February 19, 2026 - West Virginia now has more authority to regulate coal mining and reclamation of federal lands in the Mountain State.

This comes through an amendment to a cooperative agreement between the State of West Virginia and the U.S. Department of the Interior to give the state authority to regulate federally owned coal leased by the Bureau of Land Management. West Virginia Governor Patrick Morrisey and U.S. Secretary of the Interior Doug Burgum met on Wednesday in Washington, D.C. to finalize the agreement in a signing ceremony.

According to the Department and Morrisey’s office, the amendment is meant to build on framework established by the Surface Mining Control and Reclamation Act of 1977.

They say that this revised agreement allows the West Virginia Department of Environmental Protection to be the lead organization for permitting, inspections and enforcement for both federally leased and privately owned coal operations within West Virginia. However, the Office of Surface Mining Reclamation and Enforcement maintains federal oversight to ensure compliance with the agreement and laws.

“This agreement delivers on President Trump’s commitment to American Energy Dominance and cutting unnecessary red tape,” said Burgum. “By empowering West Virginia to take the lead, we’re streamlining regulations, boosting certainty for coal producers and supporting jobs and investment that strengthen our economy and energy security.” 

The Department and Morrisey’s office say the amendment also updates and clarifies both of their responsibilities, as well as the responsibilities of other federal agencies that are involved in activities on federal lands.

West Virginia’s regulatory program was “conditionally approved” in 1981, and then the original agreement was adopted in 1984. Under that agreement, West Virginia regulated mining for privately owned coal tied to federal lands.

Morrisey says updating and expanding that agreement will help make West Virginia a “national energy powerhouse.”

“This amended agreement helps unleash West Virginia’s energy potential and strengthens our ability to lead,” Governor Morrisey said. “Coal mining is woven into the fabric of our state and has powered our communities, our economy, and this nation for generations. By expanding West Virginia’s regulatory authority, we are accelerating our 50 by 50 energy initiative to make West Virginia a national energy powerhouse. I want to thank President Trump and Secretary Burgum for their commitment to American energy dominance and for working with West Virginia to cut red tape, provide regulatory certainty, and make our state more competitive in our Backyard Brawl to create jobs, grow investments, and build long-term economic growth.” 

Burgum and Morrisey say the rule will take effect once it is published in the Federal Register.