30 C.F.R. § 870.11

Applicability

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The regulations in this part apply to all surface and underground coal mining operations except—

(a) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;

(b) The extraction of coal as an incidental part of Federal, State, or local government-financed highway or other construction;

(c) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals removed for commercial use or sale

(1) In accordance with part 702 of this chapter for Federal program States and on Indian lands or

(2) In any twelve consecutive months in a State with an approved State program until counterpart regulations pursuant to part 702 of this chapter have been incorporated into the State program and in accordance with such counterpart regulations, thereafter; and

(d) The extraction of less than 250 tons of coal within twelve consecutive months.

[47 FR 28593, June 30, 1982, as amended at 54 FR 52123, Dec. 20, 1989; 54 FR 52123, Dec. 20, 1989; 73 FR 67631, Nov. 14, 2008]

Notes of Decisions

Cited in 2 cases, 1988–1994 · leading case: S & G Excavating, Inc. v. United States, 15 Cl. Ct. 157 (Ct. Cl. 1988).

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S & G Excavating, Inc. v. United States, 15 Cl. Ct. 157 (Ct. Cl. 1988). · cites it 2× “Based on 30 C.F.R. § 870.11 (d), which exempts mines upon a showing that “coal does not exceed 16% percent of the mineral tonnage removed for commercial use or sale in any twelve consecutive months,” OSM contends that S & G must account for its mineral production on a twelve…”

Horizon Coal Corp. v. United States of Am., Jerry Kohl D/B/A Kohl Indus., Third-Party, 43 F.3d 234 (3rd Cir. 1994). “Jerry Kohl purchased the larger of the parcels (approximately 400 acres) in 1977. On August 20, 1980, Kohl entered into a lease agreement with the owner of the other parcel, Philip Lattavo.”

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