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TO AMEND THE FEDERAL COAL MINE HEALTH AND
TUESDAY, MARCH 29, 1977
U.S. HOUSE OF REPRESENTATIVES,
COMMITTEE ON EDUCATION AND LABOR,
The subcommittee met, pursuant to notice, at 10:05 a.m., in room 2257 Rayburn House Office Building, Hon. John Dent, presiding. Members present: Representatives Dent, Murphy, Erlenborn, Ashbrook, and Edwards.
Staff present: James M. Stephens, assistant minority labor counsel. Mr. DENT. The committee will come to order. Two persons being present, that constitutes a quorum for the purpose of holding hearings. This morning we are going to discuss a piece of legislation which has been around a while. It is an attempt to merge together the metallic and nonmetallic coal mining safety bills and acts of Congress. The effort is being made in order that both the metallic, nonmetallic, and coal mine safety laws can be better administered, and more efficiently, and that inspectors can become more proficient and efficient in their duties.
[Text of amendment to committee print (April 7, 1977) of H.R. 4287 follows:]
MAY 4, 1977
Amendment to Committee Print (April 7, 1977) of H.R. 4287 Offered by
Page 78, beginning with line 1, strike out everything
2 down through line 6 on page 90 and insert in lieu thereof 3 the following:
4 That this Act may be cited as the "Federal Mine Safety and 5 Health Amendments Act of 1977".
6 TITLE I-AMENDMENTS TO THE GENERAL PRO
SEC. 101. The first section of the Federal Coal Mine
11 Health and Safety Act of 1969 is amended to read as follows: 12 "That this Act may be cited as the 'Federal Mine Safety and 13 Health Act of 1977".
DEFINITIONS AND APPLICABILITY
SEC. 102. (a) (1) Section 2 of the Federal Coal Mine 3 Health and Safety Act of 1969 is amended by inserting 4 "or other" immediately after "coal" wherever it appears. 5 (2) Section 2 (g) (1) of such Act is amended by strik6 ing out "the Interior" and inserting in lieu thereof "Labor". 7 (b) (1) Section 3 (a) of such Act is amended by strik8 ing out "the Interior" and inserting in lieu thereof "Labor". 9 (2) Section 3 (h) of such Act is amended to read as 10 follows:
"(h) (1) Coal or other mine' means (A) an area of 12 land from which minerals are extracted in nonliquid form or, 13 if in liquid form, are extracted with workers underground, 14 (B) private ways and roads appurtenant to such area, and 15 (C) lands, excavations, underground passageways, shafts, 16 slopes, tunnels and workings, structures, facilities, equipment, 17 machines, tools, or other property including impoundments, 18 retention dams, and tailings ponds, on the surface or under19 ground, used in, or to be used in, or resulting from, the work 20 of extracting such minerals from their natural deposits in non21 liquid form, or if in liquid form, with workers underground, 22 or used in the milling of such minerals, or the work of pre23 paring coal, and includes custom coal preparation facilities, 24 except that with respect to protection against radiation haz25 ards such term shall not include property used in the milling
1 of source minerals defined in the Atomic Energy Act of 2 1954, as amended. In making a determination of what con3 stitutes mineral milling for purposes of this Act the Secre4 tary shall give due consideration to the convenience of ad5 ministration resulting from the delegation to one Assistant 6 Secretary of all authority with respect to the health and 7 safety of miners employed at one physical establishment. "(2) For purposes of title II, III, and IV, 'coal mine'
means an area of land and all structures, facilities, machinery, 10 tools, equipment, shafts, slopes, tunnels, excavations, and 11 other property, real or personal, placed upon, under, or above 12 the surface of such land by any person, used in, or to be used 13 in, or resulting from, the work of extracting in such area 14 bituminous coal, lignite, or anthracite from its natural de15 posits in the earth by any means or method, and the work of 16 preparing the coal so extracted, and includes custom coal 17 preparation facilities;".
18 (3) Sections 3 (d), (e), (g), and (j) of such Act are 19 each amended by inserting "or other" immediately after 20 "coal" wherever it appears.
(4) Section 3 of such Act is amended by striking out the 22 word "and" at the end of paragraph (1), by striking out the 23 period at the end of paragraph (m) and inserting in lieu 24 thereof "; and", and by adding at the end thereof the follow25 ing new paragraph: