Code of Virginia

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Code of Virginia
Title 45.1. Mines and Mining
Chapter 16. Permits for Certain Mining Operations; Reclamation of Land
6/26/2022

Article 3. Orphaned Lands.

§ 45.1-197.3. (Repealed effective October 1, 2021) Definition.

For the purpose of this article, the term "orphaned lands" shall mean lands disturbed by surface mining of minerals other than coal operations which were not required by law to be reclaimed or which have not been reclaimed.

1978, c. 634.

§ 45.1-197.4. (Repealed effective October 1, 2021) Survey; priorities for reclamation.

The Director shall cause a survey to be conducted to determine the extent of the orphaned lands in this Commonwealth and shall establish priorities for the reclamation thereof.

1978, c. 634.

§ 45.1-197.5. (Repealed effective October 1, 2021) Agreements with owners or lessees; reclamation by Director.

The Director is authorized to enter into agreements with owners or lessees of orphaned lands when the owners agree to the reclamation of such lands by the Division to the extent and in the manner deemed appropriate or reasonable by the Director. In no event shall the Director return orphaned land to other than the minimum potential use thereof which obtained prior to the initiation of mining operations unless the landowner or owners, lessee or lessees, agree to bind himself or themselves to the payment of the additional cost upon such terms as the Director deems reasonable. In entering into such agreements, the Director shall be guided by the priorities for reclamation established by him, but in no event shall the Director enter into such agreement unless funds are immediately available for the performance of the agreement by the Director as hereinafter provided.

1978, c. 634.

§ 45.1-197.6. (Repealed effective October 1, 2021) Contracts for reclamation.

The Director is authorized to contract with any state agency, federal agency, or private contractor through the Division for the purpose of reclaiming orphaned lands pursuant to the agreements herein specified.

1978, c. 634.

§ 45.1-197.7. (Repealed effective October 1, 2021) Acceptance of federal funds, gifts, etc.

The Director is authorized to accept federal funds or gifts or grants from any source for the purposes of this article and is further authorized to acquire by gift or purchase, but not by the exercise of the power of eminent domain, such orphaned lands as in his judgment is in the public interest and to utilize any such funds, gifts or grants for the purposes of this article.

1978, c. 634.