).
DEP will assume responsibility for the analysis, review and
approval, disapproval, or conditional approval of the permit
application component of the permit application package required by
30 CFR 740.13 for surface coal mining and reclamation operations in
West Virginia on Federal lands not requiring a mining plan pursuant
to the MLA, as amended, including applications for revisions,
renewals and transfer, sale, and assignment of such permits.
E. Review Procedures Where Federal Surface and Leased Federal Coal
Is Involved
DEP will assume the responsibility for review of permit
applications involving both Federal surface and leased Federal coal
to the extent authorized in 30 CFR 740.4(c)(1), (2), (3), (4), (6),
and (7).
DEP will, to the extent authorized, consult with any appropriate
Federal land management agency and BLM pursuant to 30 CFR
740.4(c)(2) and (3), respectively. On matters concerned exclusively
with regulations under 43 CFR parts 3400 through 3480, BLM will be
the primary contact with the applicant. BLM will inform DEP of its
actions and provide DEP with a copy of documentation on all leasing
decisions.
F. DEP, OSMRE, and Other Federal Agency Coordination
DEP will, to the extent authorized, consult with any other
Federal land management agency and with BLM when Federal leased coal
is involved pursuant to 30 CFR 740.4(c)(2) and (3), respectively.
DEP will also be responsible for obtaining the comments and
determinations of other agencies with jurisdiction or responsibility
over any other Federal lands affected by the operations proposed in
the permit application. DEP will request all Federal agencies to
furnish their findings or any request for additional information to
DEP within 45 calendar days of the date of receipt of the permit
application. OSMRE will, upon request, assist DEP in obtaining such
information in a timely manner.
In accordance with 30 CFR 745.12(g)(2), where lands containing
leased Federal coal are involved, DEP will provide OSMRE, in the
form specified by OSMRE in consultation with DEP, with written
findings indicating that each permit application is in compliance
with the terms of the State program and a technical analysis of each
permit application to assist OSMRE in meeting its responsibilities
under other applicable Federal laws and regulations.
Where leased Federal coal is involved, OSMRE will consult with
and obtain the concurrences of BLM, any Federal land management
agency, and any other agency with jurisdiction or responsibility
over the Federal lands affected by the operations proposed in the
permit application as required to make its recommendation for the
Secretary's decision on the mining plan.
Where BLM contacts the applicant in carrying out its
responsibilities under 43 CFR part 3400, BLM will immediately inform
DEP of its actions and provide DEP with a copy of documentation of
all leasing decisions within 5 calendar days.
G. Permit Application Decision and Permit Issuance
DEP will prepare a State decision package, including written
findings and supporting documentation, indicating whether the permit
application is in compliance with the State program. DEP will make
the decision on approval, disapproval or conditional approval of the
surface mining permit or coal exploration approval on Federal lands
in accordance with the State program.
Any permit issued by DEP will incorporate, as applicable, any
terms or conditions required by the lease issued pursuant to the MLA
and by any other applicable Federal laws and regulations, including
conditions imposed by any Federal land management agency relating to
postmining land use or any special requirements to protect non-
mineral resources and those of other affected agencies.
DEP may make a decision on approval, disapproval, or conditional
approval of the surface mining permit on Federal lands in accordance
with the State program prior to the necessary Secretarial decision
on the mining plan when leased Federal coal is involved, provided
that DEP advises the operator in the permit that Secretarial
approval of the mining plan must be obtained before the operator may
conduct surface coal mining operations on the Federal lands and
conditions the issuance of the permit or approval on Secretarial
approval of the mining plans. DEP will reserve the right to amend or
rescind any requirements of the permit or approval to conform with
any terms or conditions when imposed by the Secretary in the
approval of the mining plan.
After making its decision on the permit application, DEP will
send a notice to the applicant, OSMRE, any Federal land management
agencies, and any other agency with jurisdiction or responsibility
over Federal lands affected by the operations proposed in the permit
application. A copy of the permit and written findings will also be
submitted to OSMRE.
