-CITE-    
    30 USC CHAPTER 22 - MINE SAFETY AND HEALTH                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
                    CHAPTER 22 - MINE SAFETY AND HEALTH                

-MISC1-
    Sec.                                                     
    801.        Congressional findings and declaration of purpose.    
    802.        Definitions.                                          
    803.        Mines subject to coverage.                            
    804.        Interim Compliance Panel.                             

                          SUBCHAPTER I - GENERAL                      
    811.        Mandatory safety and health standards.                
    812.        Advisory committees.                                  
    813.        Inspections, investigations, and recordkeeping.       
    814.        Citations and orders.                                 
    815.        Procedure for enforcement.                            
    816.        Judicial review of Commission orders.                 
    817.        Procedures to counteract dangerous conditions.        
    818.        Injunctions.                                          
    819.        Posting of orders and decisions.                      
    820.        Penalties.                                            
    821.        Entitlement of miners to full compensation.           
    822.        Representation of Secretary in civil litigation by
                 Solicitor of Labor.                                  
    823.        Federal Mine Safety and Health Review Commission.     
    823a.       Principal office in District of Columbia; proceedings
                 held elsewhere.                                      
    824.        Authorization of appropriations.                      
    825.        Mandatory health and safety training.                 
    826.        Limitation on certain liability for rescue operations.

            SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS        
    841.        Mandatory health standards for underground mines;
                 enforcement; review; purpose.                        
    842.        Dust concentration and respiratory equipment.         
    843.        Medical examinations.                                 
    844.        Rock dust and gas hazards; controls.                  
    845.        Dust standards in presence of quartz.                 
    846.        Noise standards; promulgation of new standards; tests;
                 procedures; protective devices.                      

    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
                                COAL MINES
    861.        Mandatory safety standards for underground mines.     
    862.        Roof support.                                         
    863.        Ventilation.                                          
    864.        Combustible materials and rock dusting.               
    865.        Electrical equipment.                                 
    866.        Trailing cables.                                      
    867.        Grounding of equipment.                               
    868.        Underground high-voltage distribution.                
    869.        Underground low- and medium-voltage alternating
                 current circuits.                                    
    870.        Trolley wires and trolley feeder wires.               
    871.        Fire protection.                                      
    872.        Maps.                                                 
    873.        Blasting and explosives.                              
    874.        Hoisting and mantrips.                                
    875.        Emergency shelters; construction; contents;
                 implementation plans.                                
    876.        Communication facilities; locations and emergency
                 response plans.                                      
    877.        General safety provisions.                            
    878.        Definitions.                                          

                    SUBCHAPTER IV - BLACK LUNG BENEFITS                

                        PART A - GENERAL PROVISIONS                    
    901.        Congressional findings and declaration of purpose;
                 short title.                                         
    902.        Definitions.                                          
    903.        Field offices.                                        
    904.        Repealed.                                             

     PART B - CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973 
    921.        Regulations and presumptions.                         
    922.        Payment of benefits.                                  
    923.        Filing of notice of claim.                            
    924.        Time for filing claims.                               
    924a.       Repealed.                                             
    925.        Procedure for the determination of claims during
                 transition period.                                   

           PART C - CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973       
    931.        Benefits under State workmen's compensation laws.     
    932.        Failure to meet workmen's compensation requirements.  
    932a.       Appointment of qualified individuals to hear and
                 determine claims for benefits.                       
    933.        Duties of operators in States not qualifying under
                 workmen's compensation laws.                         
    934.        "Fund" defined; liability of operators to United
                 States for repayments to fund; procedures applicable;
                 rate of interest.                                    
    934a.       Repealed.                                             
    935.        Utilization of services of State and local agencies.  
    936.        Regulations and reports.                              
    937.        Contracts and grants.                                 
    938.        Miners suffering from pneumoconiosis; discrimination
                 prohibited.                                          
    939.        Authorization of appropriations.                      
    940.        Applicability of amendments to part B of this
                 subchapter to this part.                             
    941.        Penalty for false statements or representations.      
    942.        Miner benefit entitlement reports; penalty for failure
                 or refusal to file.                                  
    943.        Black lung insurance program.                         
    944.        Statement of reasons for denial of claim.             
    945.        Repealed.                                             

