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.