West Virginia's Coal Pact Gets a Ho-Hum Refresh
Published Date: 2/20/2026
Rule
Summary
West Virginia is updating its agreement with the federal government to keep managing coal mining and land cleanup on federal lands in the state. This change keeps things running smoothly under the Surface Mining Control and Reclamation Act, starting March 23, 2026. Coal miners, landowners, and local communities will see continued state oversight without new costs or delays.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
Bond Rules and Conversion on Termination
Operators conducting coal exploration or mining on Federal lands covered by the agreement must submit performance and/or penal bonds. If the cooperative agreement is suspended or terminated, the portion of the bond covering Federal lands must be converted into a full-cost reclamation bond and bonds may be made payable to the United States.
State Takes Lead on Federal Mine Permits
Starting March 23, 2026, West Virginia will regulate surface coal mining and reclamation on Federal lands in the State under an amended cooperative agreement. The State is given primary authority to review and approve permit applications involving leased Federal coal and to regulate coal exploration activities on Federal lands except for activities reserved to the Bureau of Land Management under 43 CFR part 3400.
Permit Fees and Penalties Kept by State
The amended agreement incorporates coal exploration application fees and requires civil and criminal penalties collected by the State from operations on Federal lands to be deposited in West Virginia's Special Reclamation Fund and Special Reclamation Water Trust Fund. The State may retain permit application fees as program income in WVDEP's Mining and Reclamation Operation Fund and must report permit fee, penalty, and fine amounts collected during the prior grant year.
Inspections, Oversight, and Enforcement Rules
WVDEP must perform inspections on Federal land and provide OSMRE copies of completed State inspection reports on a "timely basis." OSMRE retains Federal inspection and enforcement authority, may take enforcement action where it conducts inspections or disagrees with State enforcement, and WVDEP must notify OSMRE and any Federal land management agency before suspending or revoking a permit on Federal lands.
No New Substantive Industry Requirements
The final rule states the amended cooperative agreement does not impose any new substantive requirements on the coal industry and will not have a significant economic impact on a substantial number of small entities. The Department says the costs to West Virginia for carrying out the agreement are offset by Federal grants and appropriations.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2025-21443, Rescission of Fee Rates
The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated. New fee rates have been in place since October 1, 2021, and this rule makes it official starting January 27, 2026—unless folks speak up by December 29, 2025. This change mainly affects coal producers and keeps the fee system fresh and fair for years to come.
2026-16318, North Dakota Regulatory Program
North Dakota is updating its rules for surface mining to make things clearer and more efficient. These changes include new timelines for permits, creating a new Environmental Quality department, and shifting some duties to a new Water Resources department. The updates take effect on September 10, 2026, and affect anyone involved in mining permits and environmental oversight in the state.
2026-16136, Ohio Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM), is approving, in part, two amendments to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As proposed by Ohio, the amendment involves statutory and regulatory changes to its bonding program (i.e., revising Ohio's alternative bonding system and providing the option for an applicant to post full-cost performance securities) and also includes statutory and regulatory changes pertaining to other subjects, such as abandoned mine land program funding, permitting standards, valid existing rights, remining, blasting, and topsoil handling. Ohio submitted this amendment, in part, to satisfy a program condition related to bonding inadequacies. We are removing this program condition.
2026-14244, Montana Regulatory Program
Montana updated its coal mining rules to say that if heavy storms overflow siltation ponds, operators won’t be in trouble as long as they built the ponds right and fix them quickly when they can. This change, approved by the federal government, affects coal mine operators and kicks in on August 14, 2026. It helps protect operators from penalties during extreme weather without costing extra money upfront.
2026-14245, Montana Regulatory Program
Montana’s new mining rules let companies use smart predictions and real data to show they’ve cleaned up mining sites properly. The state can now keep some money back if certain pollution problems stick around. These changes kick in on August 14, 2026, affecting coal miners and the environment while making sure cleanup is done right.
2026-12484, Agency Information Collection Activities; 30 CFR 822-Special Permanent Program Performance Standards-Operations in Alluvial Valley Floors
The Office of Surface Mining wants to keep collecting info to make sure coal mining west of the 100th meridian doesn’t harm farming or water systems in alluvial valley floors. This renewal helps protect important land and water while mining happens. If you’re involved in mining or live nearby, you can share your thoughts by August 21, 2026—no new costs or big changes, just keeping the rules working smoothly.
Previous / Next Documents
Previous: 2026-03384, Streamlining the Regulations Governing Requests for Special Census Services and Studies
The Census Bureau is updating its rules to make requesting special census services and studies easier and clearer. They’re removing outdated fee rules that caused confusion and streamlining the process for everyone who needs these special services. These changes take effect on February 20, 2026, helping save time and avoid mix-ups without changing costs.
Next: 2026-03421, Pydiflumetofen; Pesticide Tolerances
The EPA just set safe limits for a pesticide called pydiflumetofen on coffee beans and dragon fruit, thanks to a request from Syngenta. This rule kicks in on February 20, 2026, and affects farmers, food makers, and pesticide companies. If anyone wants to challenge it, they have until April 21, 2026, to speak up—no extra costs or delays expected!