Part 946, Virginia
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Subchapter T Part 946, Virginia |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 946 -- VIRGINIA
Sec.
946.1 Scope
946.10 State regulatory program approval
946.11 Conditions of State regulatory program approval
946.13 State program provisions set aside
946.15 Approval of Virginia regulatory program amendments
946.16 Required regulatory program amendments
946.20 Abandoned mine land reclamation plan approval
946.25 Approval of Virginia abandoned mine land reclamation plan amendments
946.30 State-Federal cooperative agreement
AUTHORITY: 30 U.S.C. 1201 et seq.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]
30 CFR Sec. 946.1 Scope.
This part contains all rules applicable only within Virginia that have been adopted under the Surface Mining
Control and Reclamation Act of 1977.
[46 FR 61114, Dec. 15, 1981]
30 CFR Sec. 946.10 State regulatory program approval.
The Virginia regulatory program, as submitted on March 3, 1980, as amended and clarified on June 16, 1980, as
resubmitted on August 13, 1981, and as clarified in a meeting with OSMRE on September 21 and 22, 1981, and in a
letter to the director of the Office of Surface Mining on October 15, 1981, is conditionally approved, effective
December 15, 1981. Effective January 1, 1985, the Department of Mines, Minerals and Energy replaces the
Department of Conservation and Economic Development as the regulatory authority in Virginia for all surface coal
mining and reclamation operations and all exploration operations on non-Federal and non-Indian lands. Copies of the
approved program as amended are available for review at the following locations:
(a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219.
(b) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, P.O. Drawer 1216,
Powell Valley Square Shopping Center, room 220, Route 23, Big Stone Gap, Virginia 24219.
( c) and (d) [Removed. 59 FR 17930, Apr. 15, 1994.]
[51 FR 42554, Nov. 25, 1986; 59 FR 17930, Apr. 15, 1994]
30 CFR Sec. 946.11 Conditions of State regulatory program approval.
The approval of the Virginia State program is subject to the State revising its program to correct the deficiencies
listed in this section. The program revisions may be made, as appropriate, to the statute, the regulations, the program
narrative, or the Attorney General's opinion. This section indicates, for the general guidance of the State, the
component of the program to which the Secretary recommends the change be made.
[46 FR 61114, Dec. 15, 1981, as amended at 47 FR 31550, July 21, 1982; 47 FR 55678, Dec. 13, 1982; 48 FR
25186, June 6, 1983; 48 FR 46031, Nov. 11, 1983; 49 FR 19478, May 8, 1984]
30 CFR Sec. 946.12 State program provisions and amendments disapproved.
(a) The following provisions are disapproved effective April 22, 1983: Paragraphs 3.01(a)(1), 3.01(a)(4) and 3.01
(a)(5) of the Virginia Coal Surface Mining and Reclamation Regulations for Operations Disturbing Two Surface
Acres or Less.
(b) The following provisions of the coal surface mining reclamation regulations promulgated pursuant to Chapter
19, Title 45.1 of the Code of Virginia (1950), as submitted on November 8, 1985, as hereby disapproved:
(1) The definition of "affected area" in section 480-03-19.700.5 to the extent that it could be interpreted as
excluding all public roads with more than incidental public use;
(2) Section 480-03-19.761.11(h), which prohibits mining on certain Federal lands, in its entirety; and
[50 FR 32851, Aug. 15, 1985, as amended at 51 FR 42554, Nov. 25, 1986; 52 FR 26973, July 17, 1987]
30 CFR Sec. 946.13 State program provisions set aside.
(a) Paragraphs 3.01(a)(1), 3.01(a)(4) and 3.01(a)(5) of the Virginia Coal Surface Mining and Reclamation
Regulations for Operations Disturbing Two Surface Acres or Less are inconsistent with and less effective than the
Federal provisions for the two-acre exemption and are set aside in their entirety under the provisions of section
505(b) of the Surface Mining Control and Reclamation Act of 1977.
[50 FR 32851, Aug. 15, 1985]
30 CFR Sec. 946.15 Approval of Virginia regulatory program amendments.
The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the FEDERAL REGISTER and the State citations
or a brief description of each amendment. The amendments in this table are listed in order of the date of final
publication in the FEDERAL REGISTER.
