§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.)
Amendments 1987—Pub. L. 100–34 inserted “and” after “him;” in par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “the extraction of coal for commercial purposes where the surface mining operation affects two acres or less; and”.
Effective Date of 1987 Amendment Pub. L. 100–34, title II, §201(b)–(e), May 7, 1987, 101 Stat. 300, provided that:
“(b) Effective Date for New Operations.—The amendments made by this section [amending this section] shall take effect on the date 30 days after the enactment of this Act [May 7, 1987] with respect to each operator commencing surface coal mining operations on or after such date.
“(c) Effective Date for Existing Operations.—The amendments made by this section shall take effect on the date 6 months after the enactment of this Act with respect to each operator commencing surface coal mining operations pursuant to an authorization under State law before the date 30 days after the enactment of this Act. Nothing in this Act [amending this section and section 1232 of this title] shall preclude reclamation activities pursuant to State law or regulations at the site of any surface coal mine which was exempt from the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] under section 528(2) of that Act [30 U.S.C. 1278(2)], as in effect before the enactment of this Act.
“(d) Effect on State Law.—To the extent that any provision of a State law, or of a State regulation, adopted pursuant to the exception under section 528(2) of the Surface Mining Control and Reclamation Act of 1977 as in effect before the enactment of this Act, is inconsistent with the amendments made by this section, such provision shall be of no further force and effect after the effective date of such amendments.
“(e) Definition.—For purposes of this section, the term ‘surface coal mining operations’ has the meaning provided by section 701(28) of the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1291(28)].”
