16 Tex. Admin. Code § 12.803 - Eligible Coal Lands and Water
(a)
Coal mined lands and associated waters shall be eligible for reclamation
activities if:
(1) they were mined for coal
or affected by coal mining processes;
(2) they were mined prior to August 3, 1977,
and left or abandoned in either an unreclaimed or inadequately reclaimed
condition;
(3) there is no
continuing responsibility for reclamation by the operator, permittee, or agent
of the permittee under statutes of the state or federal government, or the
state as a result of bond forfeiture. Bond forfeiture shall render lands or
water ineligible only if the amount forfeited is sufficient to pay the total
cost of the necessary reclamation. In cases where the forfeited bond is
insufficient to pay the total cost of reclamation, additional moneys from the
Texas Abandoned Mine Land Fund or any prior balance replacement funds may be
used.
(b) Notwithstanding
subsection (a) of this section, coal lands and waters in the state damaged and
abandoned after August 3, 1977, by coal mining processes shall also be eligible
for funding if the Secretary finds in writing that:
(1) they were mined for coal or affected by
coal mining processes; and
(2) the
mining occurred and the site was left in either an unreclaimed or inadequately
reclaimed condition between August 4, 1977, and either:
(A) the date on which the Secretary approved
the state regulatory program pursuant to Section 503 of the Federal Act, and
that any funds for reclamation or abatement that are available pursuant to a
bond or other form of financial guarantee or from any other source are not
sufficient to provide for adequate reclamation or abatement at the site;
or
(B) November 5, 1990, and that
the surety of the mining operator became insolvent during such period, and
that, as of November 5, 1990, funds immediately available from proceedings
relating to such insolvency or from any financial guarantee or other source are
not sufficient to provide for adequate reclamation or abatement at the site;
and
(3) the site
qualifies as a priority 1 or 2 site pursuant to Section 403(a)(1) and (2) of
the Federal Act. Priority shall be given to those sites that are in the
immediate vicinity of a residential area or that have an adverse economic
impact upon a community.
(c) The Commission may expend funds made
available under paragraphs 402(g)(1) and (5) of the Federal Act for reclamation
and abatement of any site eligible under subsection (b) of this section if the
Commission, with the concurrence of the Secretary, makes the findings required
in subsection (b) of this section and the Commission determines that the
reclamation priority of the site is the same or more urgent than the
reclamation priority for the lands and water eligible pursuant to subsection
(a) of this section that qualify as a priority 1 or 2 site under Section 403(a)
of the Federal Act.
(d) With
respect to lands eligible pursuant to subsection (b) or (c) of this section,
moneys available from sources outside the Abandoned Mine Reclamation Fund or
that are ultimately recovered from responsible parties shall either be used to
offset the cost of the reclamation or transferred to the Abandoned Mine
Reclamation Fund if not required for further reclamation activities at the
permitted site.
(e) If reclamation
of a site covered by an interim or permanent program permit is carried out
under the Abandoned Mine Land Program, the permittee of the site shall
reimburse the Abandoned Mine Reclamation Fund for the cost of reclamation that
is in excess of any bond forfeited to ensure reclamation. Neither the Secretary
nor the Commission performing reclamation under subsection (b) or (c) of this
section shall be held liable for any violations of any performance standards or
reclamation requirements specified in Title V of the Federal Act nor shall a
reclamation activity undertaken on such lands or waters be held to any
standards set forth in Title V of the Federal Act or Subchapter K of the State
Act.
(f) Surface coal mining
operations on lands eligible for remining pursuant to Section 404 of the
Federal Act shall not affect the eligibility of such lands for reclamation
activities after the release of the bonds or deposits posted by any such
operation as provided by §
12.312 and §
12.313 of this title (relating to
Procedure for Seeking Release of Performance Bond, and Criteria and Schedule
for Release of Performance Bond). If the bond or deposit for a surface coal
mining operation on lands eligible for remining is forfeited, funds available
under this title may be used if the amount of such bond or deposit is not
sufficient to provide for adequate reclamation or abatement.
Notes
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