SECTION 12.801. Definitions

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.

Source Note: The provisions of this §12.801 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