Section 740.11. Applicability

(a) Upon approval of a cooperative agreement between the Commonwealth and the Secretary this Subchapter shall apply to:

(1) Coal exploration operations on Federal lands not subject to 43 CFR 3480-3487;

(2) Surface coal mining and reclamation operations on lands containing leased Federal coal; and

(3) Surface coal mining and reclamation operations on lands in Virginia where either the coal to be mined or the surface is owned by the United States.

(b) The cooperative agreement shall delineate the responsibilities of the Secretary and the Commonwealth with respect to the administration of the regulatory program and this Subchapter.

(c) Nothing in this Subchapter shall affect in any way the authority of the Secretary or any Federal land management agency to include in any lease, license, permit, contract, or other instrument such conditions as may be appropriate to regulate surface coal mining and reclamation operations under provisions of law other than the Federal Act on land under their jurisdiction.

Historical Notes

Derived from VR480-03-19 § 740.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.