________________________________________________________________________________
Original amendment Date of final Citation/description
submission date publication
Jan. 28, 1982 July 21, 1982 Virginia's revised policy statement granting authority to field
inspectors to issue cessation orders for imminent danger or
harm.
July 9, 1982 Aug. 19, 1982 VA Code Sec. 33.1-246.1; V816.150, V817.150.
July 8, 1982 Sept. 21, 1982 VA Code Secs. 45.1-270.1 through .7; V808.15, V809,
reference changes to remainder of Subchapter VJ.
Aug. 13, 1982 Dec. 13, 1982 VA Code Sec. 45.1-235( C); conditions (a) through (j), (l)
through (p), (s).
Sept. 30, 1982 Jan. 18, 1983 Sec. V809.
Dec. 20, 1982 Feb. 28, 1983 Sec. V809.11.
March 22, 1983 April 21, 1983, VA Code Secs. 45.1-234, 240, 249, 251.
June 6 and 20, 1983
July 9, 1982 April 22, 1983 Chapter 23 of Title 45.
May 20, 1983 Dec. 27, 1983 VA Code Secs. 45.1-270.2 through .4; Part V809.
July 27, 1983 March 16, 1984 Coal haul road policy.
Feb. 10, 1984 May 8, 1984 Sec. V786.19(o).
April 11, 1984 Aug. 2, 1984 Subchapter VM Part V850--Blaster certification program;
Secs. V816/817.61( c); Chapter 230 of the 1984 Acts of
Assembly; and all other items.
June 13, 1984 Aug. 31, 1984 Chapter 590 of the 1984 Acts of Assembly to revise various
Sections of Title 45.
Feb. 20, 1985 May 8, 1985 VA Code Secs. 45.1-244, 369.1.
May 1985 Aug. 15, 1985 VA Code Secs. 45.1-364, 364.1.
Sept. 4, 1985 Nov. 18, 1985 V700.5--definitions of "coal preparation or coal processing,"
"coal preparation plant".
Nov. 8, 1985 Nov. 25, 1986 VR 480-03-19: 700 through 850; techniques for measuring
revegetation success; applications for a permit revision.
March 20, 1987 July 17, 1987 VR 480-03-19: 784.20(f)(2); 817.121( c)(2).
Jan. 16, 1987 Aug. 17, 1987 VR 480-03-19.801.13(a)(2), .17(a).
June 15, 1987, Dec. 31, 1987 VA Code Secs. 45.1-270.3:1, .4, .5:1, .6B;
July 2, 1987 VR 480-03-19.801.12(a).
Sept. 1, 1987 March 7, 1988 VR 480-13-19.789.1(e); measurement techniques for
determining ground cover on small areas; sampling
techniques for measuring productivity of grazing land,
pasture land, and crop land;
VR 480-03-19: .843.15, .845.17(b), .18(b)(1).
Sept. 10, 1987 June 16, 1988 VR 480-03-19: 700.5 defining "abatement plan," "actual
improvement," "baseline pollution load," "best professional
judgment," "best technology," "pollution abatement area;"
785.19; 825.
June 30, 1989 Dec. 1, 1989 VR 480-03-19: 700.11; 764.15, 773.15; 779.19, .20;
780.14, .16; 783.19, .20; 784.20, .21; 785.14; 801.17;
816.97; 817.97; 840.11; 846, .2, .12; 846.14, .17, .18.
July 5, 1989 Feb. 2, 1990 VA Code Secs. 45.1-270.2, .3.
April 6, 1988 Feb. 5, 1990 VR 480-03-19: 700.5; 772.12(b)(8)(iv);
773.12, .15( c)(11), (12); 779.12(b), .24(j); .780.31;
783.12(b), .24(j); 784.17; 785.13(b)(2), .14( c)(1), .16(a)(1);
800.52; 816/817.116(b)(3)(v)( C); 842.15(d); 843.12(j),
.13(f); revegetation success standard.
Aug. 31, 1990 Dec. 7, 1990 VA Code Sec. 45.1-270.4:1.
Sept. 12, 1990 Dec. 26, 1990 VR 480-03-19: 784.20; 817.121.
June 29, 1990 Jan. 4, 1991 VR 480-03-19: 700.5; 773.15, .17, .20, .21; 778.13, .14;
843.11, .13.
