                                 CODE OF VIRGINIA

 EXPLORATION FOR AND EXTRACTION OF MINERALS ON STATE-OWNED UPLANDS (§ 2.2-1157)

A. The Department of Energy, in cooperation with the Division, 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 public hearings and the public advertising for competitive bids
or proposals for mineral exploration, leasing, and extraction activities on
state-owned uplands. Sales of mineral exploration permits and leases for these
lands shall be administered by the Division, with the advice of the Department
of Energy.

B. Upon receiving the recommendation of both the Director of the Department of
General Services and the Director of the Department of Energy, the Governor
shall determine whether the proposed mineral exploration, leasing, or extraction
of minerals on state-owned uplands is in the public interest. No state-owned
uplands shall be approved for mineral exploration, leasing, or extraction
without a public hearing in the locality where the affected land or the greater
portion thereof is located and a competitive bid or proposal process as
described in the Plan. The provisions of this section shall not apply to the
extraction of minerals on state-owned uplands pursuant to an oil or gas pooling
order unless the well through which the extraction will occur is situated on
such land.
			For purposes of this section, &#8220;state-owned uplands&#8221; means lands
owned by the Commonwealth that (i) lie landward of the mean low water mark in
tidal areas or (ii) have an elevation above the average surface water level in
nontidal areas.

C. The agencies, departments, or institutions proposing or receiving
applications for mineral exploration, leasing or extraction on state-owned
uplands shall, through their boards or commissions, recommend all such
activities to the Division following guidelines set forth in the Plan. The
Division and the Department of Energy shall review and recommend to the Governor
such proposed activities. Such agencies, departments or institutions, through
their boards or commissions, may execute the leases or contracts that have been
approved by the Governor.

D. The proceeds from all such sales or leases above the costs of the sale to the
Department of Energy or to the agency, department or institution sponsoring the
sale shall be paid into the general fund of the state treasury, so long as the
sales or leases pertain to general fund agencies or the property involved was
originally acquired through the general fund. Net proceeds from sales or leases
of special-fund agency properties or property acquired through a gift shall be
retained by such agency or institution or used in accordance with the original
terms of the gift if so stated.

E. Mining, leasing, and extraction activities in state-owned submerged lands
shall be authorized and administered by the Virginia Marine Resources Commission
pursuant to Title 28.2 ( &#xA7; 28.2-100 et seq.).

HISTORY: 1982, c. 238, § 2.1-512.1; 1984, c. 750; 1986, c. 488; 2001, c. 844;
2009, c. 612; 2019, cc. 659, 660; 2021, Sp. Sess. I, c. 532.