(a) Following certification by the Commission of the completion of all known coal projects and the Director's concurrence in such certification, eligible noncoal lands, waters, and facilities shall be those:
  (1) which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to August 3, 1977; and
  (2) for which there is no continuing reclamation responsibility under state or other federal laws.
(b) If eligible coal problems are found or occur after certification, the Commission shall submit to OSMRE a plan that describes the approach and funds that will be used to address those problems in a timely manner. Any coal projects shall be subject to the coal provisions specified in Sections 401 through 410 of the Federal Act.

Source Note: The provisions of this §12.808 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534