(1) Except as provided in subsection (2), as long as the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq., is administered and enforced with respect to metallic and nonmetallic mines in Montana by means that include regular inspections of mines by federal inspectors, the department is not authorized to conduct inspections of those mines. If regular inspections of Montana metallic and nonmetallic mines by federal inspectors in the enforcement of the federal act are discontinued by federal action, the department is authorized to employ an adequate number of qualified metallic and nonmetallic mine inspectors necessary for the enforcement of this chapter and shall prescribe their powers, duties, and responsibilities.
(2) The department is authorized to employ an adequate number of qualified inspectors for sand and gravel mining operations and to prescribe the powers, duties, and responsibilities of those inspectors.