Rule2026-00577
Texas Regulatory Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 14, 2026
Effective
February 13, 2026
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Texas regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposes administrative revisions to its regulations to update, correct, and clarify existing rules. These proposals include changing language to gender neutral, updating terms and definitions for consistency with existing Federal and State regulations, and correcting and updating references.
Full Text
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<title>Federal Register, Volume 91 Issue 9 (Wednesday, January 14, 2026)</title>
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[Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)]
[Rules and Regulations]
[Pages 1389-1392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00577]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SATS No. TX-072-FOR; Docket ID: OSM-2020-0006; S1D1S SS08011000
SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Texas regulatory program
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or
the Act). Texas proposes administrative revisions to its regulations to
update, correct, and clarify existing rules. These proposals include
changing language to gender neutral, updating terms and definitions for
consistency with existing Federal and State regulations, and correcting
and updating references.
DATES: The effective date is February 13, 2026.
FOR FURTHER INFORMATION CONTACT: Joseph R. Maki, Director, Tulsa Field
Office, Office of Surface Mining Reclamation and Enforcement, 1645
South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews
I. Background on the Texas Program
Subject to OSMRE's oversight, section 503(a) of the Act permits a
State to assume primacy for the regulation of surface coal mining and
reclamation operations on non-Federal and non-Indian lands within its
borders by demonstrating that its program includes, among other things,
State laws and regulations that govern surface coal mining and
reclamation operations in accordance with the Act and consistent with
the Federal regulations. See 30 U.S.C. 1253(a)(1) and (7).
On the basis of these criteria, the Secretary of the Interior
conditionally approved the Texas program effective February 16, 1980.
You can find background information on the Texas program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Texas program in the February 27, 1980, Federal
Register (45 FR 12998). You can also find later actions concerning the
Texas program amendments at 30 CFR 943.10, 943.15 and 943.16.
II. Submission of the Amendment
By letter dated August 28, 2020 (Administrative Record No. TX-708),
Texas sent us a proposed amendment to its program at its own initiative
to update, clarify, and correct existing rules. These changes included
the use of gender-neutral language, updates to terms for consistency
with the relevant Texas licensing boards, and changes that ensure
consistency with decision timelines as required by the Texas
Administrative Procedure Act (Texas Government Code chapter 2001).
We announced receipt of the proposed amendment in the April 22,
2021, Federal Register (86 FR 21246). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not hold a
public hearing or meeting because none were requested. The public
comment period ended May 24, 2021.
III. OSMRE's Findings
We made the following findings concerning the amendment under SMCRA
and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment as described below.
The submittal added the wording ``or herself'' to 16 Texas
Administrative Code section (sec.) 12.3 Definitions (89) and (122) in
order to make the regulation language gender neutral. In 16 Texas
Administrative Code sec. 12.679 Suspension or Revocation of Permits
(a)(1) Pattern of violations ``him'' was replaced with ``the
permittee'', ``his'' was replaced with ``the'' and ``he'' was replaced
with ``the Director'' also to make the language used gender neutral.
These non-substantive changes are in accordance with SMCRA and
consistent with the Federal regulations.
Throughout the regulations, the term ``registered professional
engineer'' has been replaced with ``professional engineer'' and
``professional geoscientist'' and corresponding definitions for
consistency with the relevant Texas licensing boards. These 27 changes
can be found at 16 Texas Administrative Code sec. 12.3(132), 12.3(133),
12.137(b), 12.142(3), 12.148(a)(2)(A), 12.148(a)(3)(A), 12.198(b),
12.341(b)(4), 12.344(b)(3), 12.347(a)(11), 12.347(a) and (c)(2),
12.363(b), 2.363(j), 12.363(k), 12.368(c), 12.369(a), 12.369(a)(2)(4),
12.373, 12.401(1), 12.511(b)(4), 12.514(b)(3), 12.517(a)(3),
12.517(a)(11)(B), 12.517(c)(2), 12.535(c), 12.540, and 12.570(1).