H. Review Procedures for Permit Revisions; Renewals; and Transfer,
Assignment or Sale of Permit Rights
Any permit revision or renewal for a surface coal mining and
reclamation operation on Federal lands will be reviewed and approved
or disapproved by DEP after consultation with OSMRE on whether such
revision or renewal requires a mining plan modification pursuant to
30 CFR 746.18. OSMRE will inform DEP within 15 calendar days of
receiving a copy of a proposed permit revision or renewal whether
the permit revision or renewal will require a mining plan
modification. If OSMRE is unable to furnish its determination within
that time, DEP may elevate the matter to the OSMRE Regional
Director. Where approval of a mining plan modification is required,
OSMRE and DEP will follow the procedures outlined in Section E of
this Article.
Permit revisions or renewals on Federal lands that are
determined by OSMRE not to require mining plan modifications will be
reviewed and approved by following the procedures set forth in
Section D of this Article, the State program, and 30 CFR 740.13(d),
if applicable.
Transfer, assignment or sale of permit rights on Federal lands
will be processed in accordance with the State program and 30 CFR
740.13(e). Those applications that do not require a mining plan
modification will be processed according to the procedures set forth
in Section D of this Article. Those applications that do require a
mining plan modification will be processed according to the
procedures set forth in Section E of this Article.
Article VII: Inspections
DEP will conduct inspections on Federal lands in accordance with
30 CFR 740.4(c)(5) and prepare and file inspection reports in
accordance with the State program.
DEP will, subsequent to conducting any inspection on Federal
lands pursuant to 30 CFR 740.4(c)(5), and on a timely basis, provide
OSMRE with access to a copy of the completed State inspection
report.
DEP will be the point of contact and primary inspection
authority in dealing with the operator concerning operations and
[[Page 8082]]
compliance with the requirements covered by this Agreement, except
as described hereinafter. Nothing in this Agreement will prevent
inspections by authorized Federal or State agencies for purposes
other than those covered by this Agreement. The Department of the
Interior may conduct any inspections necessary to comply with 30 CFR
parts 842 and 843 and its obligations under laws other than SMCRA.
OSMRE will give DEP reasonable notice of its intent to conduct
an inspection under 30 CFR 842.11 in order to provide State
inspectors with an opportunity to join in the inspection.
When OSMRE is responding to a citizen complaint of an imminent
danger to the public health and safety or of significant, imminent
environmental harm to land, air or water resources, pursuant to 30
CFR 842.11(b)(1)(ii)(C), it will contact DEP prior to the Federal
inspection, if circumstances and time allow, to facilitate a joint
Federal/State inspection. OSMRE will provide DEP with a copy of the
inspection report within 15 days of the inspection. The Secretary
reserves the right to conduct inspections without prior notice to
DEP to carry out their responsibilities under SMCRA or other Federal
laws. All citizen complaints that do not involve an imminent danger
or significant, imminent environmental harm will be addressed using
OSMRE's procedures under section 521 of SMCRA, 30 U.S.C. 1271, and
the corresponding regulations under 30 CFR parts 842 and 843.
Article VIII: Enforcement
DEP will have primary enforcement authority on Federal lands to
ensure operator compliance with the requirements of the State
program and this Agreement in accordance with 30 CFR 740.4(c)(5);
OSMRE retains its SMCRA enforcement authority, as specified in
section 521 of SMCRA, 30 U.S.C. 1271, and the corresponding
regulations under 30 CFR parts 842-846. Enforcement authority given
to the Secretary under other Federal laws and Executive Orders
including, but not limited to, those Federal authorities listed in
Appendix A (attached) is reserved to the Secretary.
During any joint inspection by DEP and OSMRE, DEP will have
primary responsibility for taking enforcement actions, including
issuance of orders of cessation, notices of violation, and
assessment of civil or criminal penalties. DEP must inform OSMRE and
any Federal land management agency prior to issuance of any decision
to suspend or revoke a permit on Federal lands.