April 5, 1991, Aug. 5, 1991 VR 480-03-19: 801.11(a), .12(a), (b), (g), .14(a) through (d),
May 1, 1991 .15(a); VA Code Secs. 45.1-261.1, 270.3, .3:1, .4, .4:1.
Oct. 1, 1990 July 7, 1992 VR 480-03-19: 700.5 definitions "Road," "Support
Facilities," .11(a), (4), (d); 701.11(a) through ( c);
702.5 defining Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, .11 through .18;
772.11(a), (b)(3), .12(a), (b)(3), (d), .14(a), (b);
773.11(a); 780.25( c), .37(a) through (e), .38;
784.16( c), .24(a) through (e), .30; 785.17(e)(5), .21(a);
800.60(b); 815.2, .15(b); 816.46( c)(2), .49(a)(1), (3)(i), (5),
(8), (9), (b)(7), ( c)(2), .84(b)(2), (f), .116(b)(3)(i), (ii),
(iv)( C), ( c)(2), .150(a) through .150(e), (f)(1), .151(a)(1),
(2), ( c), (d)(1), (2), (4), (5), (6); 817.46( c)(2), .49(a)(1),
(3)(i), (5), (8), (9), (b)(7), ( c)(2), .84(b)(2), (f),
.116(b)(3)(i), (ii), (iv)( C),(v)( C), ( c)(2),
.150(a) through (e), (f)(1), .151(a), ( c), (d)(1), (2), (4), (5),
(6); 823.11(b), .12( c)(2), .14(d); 827.1; 843.11(a)(2).
May 6, 1993 Sept. 24, 1993 VA Code Secs. 45.1-243, -258.
Oct. 22, 1993 Sept. 27, 1994 VR 480-03-19.816/817: .49(a)(3)(ii),
.116(b)(3)(v)(A), ( c)(3), .151(b), .152.
Oct. 31, 1994 Aug. 8, 1995 VR 480-03-19.816/817.102(e)(1), (2).
Oct. 13, 1995 May 29, 1996 VR 480-03-19.816.102(e), .817.102(e).
April 17, 1996 Aug. 19, 1996 VA Code Sec. 45.1-243B; VR 480-03-19.784.14(g);
817.41(I)(3), (i)(3)(i), (ii).
May 28, 1996 Sept. 4, 1996 VA 48 0-03-19.700.5 concerning definitions of "Lands
eligible for remining," "Unanticipated event or condition;"
773.15(b)(4), ( c)(14); 785.25; 816/817.116( c)(2)(i), (ii).
May 21, 1996 Sept. 17, 1997, VA Code Secs. 480-03-19.700.5; 784.14, .20;
Nov. 12, 1997 817.41, .121.
Dec. 1, 1997 June 24, 1998 VA Code Sections 701.5; 779.22 [deletion], .25(k)[deletion];
780.23, .25(a), (a)(2)(a)(3), (b), ( c)(3), (f), 35(b);
783.25(k) [deletion]; 784.15, .16(a), (a)(2), (a)(3), (b),
( c)(3), (f), .23( c); 800.40(a)(3); 816.46(a)(2), (b)(3), (b)(5),
( c)(2), .49(a)(1), (a)(4)(i) & (ii), (5), (6), (9), (11), ( c)(2),
.74(a) through (g), .81(a), ( c)(3) [deletion], .89(d) [deletion],
.104, .105; 817.46(a)(2), (b)(3), (b)(5), ( c)(2), .49(a)(1),
(a)(4)(i) & (ii), (5), (6), (9), (11), ( c)(2), .74(a) through (g),
.81(a), ( c)(3) [deletion], .89(d) [deletion];
840.11(f)(2) & (g)(4), (h); 843.14(a)(2);
845.17(b) through (b)(2)(ii), .18(a), (b) through (b)(3)(ii),
(d)(1) & (2), .19(a) and 846.17(b)(3) [deletion] and ( c).
July 31, 1997 May 3, 1999 Code of Virginia at Sec. 45.1-241( C) concerning letter of
credit.
Nov. 17, 1998 Dec. 13, 1999 Policy clarification for implementing
4 VAC 25-130-774.13(d).
Aug. 2, 1999 Dec. 27, 1999 Statute: 45.1-235 C of the Code of Virginia.
