Page:United States Statutes at Large Volume 120.djvu/524

 PUBLIC LAW 109–236—JUNE 15, 2006

120 STAT. 493

Public Law 109–236 109th Congress An Act To amend the Federal Mine Safety and Health Act of 1977 to improve the safety of mines and mining.

June 15, 2006 [S. 2803]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Mine Improvement and New Emergency Response Act of 2006’’ or the ‘‘MINER Act’’. SEC. 2. EMERGENCY RESPONSE.

Section 316 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 876) is amended— (1) in the section heading by adding at the end the following: ‘‘AND EMERGENCY RESPONSE PLANS’’; (2) by striking ‘‘Telephone’’ and inserting ‘‘(a) IN GENERAL.—Telephone’’; and (3) by adding at the end the following: ‘‘(b) ACCIDENT PREPAREDNESS AND RESPONSE.— ‘‘(1) IN GENERAL.—Each underground coal mine operator shall carry out on a continuing basis a program to improve accident preparedness and response at each mine. ‘‘(2) RESPONSE AND PREPAREDNESS PLAN.— ‘‘(A) IN GENERAL.—Not later than 60 days after the date of enactment of the Mine Improvement and New Emergency Response Act of 2006, each underground coal mine operator shall develop and adopt a written accident response plan that complies with this subsection with respect to each mine of the operator, and periodically update such plans to reflect changes in operations in the mine, advances in technology, or other relevant considerations. Each such operator shall make the accident response plan available to the miners and the miners’ representatives. ‘‘(B) PLAN REQUIREMENTS.—An accident response plan under subparagraph (A) shall— ‘‘(i) provide for the evacuation of all individuals endangered by an emergency; and ‘‘(ii) provide for the maintenance of individuals trapped underground in the event that miners are not able to evacuate the mine. ‘‘(C) PLAN APPROVAL.—The accident response plan under subparagraph (A) shall be subject to review and approval by the Secretary. In determining whether to approve a particular plan the Secretary shall take into

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Mine Improvement and New Emergency Response Act of 2006. 30 USC 801 note.

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