HR 2768 RH1S 
miners with equivalent or better protection, 
in the working areas of underground coal 
mines within 60 days following plan ap-
proval. In addition, a plan shall provide for 
the maintenance of a mobile emergency shel-
ter within 500 feet of the nearest working 
face in each working section of an under-
ground coal mine.’’. 
(c) IMPROVEMENTS
TO SEALS, VENTILATION CON-
TROLS, AND ROCK DUSTING TO LIMIT THE DAMAGE FROM 
EXPLOSIONS.— 
(1) REPEAL.—The MINER Act (30 U.S.C. 801 
note) is amended by striking section 10 (concerning 
sealing of abandoned areas). 
(2) SEALS.—Section 303(z) (30 U.S.C. 863(z)) is 
amended by adding at the end the following: 
‘‘(4)(A) The Secretary shall inspect all seals under con-
struction after the date of enactment of the S–MINER Act, 
during at least part of their construction, to ensure the 
mine operator is complying with the approved seal plan, 
and shall develop an inspection protocol for this purpose. 
‘‘(B) Not later than 3 months of the date of enactment 
of the S–MINER Act, the Secretary shall issue final rules 
regarding approval, design, construction, inspection, main-
tenance and monitoring of underground coal mine seals 
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which shall meet the requirements of this paragraph. Except 
as otherwise provided by this paragraph, these regulations 
shall implement the most recent recommendations of the 
National Institute of Occupational Safety and Health con-
cerning seal design, construction, inspection, maintenance 
and monitoring. The regulations shall also provide that all 
seals in a mine shall be monitored if they are not designed 
or installed to withstand a constant total pressure of 240 
pounds per square inch, using a static structural analysis. 
Monitoring of seals shall be done by continuous monitoring 
devices within one year of the date of enactment of this Act, 
and prior thereto by qualified personnel at such intervals 
as the Secretary determines are adequate to ensure safety. 
The Secretary shall require mine operators to utilize a tam-
per-resistant method to retain records of all such moni-
toring and ensure they are available for examination and 
verification by the agency. Monitoring of seals shall be done 
both by— 
‘‘(i) sampling through at least 1 seal in each 
bank of seals; and 
‘‘(ii) for new seals, unless infeasible due to prop-
erty rights, sampling through a sufficient number of 
boreholes from the surface to the sealed areas under-
ground to effectively determine the gas concentrations 
within the area. 
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‘‘(C) In addition, the regulations shall provide that— 
‘‘(i) seal sampling pipes shall be composed of 
materials that minimize the risk of transmitting any 
electrical charge, and no conductive materials may be 
used to line boreholes within three feet of the surface; 
‘‘(ii) an action plan for sealing and repair be es-
tablished that will, among any other requirements, 
include specific actions the mine operator will take to 
protect miners during the critical time period imme-
diately after sealing or repair takes place, and which 
shall be reviewed by personnel from the Mine Safety 
and Health Administration who have the required ex-
pertise prior to approval; and 
‘‘(iii) methane pressures behind any seal re-
quired to be monitored shall be maintained in such 
a manner as ensure that normal pressure variations 
that can be reasonably anticipated in the area of the 
seal do not bring the methane-air mixture into an ap-
propriate safety range surrounding the known explo-
sive range of such mixtures.’’. 
(3) VENTILATION CONTROLS.—Section 303(c) (30 
U.S.C. 863) is amended by inserting at the end the 
following new paragraph: 
‘‘(4) Not later than 1 year after the date of enactment 
of the S–MINER Act, the Secretary shall publish interim 
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final regulations to enhance the survivability of under-
ground mine ventilation controls. The Secretary shall re-
quire that stoppings be constructed using solid concrete 
blocks laid wet and sealed with an appropriate bonding 
agent on at least the side subjected to the velocity of the 
intake air coursing through the entry, except that in the 
case of stoppings constructed during barrier reduction and 
pillar removal operations, such stoppings may be con-
structed using hollow block and an appropriate bonding 
agent.’’. 
(4) ROCK DUSTING.—Section 304(d) (30 U.S.C. 