A permit to conduct coal exploration or surface coal mining and
reclamation operations on Federal lands may be suspended or revoked
by DEP pursuant to the State program.
If a permit to conduct surface coal mining and reclamation
operations on lands containing leased Federal coal is suspended or
revoked, the DEP must notify BLM so it can determine whether action
should be taken to cancel the Federal lease pursuant to 30 CFR
740.13(f)(2).
During any inspection made solely by OSMRE or any joint
inspection where DEP and OSMRE fail to agree regarding the propriety
of any particular enforcement action, OSMRE may take any enforcement
action necessary to comply with 30 CFR parts 843, 845, and 846. Such
enforcement action will be based on the standards in the State
program, SMCRA or both and will be taken using the procedures and
penalty system contained in 30 CFR parts 843, 845, and 846.
DEP and OSMRE will promptly notify each other and any Federal
land management agency of all violations of applicable laws,
regulations, orders or approved mining permits subject to this
Agreement and of all actions taken with respect to such violations.
Consistent with applicable law, personnel of DEP and the
Department of the Interior, including OSMRE, will be mutually
available to serve as litigation witnesses in enforcement actions
taken by either party.
This Agreement does not affect or limit the Secretary's
authority to enforce violations of Federal authorities other than
SMCRA. Appendix A of this Agreement lists some, but not all, of the
Federal authorities other than SMCRA that may be relevant to this
Agreement.
Article IX: Bonds
DEP and the Secretary will require each operator who conducts
coal exploration operations or surface coal mining and reclamation
operations on Federal lands to submit a performance and/or penal
bond payable to both the State of West Virginia and the United
States to cover the operator's responsibilities under SMCRA and the
State program. The performance and/or penal bond will be conditioned
upon compliance with the requirements of SMCRA, the State program,
other State or Federal laws and regulations, and any other
requirements imposed by the Secretary or any Federal land management
agency. Such bond will provide that if this Agreement is suspended
or terminated, the portion of the bond covering Federal lands will
be converted to a full-cost reclamation bond and made payable only
to the United States. Before termination, DEP will assist OSMRE in
obtaining the full-cost reclamation bond from the operator for those
areas where only Federal lands are covered by the bond. If
applicable, DEP will advise OSMRE of any annual adjustments to the
performance and/or penal bond pursuant to the State program.
Performance and/or penal bonds will be subject to release and
forfeiture in accordance with the procedures and requirements of the
State program. Where coal exploration operations or surface coal
mining and reclamation operations are conducted on Federal lands,
the performance and/or penal bond must be released by the State upon
compliance with all applicable State and Federal requirements and
after the release is concurred in by OSMRE. OSMRE's concurrence will
include coordination with any Federal land management agency and any
other agency with jurisdiction or responsibility over Federal lands
affected by the coal exploration operation or surface coal mining
and reclamation operation.
In the event of forfeiture by an operator of a performance and/
or penal bond for a coal exploration operation or a surface coal
mining and reclamation operation on Federal lands covered by this
Agreement, the State must use funds received from the forfeited bond
and, where necessary, funds from the West Virginia Special
Reclamation Fund and/or the Special Reclamation Water Trust Fund,
pursuant to W. Va. Code Sec. 22-3-11, to ensure that complete
reclamation is accomplished in accordance with the State program,
the reclamation plan of the permit, and the mining plan prior to
revocation or any modification thereto.
Submission of a performance and/or penal bond does not satisfy
the requirements for a Federal lease bond required by 43 CFR subpart
3474 or lessee protection bond required in addition to a performance
bond, in certain circumstances, by section 715 of SMCRA. Where
Federal lease or lessee protection bonds are required, OSMRE or the
appropriate Federal agency is responsible for the collection and
maintenance of such bonds.
If a Federal lease bond is required, as provided by 30 CFR
740.15, such bond may be released by the applicable Federal agency
upon satisfactory compliance with all applicable requirements of 43
CFR part 3400 and after the release is concurred in by BLM.
