Administrative Code

Virginia Administrative Code
7/5/2022

Part 879. Acquisition, Management, and Disposition of Lands and Water

4VAC25-130-879.11. Land eligible for acquisition.

(a) Land adversely affected by past coal mining practices may be acquired by the Director with moneys from the Fund if approved in advance by the OSM. The Director shall find in writing that acquisition is necessary for successful reclamation and that-

(1) The acquired land will serve recreation, historic, conservation, and reclamation purposes or provide open space benefits after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; and

(2) Permanent facilities will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

(b)(1) Coal refuse disposal sites and all coal refuse thereon may be acquired with moneys from the Fund by the Director if approved in advance by the OSM. Prior to the approval of the acquisition of such sites, the Director shall find in writing that the acquisition of such land is necessary for successful reclamation and will serve the purposes of the Abandoned Mine Land Reclamation Program.

(2) Where an emergency situation exists and a written finding as set out in 4VAC25-130-877.14 has been made, the Director may use Fund moneys to acquire lands where public ownership is necessary to meet an emergency situation and prevent recurrence of the adverse effects of past coal mining practices.

(c) Land adversely affected by past coal mining practices may be acquired by the Director if the acquisition with moneys from the Fund is an integral and necessary element of an economically feasible plan or project to construct or rehabilitate housing which meets the specific requirements set out in section 407(h) of the Federal Act.

(d) Land or interests in land needed to fill voids, seal abandoned tunnels, shafts, and entryways or reclaim surface impacts of underground or surface mines may be acquired by the Director if he determines that acquisition is necessary under 4VAC25-130-874.12(a), (b), and (c).

(e) The Director shall acquire only such interests in the land as are necessary for the reclamation work planned or the postreclamation use of the land. Interests in improvements on the land, mineral rights, or associated water rights may be acquired if-

(1) The customary practices and laws of the Commonwealth will not allow severance of such interests from the surface estate; or

(2) Such interests are necessary for the reclamation work planned or for the postreclamation use of the land; and

(3) Adequate written assurances cannot be obtained from the owner of the severed interest that future use will not be in conflict with the reclamation to be accomplished.

Statutory Authority

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

Historical Notes

Derived from VR480-03-19 § 879.11, 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.

4VAC25-130-879.12. Procedures for acquisition.

(a) An appraisal of all land or interest in land to be acquired shall be obtained by the Director. The appraisal shall state the fair market value of the land as adversely affected by past mining.

(b) When practical, acquisition shall be by purchase from a willing seller. The amount paid for land or interests in land acquired shall reflect the fair market value of the land or interests in land as adversely affected by past mining.

(c) When necessary, land or interests in land may be acquired by condemnation. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.

(d) The Director shall comply, at a minimum, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1972, Chapter 6 (§ 25-235 et seq.) of Title 25 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from VR480-03-19 § 879.12, 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.

4VAC25-130-879.13. Acceptance of gifts of land.

(a) The Director may accept donations of title to land or interests in land if the land proposed for donation meets the requirements set out in 4VAC25-130-879.11.

(b) Offers to make a gift of land or interest in land to the Commonwealth shall be in writing and comply with the laws and regulations of the Commonwealth for land donations.

Statutory Authority

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

Historical Notes

Derived from VR480-03-19 § 879.13, 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.

4VAC25-130-879.14. Management of acquired land.

Land acquired under this Part may be used for any lawful purpose that is consistent with the necessary reclamation activities. Procedures for collection of user charges or the waiver of such charges by the Director shall provide that all user fees collected 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 § 879.14, 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.

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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