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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER RTEXAS ABANDONED MINE LAND RECLAMATION PROGRAM
RULE §12.823Disposition of Reclaimed Lands

(a) If land acquired under §12.819 of this title (relating to Land Eligible for Acquisition) is considered suitable for industrial, commercial, residential, or recreational development, this state may sell the land by public sale under a system of competitive bidding at not less than fair market value and under any rules adopted to ensure that the land is put to proper use consistent with local plans, if any, as determined by the Commission.

(b) The land may be sold only when authorized by the Secretary of the Interior if federal money was involved in the acquisition of the land to be sold.

(c) The Commission may transfer administrative responsibility for land acquired under this subchapter (relating to Texas Abandoned Mine Land Reclamation Program) to any agency or political subdivision of the state with or without cost to that agency. The agreement, including amendments, under which a transfer is made shall specify:

  (1) the purposes for which the land may be used consistent with the authorization under which the land was acquired; and

  (2) that the administrative responsibility for the land shall revert to the Commission if, at any time in the future, the land is not used for the purposes specified.

(d) The Commission, after appropriate public notice and on request, shall hold a public hearing in the county or counties in which land acquired under §12.819 of this title is located. Prior to the disposition of any land acquired under this subchapter, the Commission shall publish a notice of the proposed land disposition.

(e) The hearing shall be held at a time that gives residents and local governments maximum opportunity to participate in the decision about the use or disposition of the land after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

(f) All moneys received from disposal of land under this title shall be returned to OSMRE pursuant to 30 CFR §879.15.


Source Note: The provisions of this §12.823 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534

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