PART 946—VIRGINIA Authority: 30 U.S.C. 1201 et seq. § 946.1 Scope. This part contains all rules applicable only within Virginia that have been adopted under the Surface Mining Control and Reclamation Act of 1977. [46 FR 61114, Dec. 15, 1981] § 946.10 State regulatory program approval. The Virginia regulatory program, as submitted on March 3, 1980, as amended and clarified on June 16, 1980, as resubmitted on August 13, 1981, and as clarified in a meeting with OSMRE on September 21 and 22, 1981, and in a letter to the director of the Office of Surface Mining on October 15, 1981, is conditionally approved, effective December 15, 1981. Effective January 1, 1985, the Department of Mines, Minerals and Energy replaces the Department of Conservation and Economic Development as the regulatory authority in Virginia for all surface coal mining and reclamation operations and all exploration operations on non-Federal and non-Indian lands. Copies of the approved program as amended are available for review at the following locations: (a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219. (b) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, P.O. Drawer 1216, Powell Valley Square Shopping Center, room 220, Route 23, Big Stone Gap, Virginia 24219. [51 FR 42554, Nov. 25, 1986, as amended at 59 FR 17930, Apr. 15, 1994] § 946.11 Conditions of State regulatory program approval. The approval of the Virginia State program is subject to the State revising its program to correct the deficiencies listed in this section. The program revisions may be made, as appropriate, to the statute, the regulations, the program narrative, or the Attorney General's opinion. This section indicates, for the general guidance of the State, the component of the program to which the Secretary recommends the change be made. [46 FR 61114, Dec. 15, 1981, as amended at 47 FR 31550, July 21, 1982; 47 FR 55678, Dec. 13, 1982; 48 FR 25186, June 6, 1983; 48 FR 46031, Nov. 11, 1983; 49 FR 19478, May 8, 1984] § 946.12 State program provisions and amendments not approved. (a) The following provisions are disapproved effective April 22, 1983: Paragraphs 3.01(a)(1), 3.01(a)(4) and 3.01 (a)(5) of the Virginia Coal Surface Mining and Reclamation Regulations for Operations Disturbing Two Surface Acres or Less. (b) The following provisions of the coal surface mining reclamation regulations promulgated pursuant to Chapter 19, Title 45.1 of the Code of Virginia (1950), as submitted on November 8, 1985, as hereby disapproved: (1) The definition of “affected area” in section 480-03-19.700.5 to the extent that it could be interpreted as excluding all public roads with more than incidental public use; (2) Section 480-03-19.761.11(h), which prohibits mining on certain Federal lands, in its entirety; and (c)(1) We are not approving the words, “or the UCP revision current at the time of issuance of the letter of credit,” in the definition of “Collateral bond,” paragraph (d), at 4 VAC 25-130-700.5; and (2) We are not approving the words, “or revision current at the time of issuance of the letter of credit” at 4 VAC 25-130-800.21(c)(1). (d) We are not approving the following portions of provisions of the proposed program amendment that Virginia submitted on June 12, 2015: (1) We are deferring our decision on the removal of 4 VAC 25-130-801.13(d) of the self-bonding regulations until all previously approved self-bonds have either been lawfully released based on an accurate determination that the permittee has satisfactorily completed all reclamation obligations or replaced with an adequate substitute financial assurance under the approved Virginia regulatory program. (2) We are deferring our decision on the provisions of 45.1-270.4.B and C of the Virginia Code that address reclamation tax revenue to the extent that they impose a cap of $20 million. We are approving the continuing collection of the tax beyond $2 million but deferring our decision on the cessation of the tax collection when the Fund reaches $20 million until such time as Virginia either takes legislative action to remove the cap from this statute or demonstrates that $20 million is a sufficient amount of money to complete the reclamation, including