Although these titles differ from that used in the Federal counterpart
regulations, the definition for the ``professional engineer'' is
unchanged, and the corresponding definition of a ``professional
geoscientist'' has been added. Thus, the changes are non-substantive
and are no less stringent than SMCRA and no less effective than the
corresponding Federal regulations. For example, 30 CFR 780.25 refers to
``a qualified, registered, professional engineer, a professional
geologist, or in any State which authorizes land surveyors to prepare
and certify such plans, a qualified, registered, professional, land
surveyor, with assistance from experts in related fields such as
landscape architecture[.]'' The corresponding Texas definition of
``professional engineer'' states that it is a ``person who is duly
licensed by the Texas Board of Professional Engineers and Land
Surveyors to engage in the practice of engineering in this state.'' 16
Texas Administrative Code sec. 12.3(132).
Texas proposed to revise 16 Texas Administrative Code sec. 12.4
Petitions to Initiate Rulemaking to delete most of the existing
language, which mirrors the Federal regulation on petitions to the
Director of OSMRE at 30 CFR 700.12 and replace the language with a
statement that any petition must be submitted in accordance with 16
Texas Administrative Code sec. 1.301 and the Texas Administrative
Procedure Act. The State's proposal is in accordance with SMCRA and
consistent with the Federal regulations.
The Texas submittal also added a requirement to notify the
commission of the intent to permanently cease and abandon mining
operations in 16 Texas Administrative Code sec. 12.100
Responsibilities, sec. 12.398 Cessation of Operations: Permanent and
sec. 12.567 Cessation of Operations: Permanent. This requirement is in
accordance with SMCRA and consistent with Federal regulations. In sec.
12.106(b)(2), the deadline for the receipt of renewal of a permit has
been changed
[[Page 1390]]
from 180 days to 120 days, aligning it with the Federal counterpart.
The existing language in 16 Texas Administrative Code sec.
12.108(b) Permit Fees sets an annual fee for each acre of land covered
by a reclamation bond on December 31 of that year. Texas proposes to
revise sec. 12.108(b)(1) to state that the fee is based on the number
of acres identified in the permit and approved by the Railroad
Commission of Texas, the State regulatory authority. This is consistent
with the relevant Federal regulations, which allow a regulatory
authority to develop procedures to allow permit fees to be paid over
the term of the permit. The Texas amendment adds in 16 Texas
Administrative Code sec. 12.121(4) and 12.161(4) the requirement for an
applicant to provide the permit expiration date of all other licenses
and permits. The requirement for this additional information is in
accordance with SMCRA and consistent with Federal regulations.
In 16 Texas Administrative Code sec. 12.126(d) and 12.172(d), Texas
updated the reference for the American Public Health Association's
Standard Methods for the Examination of Water and Wastewater from the
15th edition to the current 23rd edition. This is in accordance with
SMCRA and consistent with Federal regulations.
Within the submittal, at 16 Texas Administrative Code sec.
12.146(a) and (d) and 122.188(a), the original text was broken down
into separate sub-paragraphs in order to assist the State staff in
their review. This formatting change had no substantial impact on the
content contained in the regulation and remains consistent with Federal
regulation.
Texas proposed to add 16 Texas Administrative Code sec.
12.146(d)(6) to its regulations. This amendment to the Probable
Hydrologic Consequences (PHC) determination is nearly a direct copy of
the counterpart Federal regulation at 30 CFR 780.21(b)(3). It is
therefore in accordance with SMCRA and consistent with the Federal
regulations.
In 16 Texas Administrative Code sec. 12.225(g)(1)(D) the language
``and does not continue to be responsible for'' has been removed and
replaced later in the section with ``and the permittee is no longer
responsible for the violation, penalty, or fee.'' Texas deemed this
change necessary to clarify the status of liability due to a transfer
of permit. This clarification is in accordance with SMCRA and
consistent with the Federal regulations.
