| (a) The Commission has the authority and shall enforce state laws and regulations not inconsistent with the "Texas Surface Coal Mining and Reclamation Act" or the federal "Surface Mining Control and Reclamation Act of 1977" and the regulations lawfully promulgated thereunder. (b) This Chapter applies to all coal exploration and surface coal mining and reclamation operations, except: (1) the extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her. Noncommercial use does not include the extraction of coal by one unit of an integrated company or other business or nonprofit entity which uses the coal in its own manufacturing or power plants; (2) the extraction of 250 tons of coal or less by a person conducting a surface mining and reclamation operation. A person who intends to remove more than 250 tons is not exempted; (3) the extraction of
coal as an incidental part of federal, state or local government-financed highway or other construction in accordance with the rules of the Commission and §§12.21 and 12.22 of this title (relating to Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction); and (4) the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3% of the total tonnage of coal and other minerals removed annually for commercial use or sale in accordance with §§12.25-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals); and (5) coal exploration on lands subject to the requirements of 43 CFR Parts 3480-3487. (c) The Commission is responsible for the regulation of surface coal mining and reclamation operations and coal exploration under the approved state program and the reclamation of abandoned
mine lands under the approved state reclamation plan on non-federal and non-Indian lands. (d) The Secretary of the U.S. Department of the Interior may delegate to a state through a cooperative agreement certain authority relating to the regulation of surface coal mining and reclamation operations on federal lands in accordance with 30 CFR Part 745. (e) The Director, Office of Hearings and Appeals, U.S. Department of the Interior, is responsible for the administration of administrative hearings and appeals required or authorized by the Federal Act pursuant to the regulations in 43 CFR Part 4. (f) The Commission may terminate its jurisdiction under the approved state program over the reclaimed site of a completed surface coal mining and reclamation operation, or increment thereof, when the Commission determines in writing that under the permanent program, all requirements imposed under the approved state program have been
successfully completed, or, where a performance bond was required, the Commission has made a final decision in accordance with Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations) to fully release the performance bond. Following a termination under this paragraph, the Commission shall reassert jurisdiction under the permanent regulatory program over a site if it is demonstrated that the bond release or written determination was based upon fraud, collusion, or misrepresentation of material fact.
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| Source Note: The provisions of this §12.2 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 29, 1998, 23 TexReg 13041.
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