water treatment, on any site covered by the Fund. [50 FR 32851, Aug. 15, 1985, as amended at 51 FR 42554, Nov. 25, 1986; 52 FR 26973, July 17, 1987; 66 FR 43483, Aug. 20, 2001; 88 FR 85850, Dec. 11, 2023] § 946.13 State program provisions set aside. (a) Paragraphs 3.01(a)(1), 3.01(a)(4) and 3.01(a)(5) of the Virginia Coal Surface Mining and Reclamation Regulations for Operations Disturbing Two Surface Acres or Less are inconsistent with and less effective than the Federal provisions for the two-acre exemption and are set aside in their entirety under the provisions of section 505(b) of the Surface Mining Control and Reclamation Act of 1977. (b) [Reserved] [50 FR 32851, Aug. 15, 1985] § 946.15 Approval of Virginia regulatory program amendments. The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the Federal Register Federal Register. Original amendment submission date Date of final publication Citation/description January 28, 1982 July 21, 1982 Virginia's revised policy statement granting authority to field inspectors to issue cessation orders for imminent danger or harm. July 9, 1982 August 19, 1982 VA Code § 33.1-246.1; V816.150, V817.150. July 8, 1982 September 21, 1982 VA Code §§ 45.1-270.1 through .7; V808.15, V809, reference changes to remainder of Subchapter VJ. August 13, 1982 December 13, 1982 VA Code § 45.1-235(C); conditions (a) through (j), (l) through (p), (s). September 30, 1982 January 18, 1983 § V809. December 20, 1982 February 28, 1983 § V809.11. March 22, 1983 April 21, 1983, June 6 and 20, 1983 VA Code §§ 45.1-234, 240 , 249, 251. July 9, 1982 April 22, 1983 Chapter 23 of Title 45. May 20, 1983 December 27, 1983 VA Code §§ 45.1-270.2 through .4; Part V809. July 27, 1983 March 16, 1984 Coal haul road policy. February 10, 1984 May 8, 1984 § V786.19(o). April 11, 1984 August 2, 1984 Subchapter VM Part V850—Blaster certification program; §§ V816/817.61(c); Chapter 230 of the 1984 Acts of Assembly; and all other items. June 13, 1984 August 31, 1984 Chapter 590 of the 1984 Acts of Assembly to revise various Sections of Title 45. February 20, 1985 May 8, 1985 VA Code §§ 45.1-244, 369.1. May 1985 August 15, 1985 VA Code §§ 45.1-364, 364.1. September 4, 1985 November 18, 1985 V700.5—definitions of “coal preparation or coal processing,” “coal preparation plant”. November 8, 1985 November 25, 1986 VR 480-03-19: 700 through 850; techniques for measuring revegetation success; applications for a permit revision. March 20, 1987 July 17, 1987 VR 480-03-19: 784.20(f)(2); 817.121(c)(2). January 16, 1987 August 17, 1987 VR 480-03-19.801.13(a)(2), .17(a). June 15, 1987, July 2, 1987 December 31, 1987 VA Code §§ 45.1-270.3:1, .4, .5:1, .6B; VR 480-03-19.801.12(a). September 1, 1987 March 7, 1988 VR 480-13-19.789.1(e); measurement techniques for determining ground cover on small areas; sampling techniques for measuring productivity of grazing land, pasture land, and crop land; VR 480-03-19: .843.15, .845.17(b), .18(b)(1). September 10, 1987 June 16, 1988 VR 480-03-19: 700.5 defining “abatement plan,” “actual improvement,” “baseline pollution load,” “best professional judgment,” “best technology,” “pollution abatement area;” 785.19; 825. June 30, 1989 December 1, 1989 VR 480-03-19: 700.11; 764.15, 773.15; 779.19, .20; 780.14, .16; 783.19, .20; 784.20, .21; 785.14; 801.17; 816.97; 817.97; 840.11; 846, .2, .12; 846.14, .17, .18. July 5, 1989 February 2, 1990 VA Code §§ 45.1-270.2, .3. April 6, 1988 February 5, 1990 VR 480-03-19: 700.5; 772.12(b)(8)(iv); 773.12, .15(c)(11), (12); 779.12(b), .24(j); .780.31; 783.12(b), .24(j); 784.17; 785.13(b)(2), .14(c)(1), .16(a)(1); 800.52; 816/817.116(b)(3)(v)(C); 842.15(d); 843.12(j), .13(f); revegetation success standard. August 31, 1990 December 7, 1990 VA Code § 45.1-270.4:1. September 12, 1990 December 26, 1990 VR 480-03-19: 784.20; 817.121. June 29, 1990 January 4, 1991 VR 480-03-19: 700.5; 773.15, .17, .20, .21; 778.13, .14; 843.11, .13. April 5, 1991, May 1, 1991 August 5, 1991 VR 480-03-19: 801.11(a), .12(a), (b), (g), .14(a) through (d), .15(a); VA Code §§ 45.1-261.1, 270.3, .3:1, .4, .4:1. October 1, 1990 July 7, 1992 VR 480-03-19: 700.5 definitions—“Road,” “Support Facilities,” .11(a), (4), (d); 