Regulations: 4 VAC 25-130-700.5; 795.1; 795.6(a)(2);
795.7(e)(2)[deleted], and (e)(5) [deleted];
795.8(a) and (b); 795.9(a), (b)(1) through (b)(6);
795.10(a)(5), (b), ( c) [deleted] and (d) [deleted]; 795.11(b);
795.12(a), (a)(2), (a)(3), (b) [deleted], and ( c) [deleted].
Nov. 24, 1998 Feb. 7, 2000 Policy clarification for implementing
4 VAC 25-130-816/817.76.
June 27, 2000 Nov. 2, 2000 4 VAC 25-130-784.20(a)(3) amended and suspended in part;
817.121( c)(4)(i) through (iv) suspended and deleted.
________________________________________________________________________________
[48 FR 25186, June 6, 1983; 51 FR 42554, 1986; 52 FR 26973, 30670, 49404, 49405, 1987; 53 FR 7183, 22483,
1988; 54 FR 49754, 1989; 55 FR 3590, 3738, 12638, 50556, 52992, 1990; 56 FR 370, 37156, 1991; 57 FR 29792,
July 7, 1992, as corrected at 58 FR 52667, Oct. 12, 1993; 58 FR 49931, Sept. 24, 1993; 59 FR 49197, Sept. 27,
1994; 60 FR 40276, Aug. 8, 1995; 61 FR 26836, 26839, May 29, 1996; 61 FR 42788, 42790, Aug. 19, 1996; 61 FR
46552, 46554, Sept. 4, 1996; 62 FR 9932, 9956, Mar. 5, 1997; 62 FR 48758, 48765, Sept. 17, 1997; 62 FR 60658,
60660, Nov. 12, 1997; 63 FR 34280, 34286, June 24, 1998; 64 FR 23542, 23544, May 3, 1999; 64 FR 69399,
69402, Dec. 13, 1999; 64 FR 72277, 72280, Dec. 27, 1999; 65 FR 5781, 5784, Feb. 7, 2000; 65 FR 65779, 65782,
Nov. 2, 2000]
[EFFECTIVE DATE NOTE: 64 FR 23542, 23544, May 3, 1999, added the entry for "May 3, 1999," effective May
3, 1999; 64 FR 69399, 69402, Dec. 13, 1999, added the entry for "December 13, 1999," effective Dec. 13, 1999; 64
FR 72277, 72280, Dec. 27, 1999, added the entry for "December 27, 1999," effective Dec. 27, 1999; 65 FR 5781,
5784, Feb. 7, 2000, added the entry for "February 7, 2000," effective Jan. 7, 2000; 65 FR 65779, 65782, Nov. 2,
2000, added the entry for "November 2, 2000," effective Nov. 2, 2000.]
30 CFR Sec. 946.16 Required regulatory program amendments.
Pursuant to 30 CFR 732.17, Virginia is required to submit the following proposed program amendments by the
dates specified:
(a) By July 2, 1999, Virginia must submit either a proposed amendment or a description of an amendment to be
proposed, together with a timetable for adoption, to revise the Virginia program regulations, or otherwise amend the
Virginia program, to be no less effective than the Federal regulations at 30 CFR 800.5(b), and 30 CFR 800.21(b)(2)
concerning letters of credit.
(b) -- ( c) [Reserved]
[51 FR 42554, Nov. 25, 1986, as amended at 53 FR 7183, Mar. 7, 1988; 55 FR 3738, Feb. 5, 1990; 56 FR 370, Jan.
4, 1991; 60 FR 40276, Aug. 8, 1995; 61 FR 26836, 26839, May 29, 1996; 64 FR 23542, 23545, May 3, 1999]
[EFFECTIVE DATE NOTE: 64 FR 23542, 23545, May 3, 1999, amended paragraph (a), effective May 3, 1999.]
30 CFR Sec. 946.20 Abandoned mine land reclamation plan approval.
Virginia Abandoned Mine Land Reclamation Plan as submitted on September 22, 1980, is approved effective
December 15, 1981. Copies of the approved plan are available for review at the following locations:
(a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219.
(b) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, P.O. Drawer 1216,
Powell Valley Square Shopping Center, room 220, Route 23, Big Stone Gap, Virginia 24219.
( c) [Removed. 59 FR 17930, Apr. 15, 1994.]
