The following words and terms, when used in this subchapter
(relating to the Texas Abandoned Mine Land Reclamation Program), shall
have the following meanings unless the context clearly indicates otherwise:
(1) Abandoned Mine Reclamation Fund or Fund--A special
fund established by the United States Treasury for the purpose of
accumulating revenues designated for reclamation of abandoned mine
lands and other activities authorized by Title IV of the Federal Act.
(2) Director--The Director of the Office of Surface
Mining Reclamation and Enforcement, or the Director's representative.
(3) Eligible lands and water--Land and water eligible
for reclamation or drainage abatement expenditures which were mined
for coal or which were affected by such mining, wastebanks, coal processing,
or other coal mining processes and left or abandoned in either an
unreclaimed or inadequately reclaimed condition prior to August 3,
1977, and for which there is no continuing reclamation responsibility.
Lands and water damaged by coal mining operations after August 3,
1977, and on or before November 5, 1990, may also be eligible for
reclamation if they meet the requirements specified in §12.803
of this title (relating to Eligible Coal Lands and Water). Following
certification of the completion of all known coal problems, eligible
lands and water for noncoal reclamation purposes shall be those sites
that meet the requirements specified in §§12.808, 12.809,
12.810, and 12.811 of this title (relating to Eligible Noncoal Lands
and Water; Reclamation Priorities for Noncoal Program; Exclusion of
Certain Noncoal Reclamation Sites; and Land Acquisition Authority
- Noncoal, respectively). For additional eligibility requirements
for water projects, see §12.805 of this title (relating to Water
Supply Restoration), and for lands affected by remining operations,
see Section 404 of the Federal Act.
(4) Emergency--A sudden danger or impairment that presents
a high probability of substantial physical harm to the health, safety
or general welfare of people before the danger can be abated under
normal program operation procedures.
(5) Extreme danger--A condition that could reasonably
be expected to cause substantial physical harm to persons, property,
or the environment and to which persons or improvements on real property
are currently exposed.
(6) Left or abandoned in either an unreclaimed or inadequately
reclaimed condition--Lands and water:
(A) which were mined or which were affected by such
mining, wastebanks, processing or other mining processes prior to
August 3, 1977, or between August 3, 1977 and November 5, 1990, as
authorized pursuant to Section 402(g)(4) of the Federal Act, and on
which all mining has ceased;
(B) which continue in their present condition to substantially
degrade the quality of the environment, prevent or damage the beneficial
use of the land or water resources, or endanger the health or safety
of the public; and
(C) for which there is no continuing reclamation responsibility
under state or federal laws, except as provided in Sections 402(g)(4)
and 403(b)(2) of the Federal Act.
(7) OSMRE--The Office of Surface Mining Reclamation
and Enforcement.
(8) Permanent facility--Any structure that is built,
installed, or established to serve a particular purpose, or any manipulation
or modification of the surface that is designed to remain after the
reclamation activity is completed, such as a relocated stream channel
or diversion ditch.
(9) Project--A delineated area containing one or more
abandoned mine land problems. A project may be a group of related
reclamation activities with a common objective within a political
subdivision of the state or within a logical, geographically defined
area, such as a watershed, conservation district, or county planning
area.
(10) Reclamation activity--The reclamation, abatement,
control, or prevention of adverse effects of past mining.
(11) Secretary--The United States Secretary of the
Interior.
(12) State reclamation program--A program established
by the state in accordance with this chapter for reclamation of lands
and water adversely affected by past mining, including the reclamation
plan and annual applications for grants.
(13) Texas Abandoned Mine Reclamation Fund or State
Fund--A separate account established by the state for the purpose
of accounting for moneys granted by the Director under an approved
state reclamation program and other moneys authorized by these regulations
to be deposited in the Fund.
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