864) is amended by adding at the end the following: 
‘‘Not later than June 15, 2009, the National Institute 
for Occupational Safety and Health shall issue rec-
ommendations as to whether changes to these require-
ments are necessary to ensure an equivalent level of 
protection in light of any changes to the size and 
composition of coal dust since these requirements were 
established, and the Secretary of Labor shall take ap-
propriate action, including the issuance of an emer-
gency temporary standard if warranted, to respond to 
these recommendations.’’. 
(d) LIMITING CONVEYOR BELT RISKS.— 
(1) FLAME RESISTANT CONVEYOR BELTS.—Sec-
tion 311(h) is amended by adding at the end the fol-
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lowing: ‘‘Not later than January 31, 2008, the Sec-
retary shall publish interim final regulations to en-
sure that all conveyor belts in use in underground 
coal mines are replaced no later than December 31, 
2012, with belts that can meet the flame resistance re-
quirements recommended by the National Institute for 
Occupational Safety and Health, and which limit 
smoke and toxic emissions. Any conveyor belt in-
stalled in a coal mine after the date of enactment of 
the S–MINER Act shall meet such requirements.’’. 
(2) BELT AIR.—Section 303(y) (30 U.S.C. 863) 
is amended by adding at the end the following: 
‘‘(3) Not later than June 20, 2008, the Secretary shall 
revise the regulations prescribed pursuant to this section to 
require, in any coal mine, regardless of the date on which 
it was opened, that belt haulage entries not be used to venti-
late active working places. The Secretary may agree to a 
modification of this requirement, pursuant to the proce-
dures of section 101(c), if and only if— 
‘‘(A) the mine operator establishes to the satisfac-
tion of the Secretary that significant safety con-
straints require such usage; and 
‘‘(B) the mine operator agrees to comply with 
criteria established by the Secretary which shall, at a 
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minimum, include the conditions recommended by the 
Technical Study Panel established under section 514. 
‘‘(4) Plans that have been approved by the Secretary 
prior to the date of enactment of the S–MINER Act that 
permit the use of belt-air to ventilate active working places 
in a mine are permitted to remain in use to complete cur-
rent mining up until the date of issuance of the regulation 
required pursuant to paragraph (3).’’. 
(e) PRE-SHIFT REVIEW OF MINE CONDITIONS.—Sec-
tion 303(d) (30 U.S.C. 863(d)) is amended by adding at 
the end the following new paragraph: 
‘‘(3) Not later than 90 days after the date of enactment 
of the S–MINER Act, all mine operators shall be required 
to implement a communication program at each of such 
operators’ facilities to ensure that each person entering the 
operation is made aware at the start of that person’s shift 
of the current conditions of the mine in general and of that 
person’s specific worksite in particular. In an effort to fa-
cilitate these communications, all agents of the operator 
who are responsible for ensuring the safe and healthful 
working conditions at the mine, including mine foremen, 
assistant mine foremen, and mine examiners, shall, upon 
exiting the mine or workplace, communicate with those re-
placing them on duty to verbally update them on the condi-
tions they observed during their shift, including any condi-
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HR 2768 RH1S 
tions that are abnormal or hazardous. Prior to entering the 
mine or other workplace the on-coming agent of the operator 
shall meet with all members of the crew they are responsible 
for and inform them of the general conditions at the oper-
ation and in their specific work area. This process shall 
be completed prior to the start of each shift at the operation 
and recorded in a book designated for that purpose and 
available for inspection by all interested parties. In the 
event the operation is idle prior to the start of any shift 
the agent of the operator shall meet with the individual or 
individuals who were responsible for examining the mine 
to obtain the necessary information.’’. 
(f) ATMOSPHERIC MONITORING SYSTEMS.—Section 
317 (30 U.S.C. 877) is amended by adding at the end the 
following: 
‘‘(u) Not later than May 1, 2008, an operator of an 
underground mine shall install atmospheric monitoring 
systems in all underground areas where miners normally 
work and travel that provide real-time information regard-
ing carbon monoxide levels, and that can, to the maximum 
extent possible, withstand explosions and fires.’’. 