[51 FR 42555, Nov. 25, 1986; 59 FR 17930, Apr. 15, 1994]
30 CFR Sec. 946.25 Approval of Virginia abandoned mine land reclamation plan amendments.
(a) The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the Federal Register.
________________________________________________________________________________
Original amendment Date of final Citation/description
submission date publication
Nov. 8, 1985 Nov. 25, 1986 VR 480-03-19.874 through 882.
Feb. 3, 1987 Nov. 13, 1987 VR 480-03-19.884.13( c) (2), (5), (6), (7), (d)(1), (2);
Establish emergency program.
Feb. 29, 1996 July 3, 1997 Revisions to the Virginia State Reclamation Plan
corresponding to 30 CFR 884.13(a), (b), ( c)(1), ( c)(2),
( c)(3), ( c)(4), ( c)(5), ( c)(6), ( c)(7), (d)(1), (d)(2), (d)(3),
(d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2), and (f)(3).
Sept. 19, 1997 Feb. 5, 1998 Revisions to the Virginia State Reclamation Plan
corresponding to 30 CFR 884.13( c)(2) -- Ranking and
Selection: Set Aside Funds; and the AML Water Project
Evaluation form.
Sept. 10, 1999 Jan. 7, 2000 Revisions to the Virginia State Reclamation Plan
corresponding to 30 CFR 884.13( c)(2)--Ranking and
Selection: Reclamation Projects Receiving Less Than
50% Government Funding.
________________________________________________________________________________
(b) You may receive a copy from:
(1) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219, or
(2) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, Powell Valley Square
Shopping Center, 1941 Neeley Road, Suite 201, Compartment 116, Big Stone Gap, Virginia 24219.
[52 FR 43573, Nov. 13, 1987; 59 FR 17930, Apr. 15, 1994; 62 FR 9932, 9957, Mar. 5, 1997; 62 FR 35964, 35968,
July 3, 1997; 63 FR 5888, 5891, Feb. 5, 1998; 65 FR 1063, 1065, Jan. 7, 2000]
[EFFECTIVE DATE NOTE: 65 FR 1063, 1065, Jan. 7, 2000, added an entry to the table, effective Jan. 7, 2000]
30 CFR Sec. 946.30 State-Federal Cooperative Agreement.
This is a Cooperative Agreement (Agreement) between the Commonwealth of Virginia (State) acting by and
through the Governor, and the United States Department of the Interior (Department), acting by and through the
Secretary of the Interior (Secretary).
Article I: Introduction, Purpose, and Responsible Administrative Agency
A. Authority: This Agreement is authorized by section 523( c) of the Surface Mining Control and Reclamation Act
(SMCRA or the Act), 30 U.S.C. 1273( c), which provides that any State with a permanent regulatory program
approved under 30 U.S.C. 1253 may enter into an agreement with the Secretary to assume the responsibilities of
regulating surface coal mining and reclamation operations on Federal lands within that State. This Agreement
provides for such regulation within the Commonwealth of Virginia (State) consistent with SMCRA, the Virginia
State Program, and the Federal Lands Program (30 CFR Chapter VII, Subchapter D).
B. Purpose: The purpose of this Agreement is to (1) foster State-Federal cooperation in the regulation of coal
mining including coal exploration on Federal lands containing non-Federal coal; (2) minimize intergovernmental
overlap and duplication; and (3) provide uniform and effective application of the Virginia State Program (State
Program) on all Federal lands except those containing leased Federal coal. This agreement does not apply on Indian
lands.
C. Responsible Administrative Agencies: The Division of Mined Land Reclamation (DMLR) of the Department of
Mines, Minerals and Energy is responsible for administering the Agreement on behalf of the Governor. The Office of
Surface Mining Reclamation and Enforcement (OSMRE) is responsible for administering this Agreement on behalf
of the Secretary. The Federal lands in Virginia covered by this Agreement are predominantly administered by the
U.S. Department of Agriculture, Forest Service, and include in part the Jefferson National Forest and the George
Washington National Forest. It is understood by all parties that the Forest Service or the applicable Federal agency
will continue to regulate mining operations on lands under its jurisdiction pursuant to the laws, regulations,
agreements, and restrictions governing those lands. These requirements are in addition to the requirements discussed
in this Agreement.
Article II: Effective Date
The Agreement shall take effect May 7, 1987. This Agreement shall remain in effect until terminated as provided
in Article XI.