                 SUBCHAPTER V - ADMINISTRATIVE PROVISIONS             
    951.        Studies and research.                                 
    951a.       Health, Safety, and Mining Technology Research
                 program.                                             
    952.        Training and education.                               
    953.        Assistance to States.                                 
    954.        Appointment of administrative personnel and
                 inspectors; qualifications; training programs.       
    955.        State laws.                                           
    956.        Applicability of administrative procedure provisions. 
    957.        Promulgation of regulations.                          
    958.        Annual reports to Congress; contents.                 
    959.        Study of coordination of Federal and State activities;
                 report.                                              
    960.        Limitation on issuance of temporary restraining order
                 or preliminary injunction.                           
    961.        Functions transferred under 1977 amendments.          
    962.        Acceptance of contributions and prosecution of
                 projects; cooperative programs to promote health and
                 safety education and training; recognition and
                 funding of Joseph A. Holmes Safety Association; use
                 of funds for costs of mine rescue and survival
                 operations.                                          
    963.        Technical Study Panel.                                
    964.        Scholarships.                                         
    965.        Brookwood-Sago Mine Safety Grants.                    

-End-



-CITE-
    30 USC Sec. 801                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
    Sec. 801. Congressional findings and declaration of purpose

-STATUTE-
      Congress declares that - 
        (a) the first priority and concern of all in the coal or other
      mining industry must be the health and safety of its most
      precious resource - the miner;
        (b) deaths and serious injuries from unsafe and unhealthful
      conditions and practices in the coal or other mines cause grief
      and suffering to the miners and to their families;
        (c) there is an urgent need to provide more effective means and
      measures for improving the working conditions and practices in
      the Nation's coal or other mines in order to prevent death and
      serious physical harm, and in order to prevent occupational
      diseases originating in such mines;
        (d) the existence of unsafe and unhealthful conditions and
      practices in the Nation's coal or other mines is a serious
      impediment to the future growth of the coal or other mining
      industry and cannot be tolerated;
        (e) the operators of such mines with the assistance of the
      miners have the primary responsibility to prevent the existence
      of such conditions and practices in such mines;
        (f) the disruption of production and the loss of income to
      operators and miners as a result of coal or other mine accidents
      or occupationally caused diseases unduly impedes and burdens
      commerce; and
        (g) it is the purpose of this chapter (1) to establish interim
      mandatory health and safety standards and to direct the Secretary
      of Health and Human Services and the Secretary of Labor to
      develop and promulgate improved mandatory health or safety
      standards to protect the health and safety of the Nation's coal
      or other miners; (2) to require that each operator of a coal or
      other mine and every miner in such mine comply with such
      standards; (3) to cooperate with, and provide assistance to, the
      States in the development and enforcement of effective State coal
      or other mine health and safety programs; and (4) to improve and
      expand, in cooperation with the States and the coal or other
      mining industry, research and development and training programs
      aimed at preventing coal or other mine accidents and
      occupationally caused diseases in the industry.

-SOURCE-
    (Pub. L. 91-173, Sec. 2, Dec. 30, 1969, 83 Stat. 742; Pub. L. 95-
    164, title I, Sec. 102(a), Nov. 9, 1977, 91 Stat. 1290; Pub. L. 96-
    88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in par. (g), was in the original "this
    Act", meaning Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, known as
    the Federal Mine Safety and Health Act of 1977, which is classified
    principally to this chapter. For complete classification of this
    Act to the Code, see Short Title note set out below and Tables.


-MISC1-
                                AMENDMENTS                            
      1977 - Pars. (a) to (d), (f). Pub. L. 95-164, Sec. 102(a)(1),
    inserted "or other" after "coal" wherever appearing.
      Par. (g). Pub. L. 95-164, Sec. 102(a)(1), (2), inserted "or
    other" after "coal" wherever appearing and substituted "Secretary
    of Labor" for "Secretary of the Interior".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in par. (g) pursuant
    to section 509(b) of Pub. L. 96-88 which is classified to section
    3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 307 of Pub. L. 95-164 provided that: "Except as otherwise
    provided, this Act and the amendments made by this Act [see Short
    Title of 1977 Amendment note below] shall take effect 120 days
    after the date of enactment of this Act [Nov. 9, 1977]. The
    Secretary of Labor and the Secretary of the Interior are authorized
    to establish such rules and regulations as may be necessary for the
    efficient transfer of functions provided under this Act. The
    amendment to the Federal Coal Mine Health and Safety Act of 1969
    made by section 202 of this Act [amending section 842(e) of this
    title and repealing subsec. (k) of section 878 of this title] shall
    be effective on the date of enactment [Nov. 9, 1977]."

