1. (a) Land adversely affected by past coal mining practices may be acquired with moneys from the Fund if:

   1. (1) the acquired land will serve recreation, historic, conservation, or reclamation purposes, or provide open space benefits after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or
   2. (2) permanent facilities such as a mine-drainage treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
2. (b) Coal-refuse disposal sites and all coal refuse thereon may be acquired with moneys from the Fund if the acquisition of such land is necessary for successful reclamation and will serve the purposes of the Texas Abandoned Mine Program, or if public ownership is desirable to meet an emergency situation and prevent reoccurrence of adverse effects of past coal mining practices.

3. (c) The Commission shall acquire only such interests in the land as are necessary for the reclamation work planned or the post-reclamation use of the land. Interests in improvements on the land, mineral rights, or associated water rights may be acquired if:

   1. (1) such interests are necessary to the reclamation work planned or the post-reclamation use of the land; and
   2. (2) adequate written assurance cannot be obtained from the owner of the severed interest that future use of the severed interest will not be in conflict with the reclamation to be accomplished.

Source Note:The provisions of this §12.809 adopted to be effective April 7, 1997, 22 TexReg 3093.