Article III: Definitions
The terms and phrases used in this Agreement which are defined in the Act, 30 CFR Chapter VII, and the
approved State Program shall be given the meanings set forth in said definitions. Where there is a conflict among the
above referenced State and Federal definitions, the definitions used in the approved State Program will apply unless
prohibited by Federal law.
The term "Federal lands covered by the agreement" means all Federal lands in Virginia except those lands
containing leased Federal coal or those consisting of Federal surface over unleased Federal coal.
Article IV: Applicability
The laws, rules, terms, and conditions of the State Program are applicable to all Federal lands in Virginia. The
State is authorized to conduct regulatory activities on all Federal lands with cooperative agreement.
Article V: Requirements for Cooperative Agreement
The Governor and the Secretary affirm that they will comply with all of the provisions of this Agreement and will
continue to meet all the conditions and requirements specified in the Agreement.
A. Authority of State Agency: DMLR has and shall continue to have authority under State law to carry out this
Agreement.
B. Funds: Upon application by the DMLR and subject to the availability of appropriations, the Department shall
provide the State with the funds to defray the costs associated with carrying out responsibilities under this Agreement
as provided by section 705( c) of the SMORA and 30 CFR part 735. If sufficient funds have not been appropriated to
OSMRE, OSMRE and DMLR shall meet promptly to decide on measures that will insure that mining operations are
regulated in accordance with the State Program. If agreement cannot be reached, then either party may terminate the
Agreement in accordance with Article XI.
Funds provided to the State shall be adjusted in accordance with the Office of Management and Budget Circular
A-102, Attachment E.
C. Reports and Records: DMLR shall make annual reports to OSMRE pursuant to 30 CFR 745.12(d) on the
results of the State's implementation and administration of this cooperative agreement. DMLR and OSMRE shall
exchange, upon request, information developed under this Agreement except where prohibited by Federal law.
OSMRE shall provide DMLR with a copy of any final evaluation report concerning State administration and
enforcement of this Agreement.
D. Personnel: DMLR shall provide the necessary personnel to fully implement this Agreement in accordance with
the provisions of the Federal and State Acts and the State Program.
E. Equipment and Laboratories: DMLR shall have access to equipment, laboratories, and facilities necessary to
carry out inspections, investigations, studies, tests, and analyses necessary to implement this Agreement.
F. Permit Application Fees: The amount of the fee accompanying an application for a permit shall be determined
in accordance with the Virginia Coal Surface Mining Control and Reclamation Act of 1979 and 19 CV 45.1-235.(E).
All permit fees, including fees for permits, permit revisions, renewals, transfers, sales or assignments, application
fees, and civil penalties collected from operations on Federal lands covered by this agreement shall be retained by
the State and deposited with the State Treasurer. The financial status report submitted pursuant to 30 CFR 735.26
shall include a report of the amount of the permit application and other fees collected and attributable to Federal
lands during the prior Federal fiscal year. This amount shall be disposed of in accordance with Federal regulations
and OMB Circular No. A-102 Attachment E.
Article VI: Review of Permit Application Package(s)
A. Permit Application Package: DMLR shall require an operator proposing to conduct surface coal mining and
reclamation operations on Federal lands covered by this Agreement to submit the appropriate permit application
package (PAP) for a permit, permit revision, or permit renewal in an appropriate number of copies to DMLR.
DMLR will furnish OSMRE a copy if OSMRE so requests. The permit application package shall be in the form
required by DMLR and include any supplemental information required by the Federal land management agency. The
PAP shall include the information required by, or necessary for, DMLR to make a determination of compliance with
the State program and, under 30 CFR 740.4( c)(2), with any conditions or special requirements imposed by the
Federal land management agency.
As requested, OSMRE will assist DMLR in identifying Federal agencies which may be affected by the proposed
mining operation.
B. Review Procedures: 1. DMLR shall assume primary responsibility for the analysis, review, and approval or
disapproval of PAPs for a permit, permit revision, or permit renewal for operations on Federal lands covered by this
agreement. DMLR shall also assume primary responsibility for the review and analysis of applications for transfer,
assignment or sale of permit rights required by 30 CFR 740.13 for surface coal mining operations on Federal lands
covered by this agreement. DMLR shall be the primary point of contact for operators regarding PAPs and
applications for the transfer, sale, or assignment of permit rights and will be responsibile for informing the applicant
of all joint State-Federal or Federal determinations.
