Surface mining operations not subject to this chapter

30 U.S.C. § 1278
in effect
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The provisions of this chapter shall not apply to any of the following activities: (1) the extraction of coal by a landowner for his own noncommercial use from land owned or leased by him; and (2) the extraction of coal as an incidental part of Federal, State or local government-financed highway or other construction under regulations established by the regulatory authority.

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