(g) METHANE MONITORS.—Section 303(h) (30 U.S.C. 
863(h)) is amended by redesignating paragraph (2) as 
paragraph (3), and inserting after paragraph (1) the fol-
lowing new paragraph: 
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‘‘(2) Each miner who is working alone for part of a 
shift shall be equipped with a multi-gas detector that meas-
ures current levels of methane, oxygen, and carbon mon-
oxide.’’. 
(h) LIGHTNING STUDY BY NATIONAL ACADEMY OF 
SCIENCES.—Not later than 1 year after the date of enact-
ment of this Act, the National Academy of Sciences shall 
submit to the Secretary and to Congress recommendations 
on— 
(1) actions that need to be taken to strengthen 
existing requirements in law or regulations to ensure 
that miners are protected, to the fullest extent per-
mitted, from the risks of lightning strikes near a 
mine; 
(2) recommendations for adopting any existing 
technology to the mining environment to minimize 
any such risks; and 
(3) research needed for improved technology. 
(i) ROOF AND RIB SUPPORT, BARRIER REDUCTION 
AND PILLAR EXTRACTION, SPECIAL ATTENTION TO DEEP 
MINING.— 
(1) AMENDMENTS
TO
EXISTING
LAW.—Section 
302 is amended— 
(A) by amending the section heading to 
read ‘‘ROOF AND RIB SUPPORT, BARRIER REDUC-
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HR 2768 RH1S 
TION AND PILLAR EXTRACTION, SPECIAL ATTEN-
TION TO DEEP MINING’’; 
(B) in subsection (a), by inserting after the 
second sentence the following: ‘‘The Secretary 
shall by regulation ensure the appropriate use of 
roof screen in belt entries, travelroads, and des-
ignated intake and return escapeways in accord-
ance with the requirements of subsection (g).’’; 
and 
(C) by inserting at the end the following: 
‘‘(g) Where screening is required, at least forty percent 
of the width of the exposed roof shall be screened. Screening 
to meet the requirements of this section must have a load 
bearing capacity at least equivalent to a load of 2.5 tones 
between bolts on a 4 foot pattern. 
‘‘(h)(1) An operator shall be required to have a current 
and approved barrier reduction or pillar extraction plan, 
or both, before performing such activities. The Secretary 
shall only approve a barrier reduction or pillar extraction 
plan if it provides adequate protection and minimizes the 
risks for miners engaged in the activity, reflecting appro-
priate engineering analysis, computer simulations, and 
consultations with technical experts in the agency, in the 
National Institute for Occupational Safety and Health, and 
in the Bureau of Land Management for any mines leasing 
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Federal coal resources, and only if the plan complies with 
any specific requirements that may be adopted by the Sec-
retary for barrier reduction or pillar extraction activities 
including requirements related to the depth of the mine, ge-
ology of the mine, mine height and methods, and emergency 
response capabilities. 
‘‘(2) A copy of a proposed barrier reduction or pillar 
extraction plan, or both, shall be provided to the authorized 
representative of miners at least 10 days prior to submis-
sion to the Secretary for approval. The authorized rep-
resentative of miners may provide comments to the Sec-
retary who shall respond thereto. 
‘‘(3) The Secretary shall establish a special internal 
review process for operator plans to protect miners from 
the risks addressed by this section when working at depths 
of more than 1500 feet and in other mines with a history 
of mountain bumps. 
‘‘(i) Not later than 1 week before the commencement 
of any barrier reduction or pillar extraction operations, the 
mine operator shall notify the appropriate representative 
of the Secretary of his intention to begin or resume barrier 
reduction or pillar extraction. The Secretary shall docu-
ment such notification in writing, and shall, before barrier 
reduction or pillar extraction operations begin, take action 
to ensure that every person who will be participating in 
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HR 2768 RH1S 
such operations is trained in the operator’s barrier reduc-
tion and/or and pillar extraction plan. The Secretary shall 
observe the barrier reduction or pillar extraction operations 
for a sufficient period of time to ensure that the mine oper-
ator is fully complying with the barrier reduction or pillar 
extraction plan. The Secretary may preclude the commence-
ment of such operations or halt such operations at any time 
the safety of miners comes into question.’’. 
