(a) General. Surface land areas affected by mining activities shall be restored in a timely manner:
  (1) to conditions that are capable of supporting the uses which they were capable of supporting before any mining; or
  (2) to higher or better uses achievable under criteria and procedures of this section.
(b) Determining premining use of land. The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land had not been previously mined and had been properly managed.
  (1) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the highest and best use that can be achieved and is compatible with surrounding areas.
  (2) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.
  (3) If the premining use of the land was changed within 5 years of the beginning of mining, the comparison of postmining use to premining use shall include a comparison with the historic use of the land as well as its use immediately preceding mining.
(c) Prior to the release of lands from the permit area in accordance with §12.313 of this title (relating to Criteria and Schedule for Release of Performance Bond), the permit area shall be restored in a timely manner, either to conditions capable of supporting the uses they were capable of supporting before any mining or to conditions capable of supporting approved alternative land uses. Alternative land uses may be approved by the Commission after consultation with the landowner or the land management agency having jurisdiction over the lands, if the following criteria are met:
  (1) the proposed postmining land use is compatible with adjacent land use and, where applicable, with existing local, state, or federal land-use policies and plans; a written statement of the views of the authorities with statutory responsibilities for land-use policies and plans shall have been submitted to the Commission within 60 days of notice by the Commission before underground mining activities begin. Any required approval of local, state, or federal land-management agencies, including any necessary zoning or other changes required for the land use, shall have been obtained and shall remain valid throughout the underground mining activities;
  (2) specific plans shall be prepared and submitted to the Commission which show the feasibility of the postmining land use as related to projected land-use trends and markets, and that include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and be sustained. The Commission may require appropriate demonstrations to show that the planned procedures are feasible, reasonable, and integrated with mining and reclamation, and that the plans will result in successful reclamation;
  (3) provision of any necessary public facilities shall be ensured as evidenced by letters of commitment from parties other than the person who conducts underground mining activities, as appropriate, to provide them in a manner compatible with the plans submitted under §12.189 of this title (relating to Reclamation Plan: Postmining Land Uses). The letters shall be submitted to the Commission before underground mining activities begin;
  (4) specific and feasible plans are submitted to the Commission which show that financing and attainment and maintenance of the postmining land use are feasible and, if appropriate, are supported by letters of commitment from parties other than the person who conducts the underground mining activities;
  (5) plans for the postmining land use shall have been designed under the general supervision of a qualified professional engineer, or other appropriate professional, who will ensure that the plans conform to applicable accepted standards for adequate land stability, drainage, vegetative cover, and aesthetic design appropriate for the postmining use of the site;
  (6) the proposed use or uses will present neither actual nor probable hazard to public health or safety, nor will they pose any actual or probable threat of water flow-diminution or pollution;
  (7) the use or uses will not involve unreasonable delays in reclamation;
  (8) necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife, and related environmental values and threatened or endangered plants shall have been obtained from the Commission, and appropriate state and federal fish and wildlife management agencies have been provided a 60-day period in which to review the plan before underground mining activities begin; and
  (9) proposals to change premining land uses of range, fish and wildlife habitat, forestland, hayland, or pasture to a postmining cropland use, where the cropland would require continuous maintenance such as seeding, plowing, cultivation, fertilization, or other similar practices to be practicable or to comply with applicable federal, state, and local laws, have been reviewed by the Commission to ensure that:
    (A) there is a firm written commitment by the person who conducts underground mining activities or by the landowner or land manager to provide sufficient crop management after release of applicable performance bonds under Subchapter J of this Chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations) and §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success), to assure that the proposed postmining cropland use remains practical and reasonable;
    (B) there is sufficient water available and committed to maintain crop production; and
    (C) topsoil quality and depth are sufficient to support the proposed use.

Source Note: The provisions of this §12.568 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective December 28, 2020, 45 TexReg 9503