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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 25. Department of Energy
Chapter 130. Coal Surface Mining Reclamation Regulations

4VAC25-130-879.15. Disposition of reclaimed land.

(a) Prior to the disposition of any land acquired under this Part, the Director shall publish a notice of proposed land disposition, hold public hearings, if requested, and make written findings in accordance with the authority contained in Section 407(g)(2) of the Federal Act.

(b) The Director may transfer, with the approval of the OSM, administrative responsibility for land acquired to any agency or political subdivision of the Commonwealth or Federal department or agency with or without cost to that entity. The agreement under which a transfer is made shall specify-

(1) The purposes for which the land may be used, which shall be consistent with the authorization under which the land was acquired; and

(2) That the title of administrative responsibility for the land shall revert to the Director if, at any time in the future, the Director finds that the land is not used for the purposes specified.

(c) The Director, may with approval by the OSM, transfer title to abandoned and unreclaimed land to the United States, to be reclaimed and administered by the OSM. The Director may purchase such land from the OSM after reclamation is completed. The price to be paid shall be the fair market value of the land in its reclaimed condition less any portion of the land acquisition price paid by the Commonwealth.

(d) The Director may sell land acquired and reclaimed under this Part, except that acquired for housing under 4VAC25-130-879.11(c), to local government at less than fair market value but in no case less than purchase price plus reclamation cost provided such land is used for a valid public purpose.

(e) The Director may transfer or sell land acquired for housing under 4VAC25-130-879.11(c), with or without monetary consideration, to any political subdivision of the Commonwealth, or to any firm, association, or corporation. The conditions of transfer or sale shall be in accordance with section 407(h) of the Federal Act.

(f) The Director, with the approval of the OSM, may transfer title for land acquired for housing under 4VAC25-130-879.11(c) under such terms and conditions as required to--

(1) A department, agency, or instrumentality of the Commonwealth; or

(2) Any public body or nonprofit organization designated by the Commonwealth.

(g)(1) The Director may sell the land acquired under this Part by public sale if-

(i) Such land is suitable for industrial, commercial, residential, or recreational development;

(ii) Such development is consistent with local, State, or Federal land use plans for the area in which the land is located; and

(iii) Retention by the Director or disposal under other Paragraphs of this section is not in the public interest.

(2) Disposal procedures will be in accordance with Section 407(g) of the Federal Act and applicable requirements of the Commonwealth.

(3) The Commonwealth may transfer title or administrative responsibility for land to cities, municipalities, or quasi-governmental bodies, provided that the Commonwealth provide for the reverter of the title or administrative responsibility if the land is no longer used for the purposes originally proposed.

(h) All moneys received from disposal of land under this Part shall be deposited in the Fund.

Statutory Authority

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

Historical Notes

Derived from VR480-03-19 § 879.15, 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.

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