(2) STUDY.—Not later than 1 year after the date 
of enactment of this Act, the National Academy of 
Sciences shall, in consultation with the National In-
stitute for Occupational Safety and Health, submit to 
the Secretary and to Congress recommendations for— 
(A) actions that need to be taken to 
strengthen existing requirements in law or regu-
lations to ensure that miners are protected, to 
the fullest extent permitted, from ground control 
hazards, including the special hazards associated 
with barrier reduction and pillar extraction; 
(B) adopting any existing technology to the 
mining environment to improve miner protec-
tions during barrier reduction and pillar extrac-
tion, and on research needed for improved tech-
nology to improve miner protections during such 
operations; 
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(C) adopting any existing technology to the 
mining environment to improve miner protec-
tions during mining at depths below 1000 feet, 
and on research needed for improved technology 
to improve miner protections during such oper-
ations; and 
(D) adopting any existing technology to the 
mining environment to improve miner protec-
tions during secondary mining of coal resources, 
and on research needed for improved technology 
to improve miner protections during such oper-
ations. 
(j) SCSR INSPECTION PROGRAM.— 
(1) IN GENERAL.—The Secretary shall— 
(A) establish a program to randomly re-
move and have tested by the National Institute 
for Occupational Safety and Health field sam-
ples of each model of self-rescue device used in an 
underground coal mine in order to ensure that 
the self-rescue devices in coal mine inventories 
are working in accordance with the approval cri-
teria for such devices; 
(B) require a manufacturer of a self-rescue 
device and the mine operator who owns a device 
to contact the Secretary immediately upon noti-
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fication of any potential problem with any such 
device, and provide a copy of such notice to the 
representative of miners at the affected oper-
ation; and 
(C) notify immediately all operators of un-
derground coal mines if the Secretary detects or 
is advised of any problems with the self-rescue 
devices. 
(2) DETERMINATION.—For the purposes of para-
graph (1)(A), the National Institute for Occupational 
Safety and Health shall determine the number of field 
samples of each device to be removed for testing, and 
the mines from which the samples are to be drawn to 
ensure a random sample is obtained, and shall pro-
vide mine operators with self-rescue devices to replace 
any removed for random testing. Should this testing 
reveal a potential problem with a device that requires 
additional testing, the Secretary shall remove such 
additional samples from such mines as may be re-
quested by the National Institute for Occupational 
Safety and Health, and it shall be the obligation of 
mine operators to provide self-rescue devices to 
promptly replace any removed as a result of such ad-
ditional testing. 
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HR 2768 RH1S 
(k) APPLICATION
TO UNDERGROUND METAL
AND 
NONMETAL MINES.—Title II is amended by adding at the 
end the following new section: 
‘‘SEC. 207. APPLICATION TO UNDERGROUND METAL AND 
NONMETAL MINES. 
‘‘(a) CONVEYOR BELTS.—The regulations to be issued 
pursuant to section 311(h) concerning conveyor belts shall 
also provide that all conveyor belts in use in underground 
metal and nonmetal mines are to be replaced, on the same 
schedule, with belts that can meet the flame resistance re-
quirements recommended by the National Institute for Oc-
cupational Safety and Health, and which limit smoke and 
toxic emissions. Any conveyor belt installed in an under-
ground metal or nonmetal mine after the date of enactment 
of the S–MINER Act shall meet such requirements. 
‘‘(b) SEALS.—The regulations to be issued pursuant to 
section 303(z)(2) concerning the approval, design, construc-
tion, inspection, maintenance and monitoring of under-
ground coal mine seals shall make the same rules applicable 
to seals in underground metal and nonmetal mines which 
have been classified by the Secretary as a category I, III, 
or V mine pursuant to section 57.22003 of title 30, Code 
of Federal Regulations, because they naturally emit defined 
quantities of methane. 