                              EFFECTIVE DATE                          
      Section 509 of Pub. L. 91-173 provided that: "Except to the
    extent an earlier date is specifically provided in this Act [see
    Short Title note below], the provisions of titles I and III of this
    Act [subchapters I and III of this chapter] shall become operative
    ninety days after the date of enactment of this Act [Dec. 30,
    1969], and the provisions of title II of this Act [subchapter II of
    this chapter] shall become operative six months after the date of
    enactment of this Act. The provisions of the Federal Coal Mine
    Safety Act, as amended [section 451 et seq. of this title], are
    repealed on the operative date of titles I and III of this Act
    except that such provisions shall continue to apply to any order,
    notice, decision, or finding issued under that Act prior to such
    operative date and to any proceedings related to such order,
    notice, decision or findings. All other provisions of this Act,
    shall be effective on the date of enactment of this Act [Dec. 30,
    1969]."

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-236, Sec. 1, June 15, 2006, 120 Stat. 493, provided
    that: "This Act [enacting sections 826 and 963 to 965 of this
    title, amending sections 813, 818, 820, 825, and 876 of this title
    and section 671 of Title 29, Labor, and enacting provisions set out
    as notes under this section and sections 811 and 820 of this title]
    may be cited as the 'Mine Improvement and New Emergency Response
    Act of 2006' or the 'MINER Act'."

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-275, Sec. 1, Nov. 2, 2002, 116 Stat. 1925, provided
    that: "This Act [amending sections 902, 921 to 924, 925, 932a, and
    936 of this title, repealing sections 904, 924a, and 945 of this
    title, and enacting provisions set out as notes under sections 902
    and 921 of this title] may be cited as the 'Black Lung
    Consolidation of Administrative Responsibility Act'."

                       SHORT TITLE OF 1981 AMENDMENT                   
      Pub. L. 97-119, title II, Sec. 201(a), Dec. 29, 1981, 95 Stat.
    1643, provided that: "This title [amending sections 901, 902, 921
    to 923, 932, and 940 of this title and enacting provisions set out
    as notes under section 901 of this title] may be cited as the
    'Black Lung Benefits Amendments of 1981'."

                       SHORT TITLE OF 1978 AMENDMENT                   
      Pub. L. 95-239, Sec. 1, Mar. 1, 1978, 92 Stat. 95, provided that:
    "This Act [enacting sections 903, 904, 924a, and 942 to 945 of this
    title, amending sections 901, 902, 921 to 924, 931, 932, 933, 937,
    940, and 941 of this title, and enacting provisions set out as
    notes under sections 901, 932a, and 934a of this title, section
    4121 of Title 26, Internal Revenue Code, and section 675 of Title
    29, Labor] may be cited as the 'Black Lung Benefits Reform Act of
    1977'."

                       SHORT TITLE OF 1977 AMENDMENT                   
      Section 1 of Pub. L. 95-164 provided: "That this Act [enacting
    sections 822 to 825 and 961 of this title and section 557a of Title
    29, Labor, amending this section, sections 802 to 804, 811 to 821,
    842, 861, 878, 951 to 955, 958, and 959 of this title, and sections
    5314 and 5315 of Title 5, Government Organization and Employees,
    repealing sections 721 to 740 of this title and section 1456a of
    Title 43, Public Lands, and enacting provisions set out as notes
    under this section, section 954 of this title and section 11 of
    former Title 31, Money and Finance] may be cited as the 'Federal
    Mine Safety and Health Amendments Act of 1977'."