701.11(a) through (c); 702.5 defining Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, .11 through .18; 772.11(a), (b)(3), .12(a), (b)(3), (d), .14(a), (b); 773.11(a); 780.25(c), .37(a) through (e), .38; 784.16(c), .24(a) through (e), .30; 785.17(e)(5), .21(a); 800.60(b); 815.2, .15(b); 816.46(c)(2), .49(a)(1), (3)(i), (5), (8), (9), (b)(7), (c)(2), .84(b)(2), (f), .116(b)(3)(i), (ii), (iv)(C), (c)(2), .150(a) through .150(e), (f)(1), .151(a)(1), (2), (c), (d)(1), (2), (4), (5), (6); 817.46(c)(2), .49(a)(1), (3)(i), (5), (8), (9), (b)(7), (c)(2), .84(b)(2), (f), .116(b)(3)(i), (ii), (iv)(C), (v)(C), (c)(2), .150(a) through (e), (f)(1), .151(a), (c), (d)(1), (2), (4), (5), (6); 823.11(b), .12(c)(2), .14(d); 827.1; 843.11(a)(2). May 6, 1993 September 24, 1993 VA Code §§ 45.1-243, -258. October 22, 1993 September 27, 1994 VR 480-03-19.816/817: .49(a)(3)(ii), .116(b)(3)(v)(A), (c)(3), .151(b), .152. October 31, 1994 August 8, 1995 VR 480-03-19.816/817.102(e)(1), (2). October 13, 1995 May 29, 1996 VR 480-03-19.816.102(e), .817.102(e). April 17, 1996 August 19, 1996 VA Code § 45.1-243B; VR 480-03-19.784.14(g); 817.41(i)(3), (i)(3)(i), (ii). May 28, 1996 September 4, 1996 VA 480-03-19.700.5 concerning definitions of “Lands eligible for remining,” “Unanticipated event or condition;” 773.15(b)(4), (c)(14); 785.25; 816/817.116(c)(2)(i), (ii). May 21, 1996 September 17, 1997, and November 12, 1997 VA Code §§ 480-03-19.700.5; 784.14, 20; 817.41, 121. December 1, 1997 June 24, 1998 VA Code Sections 701.5; 779.22 [deletion], .25(k) [deletion]; 780.23, .25(a), (a)(2)(a)(3), (b), (c)(3), (f), 35(b); 783.25(k) [deletion]; 784.15, .16(a), (a)(2), (a)(3), (b), (c)(3), (f), .23(c); 800.40(a)(3); 816.46(a)(2), (b)(3), (b)(5), (c)(2), .49(a)(1), (a)(4)(i) & (ii), (5), (6), (9), (11), (c)(2), .74(a) through (g), .81(a), (c)(3) [deletion], .89(d) [deletion], .104, .105; 817.46(a)(2), (b)(3), (b)(5), (c)(2) .49(a)(1), (a)(4)(i) & (ii), (5), (6), (9), (11), (c)(2), .74(a) through (g), .81(a), (c)(3) [deletion], .89(d) [deletion]; 840.11(f)(2) & (g)(4), (h); 843.14(a)(2); 845.17(b) through (b)(2)(ii), .18(a), (b) through (b)(3)(ii), (d)(1) & (2), .19(a) and 846.17(b)(3) [deletion] and (c). July 31, 1997 May 3, 1999 Code of Virginia at § 45.1-241(C) concerning letter of credit. November 17, 1998 December 13, 1999 Policy clarification for implementing 4 VAC 25-130-774.13(d). August 2, 1999 December 27, 1999 Statute: 45.1-235 C of the Code of Virginia. Regulations: 4 VAC 25-130-700.5; 795.1; 795.6(a)(2); 795.7(e)(2) [deleted], and (e)(5) [deleted]; 795.8(a) and (b); 795.9(a), (b)(1) through (b)(6); 795.10(a)(5), (b), (c) [deleted] and (d) [deleted]; 795.11(b); 795.12(a), (a)(2), (a)(3), (b) [deleted], and (c) [deleted]. November 24, 1998 February 7, 2000 Policy clarification for implementing 4 VAC 25-130-816/817.76. June 27, 2000 November 2, 2000 4 VAC 25-130-784.20(a)(3) amended and suspended in part; 817.121(c)(4)(i) through (iv) suspended and deleted. September 22, 2000 August 20, 2001 4 VAC 25-130-700.5 (partial approval); 800.21(a), (c)(1) (partial approval), (2) and (3), and (d). May 16, 2003 September 10, 2003 4 VAC 25-130-777.17. July 20, 2004 April 14, 2005 4 VAC 25-130-801.17 and 801.18. May 9, 2005, and as amended on November 14, 2005, and December 1, 2005 January 10, 2006 4 VAC 25-130-700.12(e); 773.21(c); 775.11(b)(1) and (d); 775.13(c); 784.20(a)(3); 800.51(c)(1); 800.51(e); 816.11(a)(4) and (a)(5); 816.64(a)(4); 816.105(a) and (b); 817.11(a)(4); 817.64(d); 817.121(c)(4); 842.15(d); 843.12(j); 843.13(b); 843.13(e); 843.15(c); 843.16(e); 845.13(c)(1), (d), (e)(1), and (f); 845.15(a); 845.18(b)(1); 845.19(c); 845.19(d); and 846.14(b). February 13, 2007 July 5, 2007 4 VAC 25-130-785.25(c)(deleted); 4 VAC 25-130-816.116 and 817.116(c)(2)(ii). February 13, 2007 April 23, 2008 4 VAC 25-130-816.22(d)(1) and 817.22(d)(1), 4 VAC 25-130-816.43(a) and 817.43(a), 4 VAC 25-130-816.116(b) and 817.116(b). March 12, 2007 October 18, 2007 4 VAC 25-130-842.15(d), Review of decision not to inspect or enforce. July 17, 2008 May 29, 2012 4VAC 25-130-700.5, 4VAC25-130-761.11, 4VAC25-130-761.13, 4VAC25-130-761.16, 4VAC25-130-772.12, 4VAC 25-130-773.13, 4VAC 25-130-773.15, 