Article X: Designating Land Areas Unsuitable for all or Certain Types
of Surface Coal Mining and Reclamation Operations and Activities and
Valid Existing Rights (VER) and Compatibility Determinations
A. Unsuitability Petitions
The authority to designate Federal lands as unsuitable for
mining pursuant to a 30 CFR part 769 petition is reserved by the
Secretary as provided by 30 CFR 745.13(a).
OSMRE will consider the minimum criteria set forth in 30 CFR
part 762 when evaluating each petition for designating an area as
unsuitable for mining. In addition, OSMRE will process all requests
for designating Federal lands as unsuitable for mining or for
terminating previous designations in accordance with 30 CFR part
769.
When either DEP or OSMRE receives a petition to designate land
areas unsuitable for all or certain types of surface coal mining
operations that could impact adjacent Federal or non-Federal lands
pursuant to section 522(c) of SMCRA, the agency receiving the
petition will notify the other of its receipt within 5 calendar days
and the anticipated schedule for reaching a decision and request and
fully consider data, information, and recommendations of the other.
OSMRE will coordinate with any Federal land management agencies with
jurisdiction over the petition area and will solicit comments from
any such agency.
B. Valid Existing Rights Determinations
The following actions will be taken when requests for
determinations of VER pursuant to section 522(e) of SMCRA and 30 CFR
761.11 are received prior to or at the time of submission of a
permit application that involves surface coal mining and reclamation
operations and activities:
For Federal lands within the boundaries of any areas specified
under section 522(e)(1) of SMCRA and 30 CFR 761.11(a), OSMRE will
[[Page 8083]]
determine whether VER exists for such areas pursuant to 30 CFR
745.13(o).
For Federal lands within the boundaries of any national forest
where proposed operations are prohibited by section 522(e)(2) of
SMCRA and 30 CFR 761.11(b), OSMRE will make the VER determinations
pursuant to 30 CFR 745.13(o). OSMRE will process requests for
determinations of compatibility under section 522(e)(2) of SMCRA and
30 CFR 761.13.
For private in-holdings within areas protected under 30 CFR
761.11(a) and SMCRA section 522(e)(1), DEP will process the VER
request, in accordance with the State program, but use the Federal
VER definition at 30 CFR 761.5 when making the VER determination.
For any lands, DEP will determine whether any proposed operation
will adversely affect any publicly owned park or, in consultation
with the State Historic Preservation Officer, sites listed on the
National Register of Historic Places, with respect to the
prohibitions or limitations of section 522(e)(3) of SMCRA and 30 CFR
761.11(c). DEP will make the VER determination for such lands using
the approved State program definition of VER. DEP will coordinate
with any affected agency or agency with jurisdiction over the
proposed surface coal mining and reclamation operations.
In the case that VER is determined not to exist under section
522(e)(3) of SMCRA or 30 CFR 761.11(c), no surface coal mining
operations will be permitted unless jointly approved by DEP and the
Federal, State or local agency with jurisdiction over the publicly
owned park or historic place.
C. Compatibility Determinations
As provided by 30 CFR 740.4(a)(5), the Secretary is responsible
for the issuance of findings concerning whether there are
significant recreational, timber, economic, or other values that may
be incompatible with surface coal mining operations incident to
underground mining on Federal lands within the boundaries of a
national forest protected pursuant to section 522(e)(2) of SMCRA and
30 CFR 761.11(b). OSMRE will process requests for compatibility
determinations in accordance with the procedures set forth at 30 CFR
761.13.
Article XI: Termination of Cooperative Agreement
This Agreement may be terminated by the Governor or the
Secretary under the provisions of 30 CFR 745.15.
Article XII: Reinstatement of Cooperative Agreement
If this Agreement has been terminated in whole or in part, it
may be reinstated under the provisions of 30 CFR 745.16.
Article XIII: Amendment of Cooperative Agreement
This Agreement may be amended by mutual agreement of the
Governor and the Secretary in accordance with 30 CFR 745.14.