                       SHORT TITLE OF 1972 AMENDMENT                   
      Pub. L. 92-303, Sec. 1(a), May 19, 1972, 86 Stat. 150, provided:
    "That this Act [enacting sections 925 and 937 to 941 of this title,
    amending sections 901, 902, 921 to 924, 931, 932, 933, 934, and 936
    of this title, and enacting provisions set out as notes under
    sections 921 to 923 of this title] may be cited as the 'Black Lung
    Benefits Act of 1972'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 91-173, as amended by Pub. L. 95-164, title
    I, Sec. 101, Nov. 9, 1977, 91 Stat. 1290, provided: "That this Act
    [which was known as the Federal Coal Mine Health and Safety Act of
    1969 prior to the amendment by Pub. L. 95-164 and which enacted
    this chapter, amended sections 633 and 636 of Title 15, Commerce
    and Trade, repealed sections 451 to 460 and 471 to 483 of this
    title, and enacted provisions set out as notes under this section
    and section 636 of Title 15] may be cited as the 'Federal Mine
    Safety and Health Act of 1977'."
      For short title of subchapter IV of this chapter as the "Black
    Lung Benefits Act", see section 901(b) of this title.

                               SEPARABILITY                           
      Section 510 of Pub. L. 91-173 provided that: "If any provision of
    this Act [see Short Title note set out above], or the application
    of such provision to any person or circumstance shall be held
    invalid, the remainder of this Act, or the application of such
    provision to persons or circumstances other than those as to which
    it is held invalid, shall not be affected thereby."

                  REQUIREMENT CONCERNING FAMILY LIAISONS              
      Pub. L. 109-236, Sec. 7, June 15, 2006, 120 Stat. 500, provided
    that: "The Secretary of Labor shall establish a policy that - 
        "(1) requires the temporary assignment of an individual
      Department of Labor official to be a liaison between the
      Department and the families of victims of mine tragedies
      involving multiple deaths;
        "(2) requires the Mine Safety and Health Administration to be
      as responsive as possible to requests from the families of mine
      accident victims for information relating to mine accidents; and
        "(3) requires that in such accidents, that the Mine Safety and
      Health Administration shall serve as the primary communicator
      with the operator, miners' families, the press and the public."

-End-



-CITE-
    30 USC Sec. 802                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
    Sec. 802. Definitions

-STATUTE-
      For the purpose of this chapter, the term - 
        (a) "Secretary" means the Secretary of Labor or his delegate;
        (b) "commerce" means trade, traffic, commerce, transportation,
      or communication among the several States, or between a place in
      a State and any place outside thereof, or within the District of
      Columbia or a possession of the United States, or between points
      in the same State but through a point outside thereof;
        (c) "State" includes a State of the United States, the District
      of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
      American Samoa, Guam, and the Trust Territory of the Pacific
      Islands;
        (d) "operator" means any owner, lessee, or other person who
      operates, controls, or supervises a coal or other mine or any
      independent contractor performing services or construction at
      such mine;
        (e) "agent" means any person charged with responsibility for
      the operation of all or a part of a coal or other mine or the
      supervision of the miners in a coal or other mine;
        (f) "person" means any individual, partnership, association,
      corporation, firm, subsidiary of a corporation, or other
      organization;
        (g) "miner" means any individual working in a coal or other
      mine;
        (h)(1) "coal or other mine" means (A) an area of land from
      which minerals are extracted in nonliquid form or, if in liquid
      form, are extracted with workers underground, (B) private ways
      and roads appurtenant to such area, and (C) lands, excavations,
      underground passageways, shafts, slopes, tunnels and workings,
      structures, facilities, equipment, machines, tools, or other
      property including impoundments, retention dams, and tailings
      ponds, on the surface or underground, used in, or to be used in,
      or resulting from, the work of extracting such minerals from
      their natural deposits in nonliquid form, or if in liquid form,
      with workers underground, or used in, or to be used in, the
      milling of such minerals, or the work of preparing coal or other
      minerals, and includes custom coal preparation facilities. In
      making a determination of what constitutes mineral milling for
      purposes of this chapter, the Secretary shall give due
      consideration to the convenience of administration resulting from
      the delegation to one Assistant Secretary of all authority with
      respect to the health and safety of miners employed at one
      physical establishment;
        (2) For purposes of subchapters II, III, and IV of this
      chapter, "coal mine" means an area of land and all structures,
      facilities, machinery, tools, equipment, shafts, slopes, tunnels,
      excavations, and other property, real or personal, placed upon,
      under, or above the surface of such land by any person, used in,
      or to be used in, or resulting from, the work of extracting in
      such area bituminous coal, lignite, or anthracite from its
      natural deposits in the earth by any means or method, and the
      work of preparing the coal so extracted, and includes custom coal
      preparation facilities;
        (i) "work of preparing the coal" means the breaking, crushing,
      sizing, cleaning, washing, drying, mixing, storing, and loading
      of bituminous coal, lignite, or anthracite, and such other work
      of preparing such coal as is usually done by the operator of the
      coal mine;
        (j) "imminent danger" means the existence of any condition or
      practice in a coal or other mine which could reasonably be
      expected to cause death or serious physical harm before such
      condition or practice can be abated;
        (k) "accident" includes a mine explosion, mine ignition, mine
      fire, or mine inundation, or injury to, or death of, any person;
        (l) "mandatory health or safety standard" means the interim
      mandatory health or safety standards established by subchapters
      II and III of this chapter, and the standards promulgated
      pursuant to subchapter I of this chapter;
        (m) "Panel" means the Interim Compliance Panel established by
      this chapter; and
        (n) "Administration" means the Mine Safety and Health
      Administration in the Department of Labor.
        (o) "Commission" means the Federal Mine Safety and Health
      Review Commission.

