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, "state-owned uplands" 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 ( § 28.2-100 et seq.).
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.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 11 - Department of General Services
§ 2.2-1100. Creation of Department; appointment of Director; duties
§ 2.2-1101. Creation of internal service fund accounts
§ 2.2-1102. Additional powers of Department
§ 2.2-1103. Division of Consolidated Laboratory Services
§ 2.2-1104. Laboratory, testing, and analytical functions
§ 2.2-1105. Environmental laboratory certification program
§ 2.2-1106. Consolidation of other laboratories
§ 2.2-1107. Disposal of certain hazardous materials
§ 2.2-1108. Disposal of certain other property
§ 2.2-1109. Division of Purchases and Supply established
§ 2.2-1110. Using agencies to purchase through Division of Purchases and Supply; exception
§ 2.2-1112. Standardization of materials, equipment and supplies
§ 2.2-1113. Printing management coordination; uniform standards for state forms
§ 2.2-1114. Regulations as to estimates and requisitions; submission of estimates
§ 2.2-1115. Execution of contracts; payment for purchases; violations
§ 2.2-1115.1. Standard vendor accounting information
§ 2.2-1116. Purchase of products and services of state correctional facilities
§ 2.2-1117. Purchases from Department for the Blind and Vision Impaired; violation
§ 2.2-1119. Cases in which purchasing through Division not mandatory
§ 2.2-1123. Acquisition of surplus materials from the United States government
§ 2.2-1124. Disposition of surplus materials
§ 2.2-1125. Proceeds from the sale or recycling of surplus materials
§ 2.2-1128. Sale of state flag
§ 2.2-1129. Division of Engineering and Buildings
§ 2.2-1131. Maintenance and utilization standards
§ 2.2-1131.1. Establishment of performance standards for the use of property
§ 2.2-1133. Use of value engineering
§ 2.2-1135. Information on equipment utilizing wood wastes
§ 2.2-1137. Location, construction or lease of state consolidated office buildings
§ 2.2-1138. Planning and construction by Division; exemption
§ 2.2-1139. Transfer of funds; acceptance of donations
§ 2.2-1140. Assignment of office space
§ 2.2-1142. Furniture for Executive Mansion
§ 2.2-1143. Services for Capitol and other state facilities
§ 2.2-1144. Control of Capitol Square and other property at seat of government
§ 2.2-1147.1. Right to breast-feed
§ 2.2-1147.3. Baby changing facilities in restrooms located in public buildings
§ 2.2-1148. Approval of actions; conveyances in name of the Commonwealth
§ 2.2-1150.1. Lease or conveyance of any interest in State Police communication tower
§ 2.2-1150.3. Lease of state military reservation property
§ 2.2-1156. Sale or lease of surplus property and excess building space
§ 2.2-1157. Exploration for and extraction of minerals on state-owned uplands
§ 2.2-1158. Management, harvesting and sale of timber on lands under control of Division
§ 2.2-1161. Buildings not in conformance with standards for persons with physical disabilities
§ 2.2-1161.1. Code Adam alerts in public buildings
§ 2.2-1164. Standards for inspection of buildings for asbestos
§ 2.2-1167. Commonwealth immune from civil liability
§ 2.2-1168. Division of Support Services may be established
§ 2.2-1169. Mail handling, messenger and parcel service
§ 2.2-1170. Office equipment pool; repair
§ 2.2-1171. Printing and duplicating facilities
§ 2.2-1174. Vehicles assigned to the centralized fleet
§ 2.2-1175. Responsibilities of Director
§ 2.2-1176. Approval of purchase, lease, or contract rental of motor vehicle
§ 2.2-1176.1. Alternative Fuel Vehicle Conversion Fund established
§ 2.2-1177. Transfer of surplus motor vehicles
§ 2.2-1178. Use of passenger-type vehicles on an assigned basis
§ 2.2-1179. Use of vehicles for commuting
§ 2.2-1180. Guidance documents governing state-owned passenger-type vehicles