Article XIV: Changes in State or Federal Standards
The Secretary or the Governor may from time to time promulgate
new or revised performance standards or reclamation requirements or
enforcement and administration procedures. Each party will, if it
determines it to be necessary to keep this Agreement in force,
change or revise its regulations or request necessary legislative
action. Such changes will be made under the procedures of 30 CFR
part 732 for changes to the State program and under the procedures
of sections 501 and 523 of SMCRA for changes to the Federal lands
program.
DEP and OSMRE will provide each other with copies of any changes
to their respective laws, rules, regulations, or standards
pertaining to the enforcement and administration of this Agreement.
Changes in State law or regulations cannot take effect for the
purposes of this Agreement until they have been approved by OSMRE
pursuant to 30 CFR 732.17.
Article XV: Changes in Personnel and Organization
In accordance with 30 CFR part 745, each party to this Agreement
will notify the other, when necessary, of any changes in personnel,
organization, and funding or other changes that may affect the
implementation of this Agreement to ensure coordination of
responsibilities and to facilitate cooperation.
Article XVI: Reservation of Rights
As provided by 30 CFR 745.13, this Agreement will not be
construed as waiving or preventing the assertion of any rights that
have not been expressly addressed in this Agreement and that the
State or the Secretary may have under laws other than SMCRA or their
regulations including, but not limited to, those listed in Appendix
A.
Approved:
/s/Doug Burgum
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Doug Burgum,
Secretary of the Interior.
Dated: February 3, 2026
/s/Patrick Morrisey
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Governor of West Virginia.
Dated: January 29, 2026
Appendix A
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., and
implementing regulations, including 43 CFR part 3400 and 30 CFR part
746.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321
et seq., and implementing regulations, including 40 CFR part 1500.
4. The Endangered Species Act, as amended, 16 U.S.C. 1531 et
seq., and implementing regulations, including 50 CFR part 402.
5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C.
661 et seq.; 48 Stat. 401.
6. The Bald and Golden Eagle Protection Act of 1940, as amended,
16 U.S.C. 668-668d, and implementing regulations.
7. The Migratory Bird Treaty Act, as amended, 16 U.S.C. 701-718h
et seq.
8. The National Historic Preservation Act of 1966, 16 U.S.C. 470
et seq., and implementing regulations, including 36 CFR part 800.
9. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing
regulations.
10. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et
seq., and implementing regulations.
11. The Resource Conservation and Recovery Act of 1976, 42
U.S.C. 6901 et seq., and implementing regulations.
12. The Reservoir Salvage Act of 1960, amended by the
Preservation of Historical and Archaeological Data Act of 1974, 16
U.S.C. 469 et seq.
13. Executive Order 11593 (May 13, 1971), Cultural Resource
Inventories on Federal Lands.
14. Executive Order 11988 (May 24, 1977), for flood plain
protection.
15. Executive Order 11990 (May 24, 1977), for wetlands
protection.
16. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et
seq., and implementing regulations.
17. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 et
seq.
18. The Archaeological Resources Protection Act of 1979, 16
U.S.C. 470aa et seq., as amended.
19. The Constitution of the United States.
20. Surface Mining Control and Reclamation Act of 1977, 30
U.S.C. 1201 et seq., as amended.
21. 30 CFR Chapter VII.
22. The Constitution of the State of West Virginia.
23. West Virginia Department of Environmental Protection
Permanent Regulatory Program at 30 CFR part 948, as amended.
24. West Virginia Surface Coal Mining and Reclamation Act at
W.Va. Code Sec. 22-3-1 et seq.
25. West Virginia Department of Environmental Protection,
Surface Mining Reclamation Regulations, CSR Sec. 38-2-1 et seq.
26. The Office of Explosives and Blasting at W.Va. Code Sec.
22-3A-1 et seq.
27. The West Virginia Surface Mining Blasting Rule, CSR Sec.
199-1-1 et seq.
[FR Doc. 2026-03413 Filed 2-19-26; 8:45 am]
BILLING CODE 4310-05-P
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</html>Indexed from Federal Register on February 20, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.