I. Purposes 

MEMORANDUM OF UNDERSTANDING 

BETWEEN THE 

U.S. DEPARTMENT OF LABOR, 

MINE SAFETY AND HEALTH ADMINISTRATION 

AND THE 

U.S. DEPARTMENT OF THE INTERIOR, 

BUREAU OF LAND MANAGEMENT 

The purposes of this Memorandum of Understanding (MOU) are to specify bases for 

coordination between the Bureau of Land Management (BLM) and the Mine Safety and 

Health Administration (MSHA) and to foster the communication of information on 

geological conditions or mining practices that impact the health and safety of miners at 

underground coal mines on Federal and Indian lands. 

II. Statutory and Regulatory Authorities for Underground Coal Mines 

The MSHA: 

1. The Federal Mine Safety and Health Act of 1977, as amended (the Mine Act) (30 U.S.C. 

§ 801 et seq.). 

2. Code ofF ederal Regulations, Title 3 0 Parts 1-199. 

The BLM: 

1. The Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. § 181 et seq.). 

2. The Mineral Leasing Act for Acquired Lands of August 7, 1947, as amended (30 U.S.C. 

§§ 351-359 et seq.). 

3. The Federal Land Policy and Management Act of 1976, October 21, 1976 (43 U.S.C. 

§ 1701 et seq.). 

4. The Surface Mining Control and Reclamation Act of 1977, August 3, 1977 (30 U.S.C. 

§ 1201 et seq.). 

5. Code of Federal Regulations, Title 43 Parts 3400-3480. 

6. Code of Federal Regulations, Title 25 Part 211. 
III. Specific Responsibilities for Underground Coal Mines 

The MSHA: 

1. Enforces the Mine Act at all surface and underground mines. 

2. Enforces compliance with mandatory safety and health standards as a means to eliminate 

fatal accidents, to reduce the frequency and severity of nonfatal accidents, to minimize health 

hazards, and to promote improved safety and health conditions in the Nation's mines. 

3. Conducts inspections, including at least four complete annual inspections of underground 

mines and at least two complete annual inspections of surface mines. 

4. Investigates mine accidents and complaints of hazardous mining conditions. 

5. Issues citations and orders for all observed safety and health violations. 

6. Reviews roof control, ventilation, emergency response, and training plans submitted by 

mine operators. 

7. Upon determining that conditions pose an immediate threat to miners' safety or health, 

issues a withdrawal order for the affected area and orders the removal of related equipment 

from service until the conditions are corrected. 

The BLM: 

1. Issues coal leases on Federal lands, manages coal leases on Indian lands after the Bureau 

of Indian Affairs issues the lease, processes readjustments, modifications, terminations, and 

cancellations of leases, and approves transfers of Federal coal leases and licenses. 

2. Processes Resource Recovery and Protection Plans (R2P2) on Federal and Indian coal 

leases to commercially extract coal. 

3. Makes recommendations to the Assistant Secretary for Land and Minerals Management, 

through the Office of Surface Mining, on approval of the R2P2. The R2P2 provides 

information concerning the mining methods, the mine development plan, and the mining 

sequence. The BLM develops the R2P2 to meet the statutory requirement for maximum 

economic recovery of the Federal coal or tribal coal resources with due respect to 

conservation of other resources. The recovery of coal is secondary to the health and safety of 

miners and others underground. 

4. Monitors mine development to ensure compliance with the approved R2P2 and for 

approval of non-significant modifications of the R2P2. 

5. Inspects Federal and Indian coal mines at least once every 3 months for active mines and 

once a year for inactive mines. In keeping with the statutory requirement for maximum 

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economic recovery of the Federal or tri hal coal resources, the purpose of BLM inspections is 

to account for the amount of coal removed, and to determine if other mineral or non-mineral 

resources or deposits are threatened to be damaged, wasted, or degraded, and to avoid, 

minimize, or mitigate such undesirable effects of the mining operation. 