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HR 2768 RH1S 
‘‘(c) ADVISORY COMMITTEE.—Promptly after the date 
of enactment of the S–MINER Act The Secretary shall es-
tablish an advisory committee to provide recommendations 
as to the need to revise the regulations applicable to under-
ground metal and nonmetal mines to ensure that miners 
in such mines are as protected in emergency situations as 
will be underground coal miners following the full imple-
mentation of the MINER Act, the provisions of the S– 
MINER Act, and related actions by the Secretary. The ad-
visory committee shall be established pursuant to the Advi-
sory Committee Act, and shall provide recommendations to 
the Secretary and to Congress not later than 21 months 
after the date of enactment of this Act, including rec-
ommendations as to any action by Congress that could fa-
cilitate the goal of providing equivalent protections to min-
ers in underground metal and nonmetal mines.’’. 
(l) APPROVAL CENTER PRIORITIES.—The Secretary 
shall expedite the process for approving any— 
(1) self-rescue device that permits the replenish-
ment of oxygen without requiring the device user to 
remove the device; and 
(2) underground communication device that pro-
vides for communication between underground and 
surface personnel via a wireless two-way medium. 
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HR 2768 RH1S 
(m) TECHNOLOGY AND MINE EMERGENCY HEALTH 
AND SAFETY RESEARCH PRIORITIES.—In implementing its 
research activities in the 5-year period beginning on the 
date of enactment of this Act, the National Institute for Oc-
cupational Safety and Health shall give due consideration 
to new technologies, and existing technologies that could be 
adapted for use in underground coal or other mines, that 
could facilitate the survival of miners in a mining emer-
gency. Such technologies include— 
(1) self-contained self-rescue devices capable of 
delivering enhanced performance; 
(2) improved battery capacity and common con-
nection specifications to enable emergency commu-
nication devices for miners to be run from the same 
portable power source as a headlamp, continuous dust 
monitor, or other device carried by a miner; 
(3) improved technology for assisting mine res-
cue teams, including devices to enhance vision during 
rescue or recovery operations; 
(4) improved technology, and improved protocols 
for the use of existing technologies, to enable condi-
tions underground to be assessed promptly and con-
tinuously in emergencies, so as to facilitate the deter-
mination by appropriate officials of the instructions 
to provide both to miners trapped underground and 
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to mine rescue teams and others engaged in rescue ef-
forts; 
(5) improvements to underground mine ventila-
tion controls separating mine entries to be more re-
sistant to mine fires and explosions, particularly in 
those entries used for miner escapeways; 
(6) mine-wide monitoring systems and strategies 
that can monitor mine gases, oxygen, air flows, and 
air quantities at strategic locations throughout the 
mine that would be functional during normal mining 
operations and following mine fires, explosions, roof 
falls, and mine bursts, including systems utilizing 
monitoring sensors that transfer data to the mine sur-
face and the installation of tubing to draw mine gas 
samples that are distributed throughout the mine and 
can quickly deliver samples to the mine surface; and 
(7) protective strategies for the placement of 
equipment, cables, and devices that are to be utilized 
during mine emergencies such as communication sys-
tems, oxygen supplies, and mine atmosphere moni-
toring systems, to protect them from mine fires, roof 
falls, explosions, and other damage. 
SEC. 5. SUPPLEMENTING ENFORCEMENT AUTHORITY. 
(a) AUTHORITY OF INSPECTORS.—Section 103(a) (30 
U.S.C. 813(a)) is amended by adding at the end the fol-
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lowing: ‘‘No person shall limit or otherwise prevent the Sec-
retary from entry on a coal or other mine, or interfere with 
the Secretary’s inspection activities, investigative activities, 
or rescue or recovery activities.’’. 
(b) TRANSITION TO A NEW GENERATION OF INSPEC-
TORS.—Section 505 (30 U.S.C. 954) is amended— 
(1) by striking ‘‘The Secretary’’ the first place it 
appears and inserting ‘‘(a) The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(b) Within 270 days of the enactment of the S– 
MINER Act, the Secretary shall establish a Master Inspec-
tor program to ensure that the most experienced and skilled 
employees in the Nation have the incentive, in terms of re-
sponsibilities and pay, to serve as mine safety and health 
inspectors in this Nation’s mines. 
