1. (a) This state may acquire by purchase, donation, or condemnation land that is adversely affected by past coal mining practices if:

   1. (1) it is in the public interest; and

   2. (2) the commission determines and makes written findings that:

      1. (A) acquiring the land is necessary for successful reclamation;

      2. (B) the acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will:

         1. (i) serve recreational and historical purposes;
         2. (ii) serve conservation and reclamation purposes; or
         3. (iii) provide open space benefits; and
      3. (C) permanent facilities such as a 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 or acquisition of coal refuse disposal sites and the coal refuse on those sites will serve the purposes of this subchapter, or public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.

2. (b) OSM approves the acquisition by purchase or condemnation in advance. The commission shall acquire only such interests in land under this subchapter as are necessary for the reclamation work planned or the postreclamation 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 for the reclamation work planned or for the postreclamation use of the land; and
   2. (2) adequate written assurances cannot be obtained from the owner of the severed interest that future use will not be in conflict with the reclamation to be accomplished.

Source Note:The provisions of this §12.819 adopted to be effective August 17, 1999, 24 TexReg 6283.