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Code of Virginia
Title 45.2. Mines, Minerals, and Energy
Chapter 12. Permits for Certain Mining Operations; Reclamation of Land
11/21/2024

Article 3. Orphaned Lands.

§ 45.2-1228. Orphaned Lands Reclamation Fund.

There is hereby created in the state treasury a special nonreverting fund to be known as the Orphaned Lands Reclamation Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. An amount equal to the average interest rate earned for all funds in the state treasury as applied to the Minerals Reclamation Fund created pursuant to § 45.2-1234 shall be paid annually into the state treasury and credited to the Fund. Moneys in the Fund shall be used solely for the purpose of the reclamation of orphaned lands pursuant to this article. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.

1978, c. 634, § 45.1-197.18; 1984, c. 590; 2017, c. 4; 2021, Sp. Sess. I, c. 387.

§ 45.2-1229. Survey; priorities for reclamation.

The Director shall conduct a survey to determine the extent of the orphaned lands in the Commonwealth and shall establish priorities for the reclamation of such lands.

1978, c. 634, § 45.1-197.4; 2021, Sp. Sess. I, c. 387.

§ 45.2-1230. Agreements with owners or lessees; reclamation by Director.

The Director is authorized to enter into agreements with owners or lessees of orphaned land when the owners agree to the reclamation of such land by the Division to the extent and in the manner deemed appropriate or reasonable by the Director. The Director shall not return orphaned land to any use other than the minimum potential use of the land that existed prior to the initiation of mining operations unless the landowner or owners, or lessee or lessees, agree to bind themselves to the payment of the additional cost upon terms that the Director deems reasonable. In entering into such agreements, the Director shall be guided by the priorities for reclamation established by him and shall not enter into any such agreement unless funds are immediately available for the performance of the agreement by the Director as provided in this article.

1978, c. 634, § 45.1-197.5; 2021, Sp. Sess. I, c. 387.

§ 45.2-1231. 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 specified in this article.

1978, c. 634, § 45.1-197.6; 2021, Sp. Sess. I, c. 387.

§ 45.2-1232. Acceptance of federal funds, gifts, etc.

The Director is authorized (i) to accept federal funds or gifts or grants from any source for the purposes of this article; (ii) to acquire by gift or purchase, but not by the exercise of the power of eminent domain, any orphaned lands whose acquisition he judges to be in the public interest; and (iii) to utilize any such funds, gifts, or grants for the purposes of this article.

1978, c. 634, § 45.1-197.7; 2021, Sp. Sess. I, c. 387.