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Section 211.1 Authority for regulations. Section 32 of the Act approved February 25, 1920 (41 Stat. 450; 30 U.S.C. 189), provides as follows:
Sec. 32. That the Secretary of the Interior is authorized to prescribe necessary and proper rules and regulations and to do any and all things necessary to carry out and accomplish the purposes of this Act. *+
*88 211.1 to 211.111, inclusive, issued under the authority contained in sec. 32, 41 Stat. 450; 30 U.S.C. 189.
† The source of 88 211.1 to 211.111, inclusive, is Operating regulations to govern coal-mining methods and the safety and welfare of miners on leased lands on the public domain, Secretary of the Interior, Dec. 23, 1937, 3 F.R. 444–456; 56 I.D. 490.
211.2 Orderly and efficient development of publicly owned coal lands and deposits. The purpose of supervision is to assure the orderly and efficient development of publicly owned coal lands and coal deposits, without waste or avoidable loss of coal or damage to coal-bearing formations; to promote the safety, health, and welfare of workmen involved; to obtain a proper record and accounting of all coal produced; to determine rent and royalty liability; and to maintain à record of rent and royalty payments.** [Sec. xxii]
211.3 Definitions. The following expressions wherever used in the regulations in this part shall have the meaning here indicated:
(a) Mining supervisor. The agent appointed by and acting for the Secretary of the Interior to supervise all coal-mining operations coming under the regulations in this part.
(b) District mining supervisor. An agent appointed by the Secretary of the Interior to supervise coal-mining operations in one or more of the coal fields of the United States, acting under the direction of the mining supervisor.
(c) Deputy mining supervisor. An agent appointed by the Secretary of the Interior, acting under the direction of the mining supervisor or the district mining supervisor.
(d) Lessee. Any person or persons, partnership, association, firm, corporation, municipality, or State which has made application for or to which has been issued a coal-mining lease, permit, or license under the Act of February 25, 1920 (41 Stat. 437; 30 U.S.C. 201-209), and amendments thereto.
(e) Leased land or tract. Any land or coal deposit owned by the United States and under lease, permit, license, or application for lease, permit, or license, in accordance with the Act of February 25, 1920, for the purpose of mining coal therefrom.
(f) Coal. *Coal of all ranks from lignite to anthracite.
(g) Mine. An underground excavation and all parts of the property of a mining plant either on the surface or underground that contribute directly or indirectly to the mining and preparation of coal.
(h) Stripping operation. The term “stripping operation” or "strip pit” shall mean a mining excavation or development by means of a surface pit or quarry in which the surface or cover over the coal bed is first removed and the coal itself is then excavated.
**For statutory and source citations, see note to § 211.1.
(i) Slope. An inclined entry in a dipping coal bed or an inclined tunnel to a coal bed.
(j) Shaft. A mine opening, the axis of which is approximately vertical, extending from the surface to develop one or more coal deposits.
(k) Panel. A unit area in a system of mining by which the mine is divided into areas isolated or surrounded by solid pillars of coal into which a pair of entries are driven for the development of rooms and the extraction of pillars.
(1) Working place. Any underground place where men are assigned to mine or load coal or rock by hand or mechanically.
(m) Rock dusting. The distribution or application underground of fine noncombustible dust in such a manner as to prevent, check, control, or extinguish coal-dust explosions.
(n) Wet coal dust. Coal dust in a mine shall be considered wet only when the fines contain sufficient water to permit molding by hand pressure.
(0) Gas. Used in the sense employed by coal miners to mean "fire damp," or flammable or explosive gas, usually methane. When such gas is mixed with air in certain proportions the mixture is explosive.
(p) Gassy mine. A mine shall be deemed “gassy” if so determined by appropriate State authority, or if a methane cap can be obtained with an approved safety lamp in any working place or places on any 3 days within a period of 30 days, or if the return air from any split contains 0.25 percent or more of flammable gas.
(q) Black damp. The excess of nitrogen and carbon dioxide in an oxygen-deficient atmosphere.
(r) Permissible. Applied to explosives, safety lamps, electric machinery, rescue apparatus, and other devices, means, apparatus, and materials officially listed as “permissible” by the United States Bureau of Mines and approved as having met its requirements for the respective specified uses.
