(a) This state may acquire by purchase, donation, or
condemnation land that is adversely affected by past coal mining practices
if:
(1) it is in the public interest; and
(2) the Commission determines and makes written findings
that:
(A) acquiring the land is necessary for successful
reclamation;
(B) the acquired land, after restoration, reclamation,
abatement, control, or prevention of the adverse effects of past coal
mining practices, will:
(i) serve recreational and historical purposes;
(ii) serve conservation and reclamation purposes; or
(iii) provide open space benefits; and
(C) permanent facilities such as a treatment plant
or a relocated stream channel will be constructed on the land for
the restoration, reclamation, abatement, control, or prevention of
the adverse effects of past coal mining practices or public ownership
is desirable to meet emergency situations and prevent recurrences
of the adverse effects of past coal mining practices.
(b) OSMRE shall approve the acquisition by purchase
or condemnation in advance. The Commission shall acquire only such
interests in land under this subchapter as are necessary for the reclamation
work planned or the postreclamation use of the land. Interests in
improvements on the land, mineral rights, or associated water rights
may be acquired if:
(1) such interests are necessary for the reclamation
work planned or for the postreclamation use of the land; and
(2) adequate written assurances cannot be obtained
from the owner of the severed interest that future use will not be
in conflict with the reclamation to be accomplished.
(c) If approved in advance by OSMRE, this state may
also acquire coal refuse disposal sites, including the coal refuse,
with moneys from the Texas Abandoned Mine Reclamation Fund and with
prior balance replacement funds and certified in lieu funds. Before
the approval of the acquisition, the Commission shall make a written
finding that the acquisition is necessary for successful reclamation
and will serve the purposes of the reclamation program.
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