4VAC 25-130-773.20(c)(3), 4VAC 25-130-773.21, 4VAC 25-130-774.12, 4VAC 25-130-774.17(a), 4VAC 25-130-778.13, 4VAC 25-130-778.14(c), 4VAC 25-130-800.52(a) and (a)(5), 4VAC 25-130-801.12(c) and (d), 4VAC 25-130-801.13, 4VAC 25-130-840.14(c)(2), 4VAC 25-130-846.2. April 29, 2016 October 23, 2019 Amend the following sections of the Virginia Administrative Code: Section 4 VAC 25-130-773.15(a)(3). Review of Permit Applications, General; Section 4 VAC 25-130-773.15(e). Review of Permit Applications, Final compliance review. June 12, 2015 December 11, 2023 45.1-241.C (Performance Bonds), 45.1-270.3 (Initial Payments into Fund; Renewal Payments; Bonds); and 45.1-270.4 (Assessment of Reclamation Tax Revenue for Fund) (partial). [62 FR 9956, Mar. 5, 1997, as amended at 62 FR 60660, Nov. 12, 1997; 63 FR 34286, June 24, 1998; 64 FR 23544, May 3, 1999; 64 FR 69402, Dec. 13, 1999; 64 FR 72280, Dec. 27, 1999; 65 FR 5784, Feb. 7, 2000; 65 FR 65782, Nov. 2, 2000; 66 FR 43483, Aug. 20, 2001; 68 FR 53294, Sept. 10, 2003; 70 FR 19702, Apr. 14, 2005; 71 FR 1494, Jan. 10, 2006; 72 FR 36598, July 5, 2007; 72 FR 59012, Oct. 18, 2007; 73 FR 21823, Apr. 23, 2008; 77 FR 31492, May 29, 2012; 84 FR 56698, Oct. 23, 2019; 88 FR 85850, Dec. 11, 2023] § 946.20 Abandoned mine land reclamation plan approval. Virginia Abandoned Mine Land Reclamation Plan as submitted on September 22, 1980, is approved effective December 15, 1981. Copies of the approved plan are available for review at the following locations: (a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219. (b) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, P.O. Drawer 1216, Powell Valley Square Shopping Center, room 220, Route 23, Big Stone Gap, Virginia 24219. [51 FR 42555, Nov. 25, 1986, as amended at 59 FR 17930, Apr. 15, 1994] § 946.25 Approval of Virginia abandoned mine land reclamation plan amendments. (a) The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the Federal Register Federal Register. Original amendment submission date Date of final publication Citation/description November 8, 1985 November 25, 1986 VR 480-03-19.874 through 882. February 3, 1987 November 13, 1987 VR 480-03-19.884.13(c) (2), (5), (6), (7), (d)(1), (2); Establish emergency program. Feb. 29, 1996 July 3, 1997 Revisions to the Virginia State Reclamation Plan corresponding to 30 CFR 884.13(a), (b), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), (c)(6), (c)(7), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2), and (f)(3). September 19, 1997 February 5, 1998 Revisions to the Virginia State Reclamation Plan corresponding to 30 CFR 884.13(c)(2)—Ranking and Selection: Set Aside Funds; and the AML Water Project Evaluation form. September 10, 1999 January 7, 2000 Revisions to the Virginia State Reclamation Plan corresponding to 30 CFR 884.13(c)(2)—Ranking and Selection: Reclamation Projects Receiving Less Than 50% Government Funding. (b) You may receive a copy from: (1) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219, or (2) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, Powell Valley Square Shopping Center, 1941 Neeley Road, Suite 201, Compartment 116, Big Stone Gap, Virginia 24219. [62 FR 9957, Mar. 5, 1997, as amended at 62 FR 35968, July 3, 1997; 63 FR 5891, Feb. 5, 1998; 65 FR 1065, Jan. 7, 2000] § 946.30 State-Federal Cooperative Agreement. This is a Cooperative Agreement (Agreement) between the Commonwealth of Virginia (State) acting by and through the Governor, and the United States Department of the Interior (Department), acting by and through the Secretary of the Interior (Secretary). Article I: Introduction, Purpose, and Responsible Administrative Agency A. Authority: B. Purpose: C. Responsible Administrative Agencies: Article II: Effective Date The Agreement shall take effect May 7, 1987. This Agreement shall remain in effect until terminated as provided in Article XI. Article III: Definitions The terms and phrases used in this Agreement which are defined in the Act, 30 CFR Chapter VII, and the approved State Program shall be given the meanings set forth in said definitions. Where there is a conflict among the above referenced State and Federal definitions, the definitions used in the approved