16 Tex. Admin. Code § 12.804 - Reclamation Objectives and Priorities
(a)
Reclamation projects should be accomplished in accordance with OSMRE's "Final
Guidelines for Reclamation Programs and Projects" (66 Federal Register 31250,
June 11, 2001).
(b) Reclamation
project expenditures shall reflect the priorities of Section 403(a) of the
Federal Act in the order stated:
(1) Priority
1: The protection of public health, safety, and property from extreme danger of
adverse effects of coal mining practices, including the restoration of land and
water resources and the environment that:
(A)
have been degraded by the adverse effects of coal mining practices;
and
(B) are adjacent to a site that
has been or will be addressed to protect the public health, safety, and
property from extreme danger of adverse effects of coal mining
practices.
(2) Priority
2: The protection of public health and safety from adverse effects of coal
mining practices, including the restoration of land and water resources and the
environment that:
(A) have been degraded by
the adverse effects of coal mining practices; and
(B) are adjacent to a site that has been or
will be addressed to protect the public health and safety from adverse effects
of coal mining practices.
(3) Priority 3: The restoration of land and
water resources and the environment previously degraded by adverse effects of
coal mining practices, including measures for the conservation and development
of soil, water (excluding channelization), woodland, fish and wildlife,
recreation resources, and agricultural productivity. Priority 3 land and water
resources that are geographically contiguous with existing or remediated
Priority 1 or 2 problems will be considered adjacent under paragraphs (1)(B) or
(2)(B) of this subsection.
(c) Generally, projects lower than a Priority
2 should not be undertaken until all known higher priority coal projects either
have been accomplished, are in the process of being reclaimed, or have been
approved for funding by the Secretary, except in those instances where such
lower priority projects may be undertaken in conjunction with a Priority 1 or 2
site in accordance with OSMRE's "Final Guidelines for Reclamation Programs and
Projects."
Notes
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