-SOURCE-
    (Pub. L. 91-173, Sec. 3, Dec. 30, 1969, 83 Stat. 743; Pub. L. 95-
    164, title I, Sec. 102(b), Nov. 9, 1977, 91 Stat. 1290.)


-MISC1-
                                AMENDMENTS                            
      1977 - Par. (a). Pub. L. 95-164, Sec. 102(b)(1), substituted
    "Secretary of Labor" for "Secretary of the Interior".
      Par. (d). Pub. L. 95-164, Sec. 102(b)(2), (4), substituted
    "supervises a coal or other mine or any independent contractor
    performing services or construction at such mine" for "supervises a
    coal mine".
      Pars. (e), (g). Pub. L. 95-164, Sec. 102(b)(4), inserted "or
    other" after "coal" wherever appearing.
      Par. (h). Pub. L. 95-164, Sec. 102(b)(3), added subpar. (1),
    designated existing provisions as subpar. (2), and inserted "For
    purposes of subchapters II, III, and IV of this chapter," after
    "(2)".
      Par. (j). Pub. L. 95-164, Sec. 102(b)(4), inserted "or other"
    after "coal".
      Pars. (n), (o). Pub. L. 95-164, Sec. 102(b)(5), added pars. (n)
    and (o).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-



-CITE-
    30 USC Sec. 803                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
    Sec. 803. Mines subject to coverage

-STATUTE-
      Each coal or other mine, the products of which enter commerce, or
    the operations or products of which affect commerce, and each
    operator of such mine, and every miner in such mine shall be
    subject to the provisions of this chapter.

-SOURCE-
    (Pub. L. 91-173, Sec. 4, Dec. 30, 1969, 83 Stat. 744; Pub. L. 95-
    164, title I, Sec. 102(c), Nov. 9, 1977, 91 Stat. 1291.)


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 inserted "or other" after "coal".

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 804                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
    Sec. 804. Interim Compliance Panel

-STATUTE-
    (a) Establishment; composition
      There is hereby established the Interim Compliance Panel, which
    shall be composed of five members as follows:
        (1) Assistant Secretary of Labor for Labor Standards,
      Department of Labor, or his delegate;
        (2) Director of the National Institute of Standards and
      Technology, Department of Commerce, or his delegate;
        (3) Administrator of Consumer Protection and Environmental
      Health Service, Department of Health and Human Services, or his
      delegate;
        (4) Director of the United States Bureau of Mines, Department
      of the Interior, or his delegate; and
        (5) Director of the National Science Foundation, or his
      delegate.
    (b) Compensation; travel and subsistence expenses
      Members of the Panel shall serve without compensation in addition
    to that received in their regular employment, but shall be entitled
    to reimbursement for travel, subsistence, and other necessary
    expenses incurred by them in the performance of duties vested in
    the Panel.
    (c) Cooperation of Federal agencies
      Notwithstanding any other provision of law, the Secretary of
    Health and Human Services, the Secretary of Commerce, the Secretary
    of the Interior, and the Secretary shall, upon request of the
    Panel, provide the Panel such personnel and other assistance as the
    Panel determines necessary to enable it to carry out its functions
    under this chapter.
    (d) Quorum; voting; selection of chairman
      Three members of the Panel shall constitute a quorum for doing
    business. All decisions of the Panel shall be by majority vote. The
    chairman of the Panel shall be selected by the members from among
    the membership thereof.
    (e) Appointment of administrative law judges; provisions applicable
      The Panel is authorized to appoint as many administrative law
    judges as are necessary for proceedings required to be conducted in
    accordance with the provisions of this chapter. The provisions
    applicable to administrative law judges appointed under section
    3105 of title 5 shall be applicable to administrative law judges
    appointed pursuant to this subsection.
    (f) Functions; hearings; notice and review; termination; annual
      report
      (1) It shall be the function of the Panel to carry out the duties
    imposed on it pursuant to this chapter and to provide an
    opportunity for a public hearing, after notice, at the request of
    an operator of the affected coal mine or the representative of the
    miners of such mine. Any operator or representative of miners
    aggrieved by a final decision of the Panel may file a petition for
    review of such decision under section 816 of this title. The
    provisions of this section shall terminate upon completion of the
    Panel's functions as set forth under this chapter. Any hearing held
    pursuant to this subsection shall be of record and the Panel shall
    make findings of fact and shall issue a written decision
    incorporating its findings therein in accordance with section 554
    of title 5.
      (2) The Panel shall make an annual report, in writing, to the
    Secretary for transmittal by him to the Congress concerning the
    achievement of its purposes, and any other relevant information
    (including any recommendations) which it deems appropriate.