6. Approves abandonment of mine workings for Federal or Indian coal to protect remaining 

recoverable Federal or Indian coal or other resources. 

IV. Furtherance of Cooperation and Communication 

The MSHA will: 

1. Encourage routine cooperation and communication between MSHA mine inspectors and 

BLM mine inspectors to effectuate the agencies' mutual interests in administering Federal 

statutory and regulatory provisions at particular mining operations. 

2. Upon request, provide the BLM with access to copies of MSHA-approved plans and 

MSHA citations/orders issued at mines inspected by the BLM. MSHA will provide 

information to BLM officials with respect to the use of MSHA's online Data Retrieval 

System (DRS). 

3. Promptly notify the appropriate BLM official of an emergency at a BLM underground coal 

mine for the purpose of coordinating surface access to the underground coal workings when 

people are trapped underground. 

4. Ensure that each Coal Mine Safety and Health Administration District Manager, who 

administers the Mine Act in a District in which the BLM conducts mine inspections, will 

meet in person or by telephone on an annual basis with the BLM Deputy State Director(s) to 

exchange data, analysis, research, and other information that may assist MSHA and the BLM 

in carrying out their respective missions and furthering the purposes of this MOU. 

5. Post a copy of this MOU on its intranet and internet web sites. MSHA will take 

appropriate steps to ensure that personnel in all MSHA District offices are aware of this 

MOU. 

The BLM will: 

1. Encourage routine cooperation and communication between the BLM mine inspectors and 

MSHA mine inspectors to effectuate the agencies' mutual interests in administering Federal 

statutory and regulatory provisions at particular mining operations. 

2. Ensure that each BLM Deputy State Director will meet in person or by telephone on an 

annual basis with the Coal Mine Safety and Health Administration District Manager that 

administers the Mine Act in the state to exchange mining data, analysis, research, and other 

information that may assist MSHA and the BLM in carrying out their respective missions 

and furthering the purposes ofthis MOU. 

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3. Promptly notify the appropriate MSHA District Manager of any data, analysis, research or 

field observation discovered during the normal course of mining plan review or field 

inspection that indicate the presence of a condition or practice at a mine that has the potential 

to negatively impact the safety and health of the miners, including unsafe personnel practices 

of which they become aware. Note: BLM inspectors are not specifically trained to recognize 

violations of worker safety, personnel practices, and health standards under the Mine Act or 

other laws but will endeavor to report any conditions or practice that the BLM inspector 

recognizes as potentially unsafe for any further action as deemed appropriate by MSHA. 

4. Provide the appropriate MSHA District Manager with the location of any existing or 

abandoned Federal oil and gas wells, or applications to drill oil or gas wells. 

5. Post a copy of this MOU on its intranet and internet web sites. The BLM will take 

appropriate steps to ensure that the BLM state. district and field office personnel are aware of 

this MOU. 

V. Mine and Contact Information 

I. To facilitate the coordination and communication contemplated by this MOU, the BLM 

will develop a list of all underground coal mines on Federal or Indian lands at which it 

exercises jurisdiction. This list will provide the following information for each mine: 

(a) the name of the mine; 

(b) the BLM number or code used to identify the mine; 

(c) the location of the mine, by county and state; 

(d) the name of the mine operator; and 

(e) the name, postal address, e-mail address, telephone number, and telecopy number 

for the BLM manager who oversees the BLM regulatory activities at the mine. 

Once completed, the BLM will provide the list to MSHA. MSHA will supplement the list 

with the following information fo r each mine identified by the BLM: 

(a) the name of the mine, if listed differently in MSHA's records; 

(b) the mine's MSHA Mine Identification Number; 

(c) the name of the mine operator, if listed differently in MSHA's records; and 

(d) the name, postal address, e-mail address, telephone number, and telecopy number 

for the MSHA District Manager who administers the Mine Act at the mine. 

Once supplemented, MSHA will provide the BLM with a finalized list. 

