30 U.S.C. § 1278

Surface mining operations not subject to this chapter

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.

( Pub. L. 95–87, title V, § 528 , Aug. 3, 1977 , 91 Stat. 514 ; Pub. L. 100–34, title II, § 201(a) , May 7, 1987 , 101 Stat. 300 .)