‘‘(c) In order to ensure that the Secretary has adequate 
time to provide that a sufficient number of qualified and 
properly trained inspectors of the Mine Safety and Health 
Administration are in place before any inspectors employed 
as of the date of enactment of the S–MINER Act retire, 
any ceilings on the number of personnel that may be em-
ployed by the Administration with respect to mine inspec-
tors are abolished for the 5-year period beginning on the 
date of enactment of such Act. 
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‘‘(d) In the event that, notwithstanding the actions 
taken by the Secretary to hire and train qualified inspec-
tors, the Secretary is temporarily unable, at any time dur-
ing the 5-year period beginning on the date of enactment 
of the S–MINER Act, to employ the number of inspectors 
required to staff all district offices devoted to coal mines 
at the offices’ highest historical levels without transferring 
personnel from supervisory or plan review activities or di-
minishing current inspection resources devoted to other 
types of mines, the Administration is authorized to hire re-
tired inspectors on a contractual basis to conduct mine in-
spections, and the retirement benefits of such retired inspec-
tors shall not be reduced as a result of such temporary con-
tractual employment. 
‘‘(e) During the 5-year period beginning on the date 
of enactment of the S–MINER Act, the Secretary shall issue 
a special report to the appropriate committees of Congress 
each year, or at such more frequent intervals as the Sec-
retary or any such committee may consider appropriate, 
providing information about the actions being taken under 
this section, the size and training of the inspector workforce 
at the Mine Safety and Health Administration, the level 
of enforcement activities, and the number of requests by in-
dividual operators of mines for compliance assistance.’’. 
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HR 2768 RH1S 
(c) OFFICE
OF MINER OMBUDSMAN.—Title V is 
amended by adding at the end the following: 
‘‘SEC. 516. OFFICE OF MINER OMBUDSMAN. 
‘‘(a) ESTABLISHMENT OF MINER OMBUDSMAN.—There 
shall be established, within the Office of the Inspector Gen-
eral of the Department of Labor, the position of Miner Om-
budsman. The President, by and with the advice and con-
sent of the Senate, shall appoint an individual with exper-
tise in mine safety and health to serve as the Miner Om-
budsman. The Ombudsman shall have authority to hire 
such personnel as are required to administer his duties in 
accordance with applicable law, provided they meet any 
general requirements for employment within the Office of 
the Inspector General. 
‘‘(b) DUTIES.—The Miner Ombudsman shall— 
‘‘(1) recommend to the Secretary appropriate 
practices to ensure the confidentiality of the identity 
of miners, and the families or personal representatives 
of the miners, who contact mine operators, authorized 
representatives of the miners, the Mine Safety and 
Health Administration, the Department of Labor, or 
others with information about mine accidents, inci-
dents, injuries, illnesses, possible violations of manda-
tory health or safety standard violations or plans or 
other mine safety and health concerns; 
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HR 2768 RH1S 
‘‘(2) establish a toll-free telephone number and 
appropriate Internet website to permit individuals to 
confidentially report mine accidents, incidents, inju-
ries, illnesses, possible violations of mandatory health 
or safety standard violations or plans or other mine 
safety and health concerns, and provide plastic wallet 
cards, refrigerator magnets, or similar devices to all 
mine operators, which mine operators shall distribute 
to all current and new miners, with contact informa-
tion for such confidential reports, and also provide 
supplies of these devices to miner communities; 
‘‘(3) collect and forward information concerning 
accidents, incidents, injuries, illnesses, possible viola-
tions of mandatory health or safety standard viola-
tions or plans or other mine safety and health con-
cerns to the appropriate officials of the Mine Safety 
and Health Administration for investigation, or to 
appropriate officials within the Office of Inspector 
General for investigation or audit, or both, while es-
tablishing practices to protect the confidentiality of 
the identify of those who provide such information to 
the Ombudsman; and 
‘‘(4) monitor the Secretary of Labor’s efforts to 
promptly act upon complaints filed by miners under 
section 105(c) of the Act or pursuant to other pro-
VerDate Aug 31 2005 
21:09 Nov 29, 2007
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