The Department of the Interior (DOI) 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. At the same time, the Office of Surface Mining Reclamation and Enforcement (OSM) finalized updates to the Ten-Day Notice rule, removing rigid deadlines for resolving state program issues, allowing states to act efficiently without federal overreach and enabling the agency to use all available information before issuing a notice to ensure accuracy and fairness. Both actions place further control of coal mining in an individual state’s hands.
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. 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 amendment also updates and clarifies responsibilities among the state, the DOI and other federal agencies involved in activities on federal lands. OSM will maintain federal oversight to ensure compliance with the law and the terms of the agreement.
“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,” said Secretary of the Interior Doug Burgum.
“This amended agreement helps unleash West Virginia’s energy potential and strengthens our ability to lead,” said Governor Morrisey. “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.”
OSM’s action repeals the 2024 rule and reinstates, with improvements, the 2020 rule that emphasized efficiency and state-level expertise, empowering states to manage mining oversight. By streamlining processes and eliminating demanding timelines, the rule ensures that states can address potential violations quickly and effectively without federal mandates.
“This rule strengthens our partnership with states and recognizes their leadership in safeguarding mining practices,” said Lanny E. Erdos, director of OSM. “OSM will continue to provide oversight and guidance and is committed to working side-by-side with states to ensure compliance and protect communities.”
The Ten-Day notice rule update will take effect on March 23, 2026, and the DOI’s agreement with West Virginia will take effect upon publication in the Federal Register.
Source: www.coalage.com