(s) Fan. A revolving machine placed on the surface and used to create a positive air current in a mine.
(t) Booster fan. A revolving machine placed underground for increased circulation in the specific airway in which it is placed.
(u) Auxiliary fan. A revolving machine used to force air through tubing or ducts for the ventilation of a specific working place or places.** [Secs. i–xxi]
211.4 Supervisor, district supervisor, and deputy supervisor; powers and duties. It shall be the duty of the mining supervisor, district mining supervisors, and deputy mining supervisors :
(a) Inspectional supervision. To visit from time to time leased lands where coal mining or prospecting operations are being conducted or contemplated; and to inspect and supervise such operations and plants connected therewith in order to prevent injury to life, wastage of coal, damage to or from wells drilled through the coal beds, and damage or threatened damage to property or to equipment from fire, oil, gas, or water, or otherwise, and in order to insure that operations are being conducted and that the welfare of the miners is
**For statutory and source citations, see note to $ 211.1.
being provided for in accordance with the Act and the regulations in this part.
(b) Ascertain and report damage to coal deposits; report wastage of coal; make recommendations to the Secretary. To ascertain and report the nature and amount of damages, if any, to the leased premises or to adjacent property belonging to the Government; to report the amount and value of any coal avoidably lost or wasted; and to make recommendations to the Secretary of the Interior on the action to be taken for insuring compliance with the provisions of the lease and the regulations in this part.
(c) Production and royalty reports; sealing of mines. To examine the mines, mine maps, records, and books of the lessee and determine the amount of coal mined from Government coal land; to make a report to the Secretary of the Interior each quarter showing the production and the accrued royalties and rentals; to receive, record, and transmit payments of royalties and rentals; and to place seals at the entrance of leased lands on orders of the Secretary when the lessee is delinquent in royalty and rental payments.
(d) Wells or prospect holes through coal beds. To prescribe or approve the methods of protection from wells or prospect holes drilled for any purpose through the coal measures and mines on leased lands and on coal lands subject to lease, with a view to the prevention of leakage of oil, gas, water, or other fluid substances that might endanger the lives of employees, and to prescribe or approve methods of obtaining the ultimate extraction, so far as practicable, of coal in the vicinity of such wells.
(e) Abandonment of mine or of unmined portions of mine; survey at lessee's expense. To specify in writing under what conditions a mine or panel or other section of a mine, from which the coal has or has not been extracted, may be abandoned by the lessee, and how a section of a mine so abandoned should be sealed off or otherwise separated from the other parts of the mine, and to cause à survey of operations on leased lands to be made at the lessee's expense upon failure of the lessee to provide accurate maps as required.
(f) Placing seals on leased lands. If the operating regulations in this part or the State mining laws are not being complied with, and in the opinion of the district mining supervisor or the deputy mining supervisor, the mine or the lives of workmen are in jeopardy, such supervisor may give notice in writing to stop operations on all or a part of the leased land and may apply Department of the Interior seals to the haulage tracks or across the entrance to the strip pit, mine, or section of the mine affected. Should any such notice or seal be violated, the district mining supervisor shall recommend the penalty to be imposed upon the lessee.
