Sec. 26.20.12.02. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Government-Financed Construction.

(a) "Government-financed construction" means construction funded 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds. Funding at less than 50 percent may qualify if the construction is undertaken as an approved reclamation project under Environment Article, Title 15, Subtitle 11, Annotated Code of Maryland, and 30 CFR Subchapter R.

(b) "Government-financed construction" does not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments.

(2) "Extraction of coal incidental to government-financed construction" means the extraction of coal which is necessary to enable the construction to be accomplished. Only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line, or other similar constructions, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction is subject to the requirements of the Regulatory Program.