(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.
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Source Note: The provisions of this §12.803 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534 |