This bill amends the Code of West Virginia by introducing the Coal Cotenancy Modernization and Miners Protection Act, which clarifies that the lawful mining, extraction, or production of coal is permissible with the consent of one or more owners of the coal estate, thereby not constituting waste or trespass. Nonconsenting co-tenants are entitled to a production royalty, and the bill establishes the Unknown and Unlocatable Coal Interest Owners Fund, managed by the State Treasurer, to address the interests of owners who cannot be located. It also outlines the responsibilities of operators in reporting and remitting reserved interests for these unknown owners, while emphasizing the protection of surface owners' rights and the health and safety of coal miners.

Additionally, the bill enhances the management of coal estates by introducing provisions related to the Abandoned Land Reclamation Fund, requiring the administrator to transfer funds semiannually starting July 1, 2027, and to publish notices regarding unknown or unlocatable interest owners. It specifies rules for crediting interest to owners' accounts, stating that interest will be credited upon claims but not for income or gains after three years of the owner's interest being held. The bill also mandates the proposal of rules for legislative approval to implement these provisions and recognizes the need for an emergency rule by September 1, 2026, to facilitate the safe and efficient mining of coal while addressing the interests of all parties involved.

Statutes affected:
Introduced Version: 37-7-2, 37D-1-1, 37D-1-2, 37D-1-3, 37D-1-4, 37D-1-5, 37D-1-6, 37D-2-1, 37D-2-2, 37D-2-3, 37D-2-4, 37D-2-5, 37D-2-6, 37D-2-7