Changes in terminology and citations in 16 Texas Administrative
Code sec. 12.344(c)(2), 12.347(a), 12.376(d), 12.514(c)(2), 12.517(a),
and 12.543(d), to include the replacement of the term ``auxiliary''
with ``emergency'', are due to the revisions of U.S. Department of
Agriculture (USDA), Natural Resources Conservation Service Technical
Release No. 60 (210-VI-TR60), July 2005. These necessary alterations
were required to update the regulation to reflect changes in the cited
USDA Technical Release and are in accordance with SMCRA and consistent
with the Federal regulations.
As a part of the proposed amendment, Texas submitted several
administrative changes to its regulations. Changes in 16 Texas
Administrative Code sec. 12.211(c), 12.382, and 12.549 were submitted
in order to correct or update references to applicable Texas
Administrative Code or statute. In sec. 12.146(e) an acronym was
corrected. Sections 12.207(a)(3) and 12.215(g) and (j) were edited to
correct internal references within the regulation, and sec.
12.676(c)(1)(a) corrected a grammatical error. The revised language
remains in accordance with SMCRA and consistent with the Federal
regulations.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but none were
received.
Federal Agency Comments
On April 27, 2021, under 30 CFR 732.17(h)(11)(i) and section 503(b)
of SMCRA, we requested comments on the amendment from various Federal
agencies with an actual or potential interest in the Texas program
(Administrative Record No. TX-708). We did not receive any comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). None of the revisions that Texas proposed to make
in this amendment pertain to air or water quality standards. However,
on April 27, 2021, under 30 CFR 732.17(h)(11)(i), we requested comments
from the EPA on the amendment (Administrative Record No. TX-708). The
EPA did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On April 27, 2021, we requested comments on the Texas
amendment (Administrative Record No. TX-708). We did not receive
comments from the SHPO or ACHP.
V. OSMRE's Decision
Section 503(a) of SMCRA requires that the State's program
demonstrate that the State has the capability of carrying out the
provisions of the Act and meeting its purposes. SMCRA requires
consistency of State and Federal standards. Based on the above
findings, we are approving Texas' submittal sent to us on August 28,
2020 (Administrative Record No. TX-708) because the proposed
regulations are in accordance with SMCRA and consistent with the
Federal regulations and do not affect the State's ability to carry out
the provisions of the Act and meet its purposes. To implement this
decision, we are amending the Federal regulations, at 30 CFR part 943,
that codify decisions concerning the Texas program. In accordance with
the Administrative Procedure Act, this rule will take effect 30 days
after the date of publication.
VI. Statutory and Executive Order Reviews
Executive Order 12630--Governmental Actions and Interference With
Constitutionality Protected Property Rights
This rule would not effect a taking of private property or
otherwise have taking implications that would result in public property
being taken for government use without just compensation under the law.
Therefore, a takings implication assessment is not required. This
determination is based on an analysis of the corresponding Federal
regulations.
Executive Order 12866--Regulatory Planning and Review and Executive
Order 13563--Improving Regulation and Regulatory Review
Executive Order 12866, provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993 (OMB Memo M-94-3), the approval of State program amendments is
exempted from OMB review under Executive Order 12866.
[[Page 1391]]
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by section 3 of Executive Order 12988. The Department has determined
that this Federal Register document meets the criteria of section 3 of
Executive Order 12988, which is intended to ensure that the agency
reviews its legislation and proposed regulations to eliminate drafting
errors and ambiguity; that the agency writes its legislation and
regulations to minimize litigation; and that the agency's legislation
and regulations provide a clear legal standard for affected conduct
rather than a general standard, and promote simplification and burden
reduction. Because section 3 focuses on the quality of Federal
legislation and regulations, the Department limited its review under
this Executive order to the quality of this Federal Register document
and to changes to the Federal regulations. The review under this
Executive order did not extend to the language of the State regulatory
program or to the program amendment that Texas drafted.
