W.Va. Takes Control Of Federal Mine Lands In State

West Virginia now has more authority over coal mining and reclamation activities on federal lands in the state. 

Gov. Patrick Morrisey and Secretary of the Interior Doug Burgum amended Wednesday the State-Federal Cooperative Agreement between West Virginia and the U.S. Department of the Interior. 

“This amendment strengthens the principle of cooperative federalism that underpins SMCRA (Surface Mining Control and Reclamation Act of 1977),” Morrisey said. “West Virginia has long demonstrated that we can regulate responsibly while supporting the workers and communities that power our nation. By clarifying roles and reducing duplication, this agreement ensures greater efficiency, stronger accountability, and continued environmental protection. It allows decisions affecting West Virginia communities to be made closer to the ground by the people who understand our land, our workforce, and our economy.”

The amendment makes it clear that West Virginia can now regulate federal lands within the state that contain coal leased by the U.S. Bureau of Land Management. 

“This agreement delivers on President Trump’s commitment to American Energy Dominance and cutting unnecessary red tape,” Burgum said. “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.” 

Under the revised agreement, the West Virginia Department of Environmental Protection (WVDEP) will assume primary responsibility for permitting, inspection, and enforcement activities for both privately owned and federally leased coal operations in the state. The Office of Surface Mine Reclamation and Enforcement (OSMRE) will maintain federal oversight to ensure compliance with SMCRA and the terms of the cooperative agreement.

The amendment updates and clarifies the responsibilities of the State of West Virginia, the Department of the Interior, OSMRE, and other federal agencies involved in operations on federal lands. It reflects modern regulatory practices and strengthens coordination between state and federal partners while maintaining appropriate federal oversight.

Only about 7.4% of West Virginia is federal land. According to the federal Office of Natural Resources Revenue, no coal was mined on federal land in West Virginia from 2003 to 2024.