2. Upon receipt of PAP that involves surface coal mining and reclamation operations on lands covered by this
Agreement, DMLR shall (a) transmit a copy of the complete PAP to the Federal land management agency with a
request for review pursuant to 30 CFR 740.13( c)(4); (b) provide OSMRE with information necessary to allow
OSMRE to determine whether or not a proposed surface coal mining and reclamation operation is prohibited or
limited by the requirements of Section 522(e) of SMORA (30 U.S.C. 1272(e)) and 30 CFR part 761 and part 762;
( c) determine whether leased Federal coal or Federal surface over unleased Federal coal is involved and
immediately inform OSMRE in these situations; and (d) obtain, in a timely manner, the views and determinations of
any other Federal agencies with jurisdiction or responsibility over Federal lands affected by a PAP in Virginia. These
consultation comments shall be forwarded to OSMRE to be considered in any compatibility or valid existing rights
determination;
3. OSMRE will provide technical assistance when requested, if available resources allow, and will process
requests for determinations of compatibility and valid existing rights under 30 CFR part 761 and part 762. OSMRE
will be responsible for ensuring that any information OSMRE receives from an applicant is promptly sent to DMLR.
OSMRE shall have access to DMLR files concerning mines on Federal lands. The Secretary reserves the right to act
independently of DMLR to carry out his responsibilities under laws other than SMORA. A copy of all
correspondence with the applicant that may have a bearing on decisions regarding the PAP shall be sent to the State.
4. DMLR shall prepare the required technical analysis and written findings on the PAP. If requested by the
Federal land management agency, a draft of these documents shall be sent to it for review and comment.
5. Any permit including permit revisions, renewals, transfers, sales, or assignments approved or issued by DMLR
shall incorporate any terms or conditions imposed by OSMRE or the Federal land management agency, including
conditions relating to post mining land use. After DMLR reaches a decision on a PAP, it shall send a notice to the
applicant, the Federal land management agency, and OSMRE with a statement of all findings and conclusions on
which the decision is based.
Article VII: Inspections
A. DMLR Authority: DMLR shall be the point of contact and primary inspection authority in dealing with the
operator concerning operations on lands covered by this Agreement, except as described in this Agreement and the
Secretary's regulations. DMLR must conduct inspections on Federal lands covered by this agreement and shall,
within 30 days of conducting an inspection on Federal lands, prepare and file with OSMRE a legible copy of the
State's completed inspection report. Nothing in this Agreement shall prevent inspections by authorized Federal or
State agencies.
B. DOI Authority: The Secretary reserves the right to conduct inspections without prior notice of DMLR to carry
out his responsibilities under SMORA. For the purposes of evaluating the manner in which this Agreement is being
carried out and to insure that performance and reclamation standards are being met, OSMRE may periodically
conduct inspections of surface coal mining and reclamation operations on Federal lands. OSMRE will attempt to
give DMLR notice of its intent to conduct inspections and encourage joint inspections. However, pursuant to 30 CFR
part 842 or 30 CFR part 877, OSMRE may conduct an inspection without the State when responding to information
that there exists any condition, practice, or violation which creates an imminent danger to the health or safety of the
public or is causing or could reasonably be expected to cause a significant, imminent environmental harm to land,
air, or water resources. If an inspection is make without DMLR inspectors, OSMRE shall provide DMLR with a
copy of the inspection report within 15 days after inspection.
Article VIII: Enforcement
A. DMLR Enforcement: DMLR shall have primary enforcement authority on Federal lands covered by this
Agreement in accordance with the State Program and this Agreement, and DMLR shall take appropriate enforcement
action whenever necessary, including issuance of orders of cessation and notices of violation.
DMLR shall promptly notify the Federal land management agency of all violations of applicable laws, regulations,
orders, and approved permits subject to this Agreement and of all actions taken with respect to such violations.
B. Secretary's Authority: (1) This Agreement does not affect or limit the Secretary's authority to enforce
provisions of laws other than the SMORA. (2) During an inspection made solely by OSMRE or any joint inspection
where DMLR 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 and 845 or with SMORA. Such
enforcement action shall be based on the substantive standards included in the approved State Program and shall be
taken using the procedures and penalty system contained in 30 CFR parts 843 and 845. (3) Nothing in this agreement
shall preclude the Secretary from performing his responsibilities in Save Our Cumberland Mountains v. Hodel, No.