2. To ensure the continued accuracy of information, the BLM will provide MSHA with 

updated BLM information on an annual basis. Upon receipt of the updated information, 

MSHA will update relevant MSHA information and return the finalized, updated list to the 

BLM. 

3. The BLM's State Director and MSHA's District Manager will be responsible for 

developing and maintaining the list described in paragraphs 1 and 2 above. 

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4. Each BLM State Director will ensure that a list with accurate, current information is 

available at each of the BLM state, district and field offices within their jurisdiction. The 

MSHA District Manager will ensure that a list with accurate, current information is available 

at each MSHA Coal Mine Safety and Health Administration district and field office. 

VI. MSHA and the BLM -- Supplemental Agreements 

The BLM State Directors and MSHA Coal Mine Safety and Health Administration District 

Managers may develop supplemental agreements, consistent with this MOU, to address 

issues relating to specific underground coal mines and/or to involve state or local officials in 

the coordination and communication contemplated by the MOU. 

VII. Resolution of Issues under MOU 

If resolution of interagency policy issues concerning this MOU and specific areas of 

implementation cannot be resolved between the relevant BLM State Director and the MSHA 

District Manager, they will be elevated to the Assistant Secretary for MSHA and the BLM 

Director, or their appointed representatives for appropriate resolution. 

VIII. Terms of Agreement 

This MOU shall continue in effect unless modified in writing by mutual consent of the 

parties. Before MSHA may modify or extend this MOU, it must comply with the 

Department of Labor Manual Series 3-1700 procedures. 

This MOU will continue in effect unless modified in writing by mutual consent of the 

parties. 

A party may terminate its participation under this agreement upon at least 30 days written 

notice to the other party. 

This Agreement constitutes the entire agreement between the parties concerning the subject 

matter and supersedes any prior understanding, written or oral. 

IX. MOU Review and Development 

Representatives from the BLM and MSHA will meet annually to discuss, review, and 

propose improvements to the MOU. During these meetings, the two agencies also will 

consider the appropriateness of expanding the MOU (or developing an additional MOU) that 

would facilitate coordination between the U.S. Department of Labor and the U.S. Department 

of Interior at underground metal/non-metal (non-coal) mines and/or surface mines. 

X. No Rights in Third Parties 

This MOU creates no legally enforceable rights. Nothing herein creates any right, benefit, or 

trust responsibility, substantive or procedural, enforceable at law or in equity by any person, 

entity, or party against the United States, its agencies, or its employees. 

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XI. No Diminuition of the Agencies' Authorities, Policies, Functions, or Activities 

Nothing in this MOU is intended to diminish or otherwise affect the authority of either 

agency to act in a manner it deems advisable to implement its respective regulatory and 

statutory functions. This agreement does not limit or restrict the parties to this MOU from 

participating in similar activities or arrangements with other entities. Nothing in this MOU 

supersedes or negates in any way the policies, directives, and procedures of either agency. 

XII. Anti-deficiency Act 

This MOU is not to be construed as obligating funds and is limited to the available resources 

of each agency. Nothing in this MOU shall be construed to obligate either of the parties to 

any current or future expenditure of money in advance or in excess of the availability of 

appropriations. 

XIII. The Privacy Act 

This agreement will be executed in full compliance with the Privacy Act of 1974, 5 U.S.C. § 

552a. 

XIV. Public Information Coordination 

Public disclosure of information regarding activities conducted under this MOU will be subject 

to the Freedom oflnformation Act (5 U.S.C. § 552). Prior to disclosure of requested 

information, the agencies may consult or refer documents to each other, as appropriate. 

..,.._ 

Q_v~ Robert V. Abbey · - ----===:.... ~ ---;{ Director 

{) Bureau of Land Management 

~ <><L'--1;~ ~ 'N "'"' ~hA.Main Assistant Secretary of Labor for 

Mine Safety and Health 

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Date