Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 12 - COAL MINING REGULATIONS
Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM
Section 12.809 - Reclamation Priorities for Noncoal Program
Current through Reg. 49, No. 12; March 22, 2024
(a) This section applies to reclamation projects involving the restoration of lands and water adversely affected by past mineral mining; projects involving the protection, repair, replacement, construction, or enhancement of utilities (such as those relating to water supply, roads, and other such facilities serving the public adversely affected by mineral mining and processing practices); and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices.
(b) Following certification by the Commission of the completion of all known coal projects, the projects and construction of public facilities identified in subsection (a) of this section shall reflect the following priorities in the order stated:
(c) Enhancement of facilities or utilities shall include upgrading necessary to meet local, state, or federal public health or safety requirements. Enhancement shall not include any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem.
(d) Notwithstanding subsection (a) of this section, if the governor determines that there is a need for activities or construction of specific public facilities related to the coal or minerals industry, and the governor or the Commission at the governor's request submits a grant application as specified in subsection (e) of this section and the Director concurs with the application submitted under subsection (e) of this section, the Director may grant funds made available under Section 402(g)(1) of the Federal Act, RSA 1232, to carry out such activities or construction.
(e) To qualify for funding pursuant to the authority in subsection (d) of this section, the governor, or the Commission at the governor's request, must submit a grant application that specifically sets forth: