Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,835
2821-2988 p. ; 28 cm.View a full description of this periodical.
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This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 19, 2003.
TRD-200301836
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 305-8300
TITLE 16. ECONOMIC REGULATIONPART 1.
TEXASRAILROAD COMMISSION OF
CHAPTER 12. COAL MINING REGULATIONS
The Railroad Commission of Texas proposes amendments to
12.3, relating to Definitions; the repeal of 12.71, relating to
Areas Where Mining is Prohibited or Limited; new 12.71, relat-
ing to Areas Where Surface Coal Mining Operations are Prohib-
ited or Limited; the repeal of 12.72, relating to Procedures; new
12.72, relating to Procedures for Compatibility Findings, Public
Road Closures and Relocations, Buffer Zones, and Valid Existing
Rights Determinations; the repeal of 12.73, relating to Respon-
sibility; new 12.73, relating to Commission Obligations at Time
of Permit Application Review; new 12.74, relating to Respon-
sibility; and amendments to 12.77, relating to Applicability and
Restrictions on Exploration on Land Designated as Unsuitable
for Surface Coal Mining Operations; 12.111, relating to Gen-
eral Requirements: Exploration That Will Remove More Than
250 Tons of Coal or That Will Occur on Land Designated as Un-
suitable for Surface Coal Mining Operations; 12.112, relating
to Applications: Approval or Disapproval of Exploration of More
Than 250 Tons of Coal or That Will Occur on Land Designated as
Unsuitable for Surface Coal Mining Operations; 12.113, relat-
ing to Applications: Notice and Hearing for Exploration of More
Than 250 Tons; 12.118, relating to Relationship to Areas Des-
ignated Unsuitable for Mining; 12.151, relating to Protection of
Public Parks and Historic Places; 12.152, relating to Reloca-
tion or Use of Public Roads; 12.158, relating to Relationship
to Areas Designated Unsuitable for Mining; 12.191, Relating to
Protection of Public Parks and Historic Places; 12.192, relating
to Relocation or Use of Public Roads; 12.207, relating to Public
Notices of Filing of Permit Applications; and 12.216, relating to
Criteria for Permit Approval or Denial.
The Commission proposes to repeal 12.71, relating to Areas
Where Mining is Prohibited, and replace it with new 12.71, re-
lating to Areas Where Surface Coal Mining Operations are Pro-
hibited or Limited. The proposed new 12.71 adds subsection
(b) which is an exception for existing operations to areas where
surface coal mining operations are prohibited or limited.
The Commission proposes to repeal 12.72, relating to Proce-
dures for Permit Application, and replace it with 12.72, relating
to Procedures for Compatibility Findings, Public Road Closures
and Relocations, Buffer Zones, and Valid Existing Rights Deter-
minations. Proposed new subsection (c) explains which agency
determines if there is a valid existing right and the process for
determining if a valid existing right exists.The Commission proposes to repeal 12.73, relating to Respon-
sibility, and replace it with new 12.73, relating to Commission
Obligations at Time of Permit Application Review. Proposed new
12.73 establishes the criteria to be used for rejection of any por-
tion of an application containing protected lands and establishes
procedures for joint approval of mining operations that will ad-
versely affect publicly owned lands
The Commission proposes new 12.74, relating to Responsi-
bility. This new section is merely a renumbering of the current
12.73, relating to Responsibility.
The Commission proposes amendments to 12.3 to remove the
definition of Surface coal mining operations, which exist on the
date of enactment, and to parallel the federal regulation 30 Code
of Federal Regulations (CFR) 761.5. The proposed change to
the definition of "valid existing rights" is intended to clarify the
circumstances under which a valid existing right exists. As stated
in Texas Natural Resources Code 134.012(d), the Commission
is not authorized to adjudicate property title or property rights
disputes. To demonstrate that a valid existing right exists, except
for usage or construction of roads, a person must document that
property rights existed on August 3, 1977, and must document
compliance with one of the two standards listed in paragraph
(187)(B). The two standards are the good faith/permits standard
and the needed for and adjacent standard. Other definitions are
renumbered as applicable.
The Commission proposes to amend 12.77, relating to explo-
ration on land designated as unsuitable for Surface coal mining
operations, by clarifying that lands listed under 12.71 (a), relat-
ing to areas where Surface coal mining operations are prohibited
or limited, are subject to designation as unsuitable for surface
coal mining.
The Commission proposes to amend 12.111 and 12.112, to
specify that the applicant shall demonstrate that the proposed
exploration activities are designed to minimize interference with
the value for which the lands were designated as unsuitable for
Surface coal mining operations and document consultation with
the owner of the feature that causes the land to come under
12.71(a) of this title.
The Commission proposes to amend 12.113, to add that notice
also be sent to commenters.
The Commission proposes to amend 12.118 to include areas
within 100 feet of a public road.
The Commission proposes to amend 12.151, 12.152, 12.158,
12.191, 12.192, 12.207, and 12.216, to conform rule citations to
other proposed changes.
Melvin Hodgkiss, Director, Surface Mining and Reclamation Divi-
sion, has determined that, during each year of the first five years
the proposed repeals, amendments, and new sections are in ef-
fect, there will be no fiscal impacts to state or local governments
as a result of their adoption. The new requirements applicable
to the Commission will impose no new costs on the Commis-
sion. These rule amendments are largely housekeeping mea-
sures that are anticipated to have little practical effect in Texas,
but which will keep the Texas program in compliance with the
requirements of the Office of Surface Mining Reclamation and
Enforcement, United States Department of Interior (OSM).
Mr. Hodgkiss has determined that, during each year of the first
five years the proposed repeals, amendments, and new sections
are in effect, there will be no discernable change in the cost of
regulatory compliance to small businesses, micro-businesses, orPROPOSED RULES April 4, 2003 28 TexReg 2835
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/14/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.