State Program will apply unless prohibited by Federal law. The term “Federal lands covered by the agreement” means all Federal lands in Virginia except those lands containing leased Federal coal or those consisting of Federal surface over unleased Federal coal. Article IV: Applicability The laws, rules, terms, and conditions of the State Program are applicable to all Federal lands in Virginia. The State is authorized to conduct regulatory activities on all Federal lands with cooperative agreement. Article V: Requirements for Cooperative Agreement The Governor and the Secretary affirm that they will comply with all of the provisions of this Agreement and will continue to meet all the conditions and requirements specified in the Agreement. A. Authority of State Agency: B. Funds: Funds provided to the State shall be adjusted in accordance with the Office of Management and Budget Circular A-102, Attachment E. C. Reports and Records: D. Personnel: E. Equipment and Laboratories: F. Permit Application Fees: Article VI: Review of Permit Application Package(s) A. Permit Application Package: As requested, OSMRE will assist DMLR in identifying Federal agencies which may be affected by the proposed mining operation. B. Review Procedures: 2. Upon receipt of PAP that involves surface coal mining and reclamation operations on lands covered by this Agreement, DMLR shall (a) transmit a copy of the complete PAP to the Federal land management agency with a request for review pursuant to 30 CFR 740.13(c)(4); (b) provide OSMRE with information necessary to allow OSMRE to determine whether or not a proposed surface coal mining and reclamation operation is prohibited or limited by the requirements of Section 522(e) of SMORA (30 U.S.C. 1272(e)) and 30 CFR part 761 and part 762; (c) determine whether leased Federal coal or Federal surface over unleased Federal coal is involved and immediately inform OSMRE in these situations; and (d) obtain, in a timely manner, the views and determinations of any other Federal agencies with jurisdiction or responsibility over Federal lands affected by a PAP in Virginia. These consultation comments shall be forwarded to OSMRE to be considered in any compatibility or valid existing rights determination; 3. OSMRE will provide technical assistance when requested, if available resources allow, and will process requests for determinations of compatibility and valid existing rights under 30 CFR part 761 and part 762. OSMRE will be responsible for ensuring that any information OSMRE receives from an applicant is promptly sent to DMLR. OSMRE shall have access to DMLR files concerning mines on Federal lands. The Secretary reserves the right to act independently of DMLR to carry out his responsibilities under laws other than SMORA. A copy of all correspondence with the applicant that may have a bearing on decisions regarding the PAP shall be sent to the State. 4. DMLR shall prepare the required technical analysis and written findings on the PAP. If requested by the Federal land management agency, a draft of these documents shall be sent to it for review and comment. 5. Any permit including permit revisions, renewals, transfers, sales, or assignments approved or issued by DMLR shall incorporate any terms or conditions imposed by OSMRE or the Federal land management agency, including conditions relating to post mining land use. After DMLR reaches a decision on a PAP, it shall send a notice to the applicant, the Federal land management agency, and OSMRE with a statement of all findings and conclusions on which the decision is based. Article VII: Inspections A. DMLR Authority: B. DOI Authority: Article VIII: Enforcement A. DMLR Enforcement: DMLR shall promptly notify the Federal land management agency of all violations of applicable laws, regulations, orders, and approved permits subject to this Agreement and of all actions taken with respect to such violations. B. Secretary's Authority: Save Our Cumberland Mountains Hodel, C. Witness Availability: Article IX: Bonds A. DMLR shall require all operators on Federal lands covered by this Agreement to submit a performance bond, payable to both the United States and Virginia. The performance bond shall be