SECTION 460:10-5-3. Definitions

  The following works or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Extraction of non-coal minerals as an incidental part" means the extraction of non-minerals which is necessary to enable the construction to be accomplished. For purposes of this Subchapter only, those non-coal minerals extracted from within the right-of-way, in the case of a road, railroad, utility line or other such construction, 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 non-coal minerals outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of Title 45 O.S. Section 723(f) and this Chapter.

"Government-financing agency" means a Federal, State, County, Municipal or local unit of government, or a department, bureau, agency of office of the unit which, directly or through another unit of government, finances construction.

"Government-finances construction" means construction funded 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds, but shall not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments.