The Department of the Interior has amended its cooperative agreement with West Virginia, expanding the state's authority to oversee coal mining and reclamation on federal lands within its borders. The updated agreement was signed in Washington by Interior Secretary Doug Burgum and West Virginia Governor Patrick Morrisey.
This amendment builds upon the framework established by the Surface Mining Control and Reclamation Act of 1977. Previously, West Virginia's regulatory role was limited to mining involving privately owned coal associated with federal lands. The new amendment extends this authority to include federally owned coal leased by the Bureau of Land Management, which is intended to streamline regulatory processes.
“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.”
Governor Morrisey emphasized the significance of this change for his state: “This amended agreement helps unleash West Virginia’s energy potential and strengthens our ability to lead. 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 arrangement, permitting, inspections, and enforcement responsibilities for both privately owned and federally leased coal operations will now fall under West Virginia’s Department of Environmental Protection. The Office of Surface Mining Reclamation and Enforcement will continue its federal oversight role to ensure compliance with laws and agreement terms.
The amendment also updates roles among state agencies, the Department of the Interior, and other federal entities involved in activities on federal lands. This move is designed to clarify responsibilities while promoting efficient coordination between different levels of government.
West Virginia’s regulatory program received conditional approval from Interior in 1981; a cooperative agreement followed in 1984. The latest update reflects current practices aimed at improving cooperation between state and federal agencies while supporting responsible 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 changes will become effective upon publication in the Federal Register. More information about the final rule can be found at https://www.osmre.gov/laws-and-regulations/federal-register-notices.