of sufficient amount to comply with the bonding requirements of both SMORA and the State Program. Such bond shall provide that if this Cooperative Agreement is terminated, (1) the bond will revert to being payable only to the United States to the extent that Federal lands are involved, and (2) the bond will be delivered by DMLR to OSMRE if only Federal lands are covered by the bond. The DMLR shall also advise OSMRE of adjustment to the performance bond, pursuant to the Program. B. Release of the performance bond shall be conditioned upon compliance with all applicable requirements. Prior to releasing the operator from any obligation under such bond, the DMLR shall obtain the concurrence of the Federal land management agency. Such bond shall be subject to forfeiture, with the concurrence of OSMRE, in accordance with the procedures and requirements of the State Program Article X: Filing of Appeals Orders and decisions issued by DMLR in accordance with the State Program that are appealable shall be appealed to the Commonwealth of Virginia in accordance with the State Program. Orders and decisions issued by the Department that are appealable shall be appealed to the Department of the Interior's Office of Hearings and Appeals. Article XI: Termination of Cooperative Agreement This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15. Article XII: Reinstatement of Cooperative Agreement If this Agreement has been terminated in whole or part, it may be reinstated under the provisions of 30 CFR 745.16. Article XIII: Amendment of Cooperative Agreement This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14. Article XIV: Changes in State or Federal Standards A. Notification of Changes: B. Copies of Changes: Article XV: Changes in Personnel and Organization DMLR and the Secretary shall, consistent with 30 CFR part 745, advise each other of changes in the organization, structure, functions, duties, and funds of the offices, departments, divisions, and persons within their organizations which could affect administration and enforcement of this Agreement. Each shall promptly advise the other in writing of changes in key personnel, including the head of department or division, or changes in the functions or duties of persons occupying the principal offices within the structure of the program. DMLR and OSMRE shall advise each other in writing of changes in the location of offices, addresses, telephone numbers, and changes in the names, location, and telephone numbers of their respective mine inspectors and the area within the State for which such inspectors are responsible. This provision does not apply to Department of the Interior personnel performing activities under Save Our Cumberland Mountains Hodel Article XVI: Reservation of Rights In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under other laws or regulations, including but not limited to those listed in appendix A. Approved: Dated: March 18, 1987. Signed: Jerold L. Baliles, Governor of Virginia. Dated: January 29, 1987. Signed: Donald Paul Hodel, Secretary of the Interior. (Reporting and recordkeeping requirements approved by the Office of Management and Budget under control numbers 1029-0013, 1029-0026, and 1029-0051) Appendix A 1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et seq., 2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., 3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., 4. The Endangered Species Act, 16 U.S.C. 1531 et seq., 5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., 6. The Clean Air Act, 42 U.S.C. 7401 et seq., 7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., 8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., 9. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 et seq. 10. Executive Order 1593 (May 13, 1971), Cultural Resources Inventories on Federal Lands. 11. Executive Order 11988 (May 24, 1977), for flood plain protection. Executive Order 11990 (May 24, 1977), for wetlands protection. 12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et seq., 13. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq. 14. The Constitution of the United States. 15. The Constitution of the State and State Law. [52 FR 11049, Apr. 7, 1987]