Section 1703.5  Scope

a)         This Part establishes the procedures for determining those surface coal mining and reclamation operations that are exempt from the Act and this Part because the extraction of coal is an incidental part of federal, State or local government-financed highway or other construction.

b)         This Part exempts the extraction of coal that is incidental to government-financed construction from the requirements of the Act and this Part, if that extraction meets specified criteria which ensure the construction is government-financed and that the extraction of coal is incidental to it.