1. (a) Prior to disposition of any acquired land the Commission shall:

   1. (1) publish a notice which describes the proposed disposition of the land in a newspaper of general circulation in the area where the land is located for a minimum of 4 successive weeks. The notice shall provide at least 30 days for public comment and state where copies of plans for disposition of the land may be obtained or reviewed and the address to which comments on the plans shall be submitted. The notice shall also state that a public hearing will be held if requested by any person; and
   2. (2) hold a public hearing if requested as a result of the public notice, or if determined appropriate by the Commission. Such hearings shall be scheduled at a time and place that affords local citizens and governments the maximum opportunity to participate. The time and place of the hearing shall be announced in a newspaper of general circulation in the area in which the land is located at least 30 days before the hearing.

2. (b) The Commission may transfer administrative responsibility for land acquired under this subchapter (relating to Texas Abandoned Mine Land Reclamation Program) to any agency or political subdivision of the state with or without cost to that agency. The agreement, including amendments, under which a transfer is made shall specify:

   1. (1) the purposes for which the land may be used consistent with the authorization under which the land was acquired; and
   2. (2) that the administrative responsibility for the land will revert to the Commission if, at any time in the future, the land is not used for the purposes specified.
3. (c) The Commission may transfer title to abandoned and unreclaimed land to the United States to be reclaimed and administered by the Office, and maintain a preference right to purchase such land from the Office after reclamation is completed. The price shall be the fair market value of the land in its reclaimed condition less any portion of the land acquisition price paid by the Commission.

4. (d) The Commission may sell land acquired under this subchapter (relating to Texas Abandoned Mine Land Reclamation Program) by public sale if such land is suitable for industrial, commercial, residential, or recreational development and if such development is consistent with local, state, or federal land-use plans for the area in which the land is located.

   1. (1) Land shall be sold by public sale only if it is found that retention by the state or disposal under other subsections of this section is not in the public interest.

   2. (2) Land shall be sold for not less than fair market value under a system of competitive bidding which includes at a minimum:

      1. (A) publication of a notice once a week for 4 weeks in a newspaper of general circulation in the locality in which the land is located. The notice shall describe the land to be sold, state the appraised value, state any restrictive covenants which will be a condition of the sale, and state the time and place of the sale; and
      2. (B) provisions for sealed bids to be submitted prior to the sale date followed by an oral auction open to the public.
5. (e) All moneys received from disposal of land under this subchapter (relating to Texas Abandoned Mine Land Reclamation Program) shall be deposited in the Texas Abandoned Mine Reclamation Fund.

Source Note:The provisions of this §12.813 adopted to be effective April 7, 1997, 22 TexReg 3093.