-SOURCE-
    (Pub. L. 91-173, Sec. 5, Dec. 30, 1969, 83 Stat. 744; Pub. L. 95-
    164, title I, Sec. 102(d), Nov. 9, 1977, 91 Stat. 1291; Pub. L. 95-
    251, Sec. 2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 96-88,
    title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-418,
    title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-
    285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a)(2). Pub. L. 100-418 substituted "National
    Institute of Standards and Technology" for "Bureau of Standards".
      1978 - Subsec. (e). Pub. L. 95-251 substituted "administrative
    law judges" for "hearing examiners" wherever appearing.
      1977 - Subsec. (c). Pub. L. 95-164 substituted "Secretary of the
    Interior" for "Secretary of Labor".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a)(4) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.
      "Department of Health and Human Services" substituted for
    "Department of Health, Education, and Welfare" in subsec. (a) and
    "Secretary of Health and Human Services" substituted for "Secretary
    of Health, Education, and Welfare" in subsec. (c) pursuant to
    section 509(b) of Pub. L. 96-88 which is classified to section
    3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (f)(2) of this section relating to transmitting annual report to
    Congress, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    page 114 of House Document No. 103-7.

-End-


-CITE-
    30 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-



-CITE-
    30 USC Sec. 811                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 811. Mandatory safety and health standards

