2006 Code of Virginia § 2.2-1157 - Exploration for and extraction of minerals on state-owned uplands

2.2-1157. Exploration for and extraction of minerals on state-owned uplands.

A. The Department of Mines, Minerals and Energy, in cooperation with theDivision, shall develop, with the assistance of affected state agencies,departments, and institutions, a State Minerals Management Plan (the"Plan"). The Plan shall include provisions for the holding of publichearings and the public advertising for competitive bids or proposals formineral exploration, leasing, and extraction activities on state-owneduplands. Sales of mineral exploration permits and leases for these landsshall be administered by the Division, with the advice of the Department ofMines, Minerals and Energy.

B. Upon receiving the recommendation of both the Director of the Departmentof General Services and the Director of the Department of Mines, Minerals andEnergy, the Governor shall determine whether the proposed mineralexploration, leasing, or extraction of minerals on state-owned uplands is inthe public interest. No state-owned uplands shall be approved for mineralexploration, leasing, or extraction without a public hearing in the localitywhere the affected land or the greater portion thereof is located and acompetitive bid or proposal process as described in the Plan. The provisionsof this section shall not apply to the extraction of minerals on state-owneduplands pursuant to an oil or gas pooling order unless the well through whichthe extraction will occur is situated on such land.

For purposes of this section, "state-owned uplands" means lands owned bythe Commonwealth that (i) lie landward of the mean low water mark in tidalareas or (ii) have an elevation above the average surface water level innontidal areas.

C. The agencies, departments, or institutions proposing or receivingapplications for mineral exploration, leasing or extraction on state-owneduplands shall, through their boards or commissions, recommend as specified insubsection B of 2.2-1156 all such activities to the Division followingguidelines set forth in the Plan. The Division and the Department of Mines,Minerals and Energy shall review and recommend to the Governor such proposedactivities. Such agencies, departments or institutions, through their boardsor commissions, may execute the leases or contracts that have been approvedby the Governor.

D. The proceeds from all such sales or leases above the costs of the sale tothe Department of Mines, Minerals and Energy or to the agency, department orinstitution sponsoring the sale shall be paid into the general fund of thestate treasury, so long as the sales or leases pertain to general fundagencies or the property involved was originally acquired through the generalfund. Net proceeds from sales or leases of special-fund agency properties orproperty acquired through a gift shall be retained by such agency orinstitution or used in accordance with the original terms of the gift if sostated.

E. Mining, leasing, and extraction activities in state-owned submerged landsshall be authorized and administered by the Virginia Marine ResourcesCommission pursuant to 28.2-100 et seq.

(1982, c. 238, 2.1-512.1; 1984, c. 750; 1986, c. 488; 2001, c. 844.)

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