Part inapplicable to certain activities.

Sec. 63547. This part does not apply to any of the following: (a) The extraction of coal as an incidental part of federal, state, or local government financed highway or other construction under rules established by the department. (b) The extraction of coal incidental to the extraction of other minerals if the amount of coal does not exceed 50 tons or 16-2/3% of the total tonnage of other minerals removed annually for purposes of commercial use or sale, whichever is less.