-STATUTE-
    (a) Development, promulgation, and revision
      The Secretary shall by rule in accordance with procedures set
    forth in this section and in accordance with section 553 of title 5
    (without regard to any reference in such section to sections 556
    and 557 of such title), develop, promulgate, and revise as may be
    appropriate, improved mandatory health or safety standards for the
    protection of life and prevention of injuries in coal or other
    mines.
      (1) Whenever the Secretary, upon the basis of information
    submitted to him in writing by an interested person, a
    representative of any organization of employers or employees, a
    nationally recognized standards-producing organization, the
    Secretary of Health and Human Services, the National Institute for
    Occupational Safety and Health, or a State or political
    subdivision, or on the basis of information developed by the
    Secretary or otherwise available to him, determines that a rule
    should be promulgated in order to serve the objectives of this
    chapter, the Secretary may request the recommendation of an
    advisory committee appointed under section 812(c) of this title.
    The Secretary shall provide such an advisory committee with any
    proposals of his own or of the Secretary of Health and Human
    Services, together with all pertinent factual information developed
    by the Secretary or the Secretary of Health and Human Services, or
    otherwise available, including the results of research,
    demonstrations, and experiments. An advisory committee shall submit
    to the Secretary its recommendations regarding the rule to be
    promulgated within 60 days from the date of its appointment or
    within such longer or shorter period as may be prescribed by the
    Secretary, but in no event for a period which is longer than 180
    days. When the Secretary receives a recommendation, accompanied by
    appropriate criteria, from the National Institute for Occupational
    Safety and Health that a rule be promulgated, modified, or revoked,
    the Secretary must, within 60 days after receipt thereof, refer
    such recommendation to an advisory committee pursuant to this
    paragraph, or publish such as a proposed rule pursuant to paragraph
    (2), or publish in the Federal Register his determination not to do
    so, and his reasons therefor. The Secretary shall be required to
    request the recommendations of an advisory committee appointed
    under section 812(c) of this title if the rule to be promulgated
    is, in the discretion of the Secretary which shall be final, new in
    effect or application and has significant economic impact.
      (2) The Secretary shall publish a proposed rule promulgating,
    modifying, or revoking a mandatory health or safety standard in the
    Federal Register. If the Secretary determines that a rule should be
    proposed and in connection therewith has appointed an advisory
    committee as provided by paragraph (1), the Secretary shall publish
    a proposed rule, or the reasons for his determination not to
    publish such rule, within 60 days following the submission of the
    advisory committee's recommendation or the expiration of the period
    of time prescribed by the Secretary in such submission. In either
    event, the Secretary shall afford interested persons a period of 30
    days after any such publication to submit written data or comments
    on the proposed rule. Such comment period may be extended by the
    Secretary upon a finding of good cause, which the Secretary shall
    publish in the Federal Register. Publication shall include the text
    of such rules proposed in their entirety, a comparative text of the
    proposed changes in existing rules, and shall include a
    comprehensive index to the rules, cross-referenced by subject
    matter.
      (3) On or before the last day of the period provided for the
    submission of written data or comments under paragraph (2), any
    interested person may file with the Secretary written objections to
    the proposed mandatory health or safety standard, stating the
    grounds therefor and requesting a public hearing on such
    objections. Within 60 days after the last day for filing such
    objections, the Secretary shall publish in the Federal Register a
    notice specifying the mandatory health or safety standard to which
    objections have been filed and a hearing requested, and specifying
    a time and place for such hearing. Any hearing under this
    subsection for the purpose of hearing relevant information shall
    commence within 60 days after the date of publication of the notice
    of hearing. Hearings required by this subsection shall be conducted
    by the Secretary, who may prescribe rules and make rulings
    concerning procedures in such hearings to avoid unnecessary cost or
    delay. Subject to the need to avoid undue delay, the Secretary
    shall provide for procedures that will afford interested parties
    the right to participate in the hearing, including the right to
    present oral statements and to offer written comments and data. The
    Secretary may require by subpoena the attendance of witnesses and
    the production of evidence in connection with any proceeding
    initiated under this section. If a person refuses to obey a
    subpoena under this subsection, a United States district court
    within the jurisdiction of which a proceeding under this subsection
    is conducted may, upon petition by the Secretary, issue an order
    requiring compliance with such subpoena. A transcript shall be
    taken of any such hearing and shall be available to the public.
      (4)(A) Within 90 days after certification of the record of the
    hearing held pursuant to paragraph (3), the Secretary shall by rule
    promulgate, modify, or revoke such mandatory health or safety
    standards, and publish his reasons therefor.
      (B) In the case of a proposed mandatory health or safety standard
    to which objections requesting a public hearing have not been
    filed, the Secretary, within 90 days after the period for filing
    such objections has expired, shall by rule promulgate, modify, or
    revoke such mandatory standards, and publish his reasons therefor.
      (C) In the event the Secretary determines that a proposed
    mandatory health or safety standard should not be promulgated he
    shall, within the times specified in subparagraphs (A) and (B)
    publish his reasons for his determination.
      (5) Any mandatory health or safety standard promulgated as a
    final rule under this section shall be effective upon publication
    in the Federal Register unless the Secretary specifies a later
    date.