(g) Orders to insure compliance with regulations not in conflict with State laws; appeal, delay in execution of order or notice. The mining supervisor, the district mining supervisor, and the deputy mining supervisor may issue such orders and notices in writing as may be appropriate to insure compliance with the regulations in this part, and may order the discontinuance or modification
of any operation or method that is causing or likely to cause any endangerment of life or property or is in violation of the provisions of the lease or regulations: Provided, That such orders are not in conflict with the laws of the State in which the leased land is situated; And further provided, That if any such order or notice issued by the deputy or district mining supervisor does not contain a statement that immediate danger of loss of life or property is involved and if the lessee appeals therefrom within 10 days, execution of said order or notice may be delayed pending review by the mining supervisor and, on further appeal, pending review by the Secretary of the Interior.** [Secs. 1-7]
DUTIES AND OBLIGATIONS OF LESSEE 211.5 Observance of lease terms; lessee's liability for damage. The lessee shall observe and carry out the terms of the Act of February 25, 1920 (41 Stat. 437; 30 U.S.C.), as amended, of his lease, of the regulations in this part, and of the orders and written notices of the mining supervisor, district mining supervisor, or deputy mining supervisor issued in accordance with the regulations and terms of the lease that are not in conflict with the laws of the State in which the leased land is situated : Provided, That if any order or notice does not specify that immediate action must be taken for the protection of life or property, an appeal may be taken as provided in § 211.4 (g). Upon failure of the lessee to take appropriate action to protect the deposits from damage or threatened damage by fire, water, oil, gas, or subsidence, and upon failure of the lessee properly to protect the property upon abandonment or cancelation of the lease, the lessee shall be liable for the expense of labor and supplies used by the district mining supervisor or his associates for the protection of the property.*+ [Sec. 8]
211.6 Records to be kept by lessee-(a) Production reports and other data. The lessee shall keep a correct record of coal produced in a manner that such records can readily be checked, and he shall report accurately, on mine-run basis, within 30 days after the expiration of the period covered by the report, all coal mined from the leased land during each calendar quarter and such other data as may be required on the form provided for quarterly reports; and on the anniversary of the lease he shall report the yearly production and such other data as may be required on the form provided for annual reports. Permittees shall report monthly and licensees quarterly, giving the amount of coal mined and the amount disposed of during the period covered by the report, a description of the work done, the cost of the work, the results of prospecting, and such other information as may be requested.
(b) Financial statement by accountant. The lessee shall cause an audit of his books and accounts pertaining to the leased land to be made annually within 30 days after the expiration of the lease year or at such times as directed by the district mining supervisor, to whom he shall furnish, free of cost, a copy of the said audit. The eligibility of the accountant making such audit is to be subject to approval by the Secretary of the Interior.*1 [Sec. 9]
**For statutory and source citations, see note to § 211.1.
211.7 Danger in mines to be reported. The lessee shall report promptly to the district mining supervisor by telephone or telegraph the occurrence in or about the leased land of fatal accidents, serious outbursts of gas, explosions, inundations, fires, extensive squeezes, collapses of roof, or other serious conditions causing or threatening the loss of life or property.*+ [Sec. 10]
211.8 Accidents to be reported to mining supervisor. The lessee shall report promptly in writing to the district mining supervisor each accident that results in the loss of more than one shift for the injured person, giving the date of the accident, the name, age, and occupation of the injured person, the actual work being performed when the injury occurred, the cause and nature or result of the injury, the probable length of disability, and the name and location of the mine, with outline sketches or maps when pertinent. Copies of reports to the State inspector or industrial commission and outline sketches or maps will fulfill the requirements of this section.*+ [Sec. 11]
PERSONNEL AND THEIR DUTIES
211.9 Certification by State or district mining supervisor required-(a) Personnel to be qualified. Superintendents, foremen, assistant foremen, mine examiners, fire bosses, hoistmen, electricians, and foremen of rescue and first-aid work must be qualified for and experienced in the duties of their respective positions and must be certified by competent State authority, or, in the absence of State certification requirements, appointments to such positions shall be subject to the approval of the district mining supervisor, who shall require the highest qualifications in vogue in the mining region concerned for similar positions.
(b) Mine official substitutes. In the absence of personnel qualified as mentioned in this section, the duties of such positions may be performed by others on written consent of the appropriate State official, or, should no State official have jurisdiction over mine officials, on written consent of the district mining supervisor.*+ [Sec. 12]
211.10 Mine foremen—(aMine foreman for more than five men underground. The lessee shall appoint for any mine employing more than five men underground on any shift a qualified mine foreman, who shall visit and inspect from time to time all accessible parts of the mine, and who shall be in responsible charge of the mine underground
(b) Superintendent may serve as foreman when less than 25 men underground. If 25 men or less are employed underground on any shift, the superintendent may serve also as mine foreman, provided he is qualified to do so under the applicable State regulations.
(c) Assistant foreman for each 75 men underground. If more than 75 men are employed underground on any shift, the lessee shall appoint at least one experienced assistant mine foreman, with qualifications and duties similar to those of foreman, and an additional assistant mine foreman for every additional 75 men or fractional part of that number.*1 [Sec. 13)
**For statutory and source citations, see note to $ 211.1.