SECTION 12.803. Eligible Coal Lands and Water

(a) Coal mined lands and associated waters shall be eligible for reclamation activities if:

(1) they were mined for coal or affected by coal mining processes;

(2) they were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition;

(3) there is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the state or federal government, or the state as a result of bond forfeiture. Bond forfeiture shall render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the Texas Abandoned Mine Land Fund or any prior balance replacement funds may be used.

(b) Notwithstanding subsection (a) of this section, coal lands and waters in the state damaged and abandoned after August 3, 1977, by coal mining processes shall also be eligible for funding if the Secretary finds in writing that:

(1) they were mined for coal or affected by coal mining processes; and

(2) the mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977, and either:

(A) the date on which the Secretary approved the state regulatory program pursuant to Section 503 of the Federal Act, and that any funds for reclamation or abatement that are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or

(B) November 5, 1990, and that the surety of the mining operator became insolvent during such period, and that, as of November 5, 1990, funds immediately available from proceedings relating to such insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site; and

(3) the site qualifies as a priority 1 or 2 site pursuant to Section 403(a)(1) and (2) of the Federal Act. Priority shall be given to those sites that are in the immediate vicinity of a residential area or that have an adverse economic impact upon a community.

(c) The Commission may expend funds made available under paragraphs 402(g)(1) and (5) of the Federal Act for reclamation and abatement of any site eligible under subsection (b) of this section if the Commission, with the concurrence of the Secretary, makes the findings required in subsection (b) of this section and the Commission determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for the lands and water eligible pursuant to subsection (a) of this section that qualify as a priority 1 or 2 site under Section 403(a) of the Federal Act.

(d) With respect to lands eligible pursuant to subsection (b) or (c) of this section, moneys available from sources outside the Abandoned Mine Reclamation Fund or that are ultimately recovered from responsible parties shall either be used to offset the cost of the reclamation or transferred to the Abandoned Mine Reclamation Fund if not required for further reclamation activities at the permitted site.

(e) If reclamation of a site covered by an interim or permanent program permit is carried out under the Abandoned Mine Land Program, the permittee of the site shall reimburse the Abandoned Mine Reclamation Fund for the cost of reclamation that is in excess of any bond forfeited to ensure reclamation. Neither the Secretary nor the Commission performing reclamation under subsection (b) or (c) of this section shall be held liable for any violations of any performance standards or reclamation requirements specified in Title V of the Federal Act nor shall a reclamation activity undertaken on such lands or waters be held to any standards set forth in Title V of the Federal Act or Subchapter K of the State Act.

(f) Surface coal mining operations on lands eligible for remining pursuant to Section 404 of the Federal Act shall not affect the eligibility of such lands for reclamation activities after the release of the bonds or deposits posted by any such operation as provided by §12.312 and §12.313 of this title (relating to Procedure for Seeking Release of Performance Bond, and Criteria and Schedule for Release of Performance Bond). If the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, funds available under this title may be used if the amount of such bond or deposit is not sufficient to provide for adequate reclamation or abatement.

Source Note: The provisions of this §12.803 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