Executive Order 13132--Federalism
This rule has potential federalism implications as defined under
section 1(a) of Executive Order 13132. Executive Order 13132 directs
agencies to ``grant the States the maximum administrative discretion
possible'' with respect to Federal statutes and regulations
administered by the States. Texas, through its approved regulatory
program, implements and administers SMCRA and its implementing
regulations at the State level. This rule approves an amendment to the
Texas program submitted and drafted by the State and, thus, is
consistent with the direction to provide maximum administrative
discretion to States.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Government
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to Tribal
self-governance and sovereignty. We have evaluated this rule under the
Department's consultation policy and under the criteria in Executive
Order 13175 and have determined that it has no substantial direct
effects on the distribution of power and responsibilities between the
Federal Government and Tribes. The basis for this determination is that
our decision on the Texas program does not include Indian lands as
defined by SMCRA or other Tribal lands, and it does not affect the
regulation of activities on Indian lands or other Tribal lands. Indian
lands under SMCRA are regulated independently under the applicable
Federal Indian program. The Department's consultation policy also
acknowledges that our rules may have Tribal implications where the
State proposing the amendment encompasses ancestral lands in areas with
mineable coal. We are currently working to identify and engage
appropriate Tribal stakeholders to devise a constructive approach for
consulting on these amendments.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rulemaking that is (1) considered significant
under Executive Order 12866, and (2) likely to have a significant
adverse effect on the supply, distribution, or use of energy. Because
this rule is exempt from review under Executive Order 12866 and is not
significant energy action under the definition in Executive Order
13211, a statement of energy effects is not required.
National Environmental Policy Act
Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C.
1251(a) and 1292(d), respectively) and the U.S. Department of the
Interior Departmental Manual, part 516, section 13.5(A), State program
amendments are not major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C).
Paperwork Reduction Act
This rule does not include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required.
Regulatory Flexibility Act
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject
of this rule, is based upon corresponding Federal regulations for which
an economic analysis was prepared, and certification made that such
regulations would not have a significant economic effect upon a
substantial number of small entities. In making the determination as to
whether this rule would have a significant economic impact, the
Department relied on the data and assumptions for the corresponding
Federal regulations.
Congressional Review Act
This rule is not a major rule under 5 U.S.C. 804(2). This rule: (a)
does not have an annual effect on the economy of $100 million; (b) will
not cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based on an analysis of the
corresponding Federal regulations, which were determined not to
constitute a major rule.
Unfunded Mandates Reform Act
This rule will not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This determination
is based an analysis of the corresponding Federal regulations, which
were determined not to impose an unfunded mandate. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
William L. Joseph,
Regional Director, Interior Regions 3, 4 and 6.
For the reasons set out in the preamble, 30 CFR part 943 is amended
as set forth below:
PART 943--TEXAS
0
1. The authority citation for part 943 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 943.15 is amended in the table by adding an entry in
chronological order by ``Date of final publication'' to read as
follows:
[[Page 1392]]
Sec. 943.15 Approval of Texas regulatory program amendment.
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Original amendment submission date Date of final publication Citation/description
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* * * * * * *
August 28, 2020..................... January 14, 2026.................... 16 TAC Texas Administrative Code
Sections: 12.3(89); 12.3(122);
12.3(132); 12.3(133); 12.4(a)
through (d); 12.100(a) through (d);
12.106(a) and (b); 12.108(a)
through (c); 12.121(4); 12.126(d);
12.137(b); 12.142(3); 12.146(a)(d)
and (e); 12.148(a); 12.161(4);
12.172(d); 12.188(a) through (f);
12.198(b); 12.207(a)(3); 12.211(c);
12.215(g) and (j); 12.225(g);
12.341(b); 12.344(b) and (c);
12.347(a) through (c); 12.363(b)(j)
and (k); 12.368(c); 12.369(a);
12.373; 12.376(d); 12.382; 12.398;
12.401(1); 12.511(b); 12.514(b) and
(c); 12.517(a) and(c); 12.535(c);
12.540; 12.543(d); 12.549; 12.570;
12.567; 12.676(c); 12.679(a) and
(b).
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[FR Doc. 2026-00577 Filed 1-13-26; 8:45 am]
BILLING CODE 4310-05-P
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