WASHINGTON, D.C. — The U.S. Department of the Interior has expanded West Virginia’s authority to regulate coal mining on federal lands and is opening 2.1 million acres of public land in Alaska to development, moves federal officials say are intended to streamline oversight and increase domestic energy production.
What This Means for You
- West Virginia will take the lead on regulating federally leased coal mining within its borders.
- About 2.1 million acres in Alaska will open to mining and other resource development.
- Federal agencies will retain oversight, but states will gain greater control over permitting and land selection.
The actions were announced this week by the Department of the Interior and involve amendments to existing federal agreements and land withdrawals.
West Virginia Gains Expanded Authority
Interior Secretary Doug Burgum and West Virginia Governor Patrick Morrisey signed an amendment to a cooperative agreement that expands the state’s authority under the Surface Mining Control and Reclamation Act of 1977, the federal law governing coal mining and land restoration.
Previously, West Virginia regulated mining involving privately owned coal associated with federal lands. Under the amended agreement, the state’s Department of Environmental Protection will also oversee permitting, inspections and enforcement for federally owned coal leased by the Bureau of Land Management.
The Office of Surface Mining Reclamation and Enforcement will continue to provide federal oversight to ensure compliance with federal law and the terms of the agreement.
“This agreement delivers on President Trump’s commitment to American Energy Dominance and cutting unnecessary red tape,” Burgum said, adding that the change is intended to streamline regulations and provide greater certainty for coal producers.
Governor Morrisey said expanding state authority would accelerate West Virginia’s energy initiatives and support economic growth.
The amended agreement updates the original cooperative framework first adopted in 1984. West Virginia’s regulatory program was conditionally approved by Interior in 1981. The changes will take effect upon publication in the Federal Register. Additional details are available at https://www.osmre.gov/laws-and-regulations/federal-register-notices.
Alaska Lands Opened to Development
In a separate action, the Department of the Interior announced it will issue Public Land Order No. 7966, revoking two prior land withdrawals north of the Yukon River — Public Land Orders 5150 and 5180.
A land withdrawal temporarily removes federal land from development under public land and mining laws. Revoking those withdrawals makes the land available again for mineral claims and other uses.
The change will open approximately 2.1 million acres in Alaska’s Dalton Utility Corridor to location and entry under public land and mining laws. The corridor includes major infrastructure such as the Trans-Alaska Pipeline and proposed projects including the Alaska Liquefied Natural Gas line and Ambler Road.
The action is intended to help Alaska fulfill its remaining land entitlement under the Alaska Statehood Act, which granted the state the right to select millions of acres of federal land upon admission to the Union.
According to the Interior Department, the revocation will allow certain “top filed” lands — previously unavailable for state selection — to become effective state selections. The Bureau of Land Management is working with Alaska officials to identify which parcels the state intends to take title to, moving toward fulfilling its remaining 5.2-million-acre entitlement.
“By opening these lands, we are empowering Alaska to chart its own course and develop energy, minerals and infrastructure that strengthen America’s security and prosperity,” Burgum said.
Alaska Governor Mike Dunleavy called the move “a milestone for Alaska’s self-determination,” saying it advances long-standing commitments tied to statehood.
As part of the process, Alaska has committed to a plan to relinquish excess land selections to address over-selection, in compliance with the Alaska Lands Transfer Acceleration Act.
The Public Land Order will take effect upon publication in the Federal Register.
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