81-2238 (D.D.C.).
C. Witness Availability: Personnel of the State and Interior shall be mutually available to serve as witnesses in
enforcement actions taken by either party.
Article IX: Bonds
A. DMLR shall require all operators on Federal lands covered by this Agreement to submit a performance bond,
payable to both the United States and Virginia. The performance bond shall be of sufficient amount to comply with
the bonding requirements of both SMORA and the State Program. Such bond shall provide that if this Cooperative
Agreement is terminated, (1) the bond will revert to being payable only to the United States to the extent that Federal
lands are involved, and (2) the bond will be delivered by DMLR to OSMRE if only Federal lands are covered by the
bond. The DMLR shall also advise OSMRE of adjustment to the performance bond, pursuant to the Program.
B. Release of the performance bond shall be conditioned upon compliance with all applicable requirements. Prior
to releasing the operator from any obligation under such bond, the DMLR shall obtain the concurrence of the Federal
land management agency. Such bond shall be subject to forfeiture, with the concurrence of OSMRE, in accordance
with the procedures and requirements of the State Program
Article X: Filing of Appeals
Orders and decisions issued by DMLR in accordance with the State Program that are appealable shall be appealed
to the Commonwealth of Virginia in accordance with the State Program. Orders and decisions issued by the
Department that are appealable shall be appealed to the Department of the Interior's Office of Hearings and Appeals.
Article XI: Termination of Cooperative AgreementCTRLF8
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 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
A. Notification of Changes: The Secretary or the State may from time to time promulgate new Federal or State
regulations, including new or revised permitting or performance standards, or administrative and enforcement
procedures. OSMRE and DMLR shall immediately inform each other of any final changes in their respective laws or
regulations as provided in 30 CFR part 732. Each party shall, if it is determined to be necessary to keep this
Agreement in force, change or revise its regulations and request necessary legislative action. Such changes shall be
made under the procedures of 30 CFR part 732 for changes to the State Program and section 501 of the SMORA for
changes to the Federal lands program.
B. Copies of Changes: The State and OSMRE shall provide each other with copies of any changes to their
respective laws, rules, regulations, and standards pertaining to the administration and enforcement of this Agreement.
Article XV: Changes in Personnel and Organization
DMLR and the Secretary shall, consistent with 30 CFR part 745, advise each other of changes in the organization,
structure, functions, duties, and funds of the offices, departments, divisions, and persons within their organizations
which could affect administration and enforcement of this Agreement. Each shall promptly advise the other in
writing of changes in key personnel, including the head of department or division, or changes in the functions or
duties of persons occupying the principal offices within the structure of the program. DMLR and OSMRE shall
advise each other in writing of changes in the location of offices, addresses, telephone numbers, and changes in the
names, location, and telephone numbers of their respective mine inspectors and the area within the State for which
such inspectors are responsible. This provision does not apply to Department of the Interior personnel performing
activities under Save Our Cumberland Mountains v. Hodel referenced in Article VIII of this Agreement.
Article XVI: Reservation of Rights
In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion
of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under
other laws or regulations, including but not limited to those listed in Appendix A.
Approved:
Dated: March 18, 1987.
Signed:
Jerold L. Baliles,
Governor of Virginia.
Dated: January 29, 1987.
Signed:
Donald Paul Hodel,
Secretary of the Interior.
(Reporting and recordkeeping requirements approved by the Office of Management and Budget under control
numbers 1029-0013, 1029-0026, and 1029-0051)
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 parts
3480-3487.
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, 16 U.S.C. 1531 et seq., and implementing regulations, including 50 CFR part
402.
5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., and implementing regulations, including
36 CFR part 800.
6. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing regulations.
7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., and implementing regulations.
8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., and implementing regulations.
9. 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.
10. Executive Order 1593 (May 13, 1971), Cultural Resources Inventories on Federal Lands.
11. Executive Order 11988 (May 24, 1977), for flood plain protection. Executive Order 11990 (May 24, 1977),
for wetlands protection.
12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et seq., and implementing regulations.
13. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.
14. The Constitution of the United States.
15. The Constitution of the State and State Law.
[52 FR 11049, Apr. 7, 1987]
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