Department of the Interior and West Virginia Sign Agreement Expanding State Oversight of Coal Mining on Federal Land

WASHINGTON — The Department of the Interior has signed an amendment to its cooperative agreement with the State of West Virginia, giving the state expanded authority to regulate coal mining and reclamation on federal lands within its borders. 

The agreement was finalized during a signing ceremony in Washington between Interior Secretary Doug Burgum and West Virginia Governor Patrick Morrisey. The change builds on the cooperative framework established under the Surface Mining Control and Reclamation Act of 1977. 

“This agreement delivers on President Trump’s commitment to American Energy Dominance and cutting unnecessary red tape,” said Secretary of the Interior Doug Burgum. “By empowering West Virginia to take the lead, we’re streamlining regulations, boosting certainty for coal producers and supporting jobs and investment that strengthen our economy and energy security.” 

Previously, West Virginia regulated mining involving privately owned coal tied to federal lands. The amendment now extends that authority to include federally owned coal leased by the Bureau of Land Management, creating a more streamlined regulatory process. 

“This amended agreement helps unleash West Virginia’s energy potential and strengthens our ability to lead,” Governor Morrisey said. “Coal mining is woven into the fabric of our state and has powered our communities, our economy, and this nation for generations. By expanding West Virginia’s regulatory authority, we are accelerating our 50 by 50 energy initiative to make West Virginia a national energy powerhouse. I want to thank President Trump and Secretary Burgum for their commitment to American energy dominance and for working with West Virginia to cut red tape, provide regulatory certainty, and make our state more competitive in our Backyard Brawl to create jobs, grow investments, and build long-term economic growth.” 

Under the revised agreement, West Virginia’s Department of Environmental Protection will take the lead on permitting, inspections and enforcement for both privately owned and federally leased coal operations in the state. The Office of Surface Mining Reclamation and Enforcement will maintain federal oversight to ensure compliance with the law and the terms of the agreement. 

The amendment also updates and clarifies responsibilities among the state, the Department of the Interior and other federal agencies involved in activities on federal lands. 

West Virginia’s regulatory program was conditionally approved by Interior in 1981. The original cooperative agreement was adopted in 1984. The updated agreement reflects modern practices and strengthens coordination between state and federal agencies while supporting efficient and responsible energy development. 

“The Surface Mining Control and Reclamation Act is built on the principle of cooperative federalism, with states serving as the primary regulators of coal mining and reclamation,” said Lanny E. Erdos, director of the Office of Surface Mining Reclamation and Enforcement. “This amended agreement clarifies roles, reduces duplication and provides greater regulatory certainty, while ensuring that the Department of the Interior retains its federal oversight responsibilities. It reflects a practical, accountable approach that supports responsible mining and effective reclamation in West Virginia.” 

The agreement and accompanying final rule will take effect upon publication in the Federal Register. For more information and to view the final rule, visit https://www.osmre.gov/laws-and-regulations/federal-register-notices. 

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