      (6)(A) The Secretary, in promulgating mandatory standards dealing
    with toxic materials or harmful physical agents under this
    subsection, shall set standards which most adequately assure on the
    basis of the best available evidence that no miner will suffer
    material impairment of health or functional capacity even if such
    miner has regular exposure to the hazards dealt with by such
    standard for the period of his working life. Development of
    mandatory standards under this subsection shall be based upon
    research, demonstrations, experiments, and such other information
    as may be appropriate. In addition to the attainment of the highest
    degree of health and safety protection for the miner, other
    considerations shall be the latest available scientific data in the
    field, the feasibility of the standards, and experience gained
    under this and other health and safety laws. Whenever practicable,
    the mandatory health or safety standard promulgated shall be
    expressed in terms of objective criteria and of the performance
    desired.
      (B) The Secretary of Health and Human Services, as soon as
    possible after November 9, 1977, but in no event later than 18
    months after such date and on a continuing basis thereafter, shall,
    for each toxic material or harmful physical agent which is used or
    found in a mine, determine whether such material or agent is
    potentially toxic at the concentrations in which it is used or
    found in a mine. The Secretary of Health and Human Services shall
    submit such determinations with respect to such toxic substances or
    harmful physical agents to the Secretary. Thereafter, the Secretary
    of Health and Human Services shall submit to the Secretary all
    pertinent criteria regarding any such substances determined to be
    toxic or any such harmful agents as such criteria are developed.
    Within 60 days after receiving any criteria in accordance with the
    preceding sentence relating to a toxic material or harmful physical
    agent which is not adequately covered by a mandatory health or
    safety standard promulgated under this section, the Secretary shall
    either appoint an advisory committee to make recommendations with
    respect to a mandatory health or safety standard covering such
    material or agent in accordance with paragraph (1), or publish a
    proposed rule promulgating such a mandatory health or safety
    standard in accordance with paragraph (2), or shall publish his
    determination not to do so.
      (7) Any mandatory health or safety standard promulgated under
    this subsection shall prescribe the use of labels or other
    appropriate forms of warning as are necessary to insure that miners
    are apprised of all hazards to which they are exposed, relevant
    symptoms and appropriate emergency treatment, and proper conditions
    and precautions of safe use or exposure. Where appropriate, such
    mandatory standard shall also prescribe suitable protective
    equipment and control or technological procedures to be used in
    connection with such hazards and shall provide for monitoring or
    measuring miner exposure at such locations and intervals, and in
    such manner so as to assure the maximum protection of miners. In
    addition, where appropriate, any such mandatory standard shall
    prescribe the type and frequency of medical examinations or other
    tests which shall be made available, by the operator at his cost,
    to miners exposed to such hazards in order to most effectively
    determine whether the health of such miners is adversely affected
    by such exposure. Where appropriate, the mandatory standard shall
    provide that where a determination is made that a miner may suffer
    material impairment of health or functional capacity by reason of
    exposure to the hazard covered by such mandatory standard, that
    miner shall be removed from such exposure and reassigned. Any miner
    transferred as a result of such exposure shall continue to receive
    compensation for such work at no less than the regular rate of pay
    for miners in the classification such miner held immediately prior
    to his transfer. In the event of the transfer of a miner pursuant
    to the preceding sentence, increases in wages of the transferred
    miner shall be based upon the new work classification. In the event
    such medical examinations are in the nature of research, as
    determined by the Secretary of Health and Human Services, such
    examinations may be furnished at the expense of the Secretary of
    Health and Human Services. The results of examinations or tests
    made pursuant to the preceding sentence shall be furnished only to
    the Secretary or the Secretary of Health and Human Services, and,
    at the request of the miner, to his designated physician.
      (8) The Secretary shall, to the extent practicable, promulgate
    separate mandatory health or safety standards applicable to mine
    construction activity on the surface.
      (9) No mandatory health or safety standard promulgated under this
    subchapter shall reduce the protection afforded miners by an
    existing mandatory health or safety standard.
    (b) Emergency temporary mandatory standards
      (1) The Secretary shall provide, without regard to the
    requirements of chapter 5 of title 5 for an emergency temporary
    mandatory health or safety standard to take immediate effect upon
    publication in the Federal Register if he determines (A) that
    miners are exposed to grave danger from exposure to substances or
    agents determined to be toxic or physically harmful, or to other
    hazards, and (B) that such emergency standard is necessary to
    protect miners from such danger.
      (2) A temporary mandatory health or safety standard shall be
    effective until superseded by a mandatory standard promulgated in
    accordance with the procedures prescribed in paragraph (3) of this
    subsection.
      (3) Upon publication of such standard in the Federal Register,
    the Secretary shall commence a proceeding in accordance with
    subsection (a) of this section, and the standards as published
    shall also serve as a proposed rule for the proceeding. The
    Secretary shall promulgate a mandatory health or safety standard
    under this paragraph no later than nine months after publication of
    the emergency temporary standard as provided in paragraph (2).
    (c) Modification of standards
      Upon petition by the operator or the representative of miners,
    the Secretary may modify the application of any mandatory safety
    standard to a coal or other mine if the Secretary determines that
    an alternative method of achieving the result of such standard
    exists which will at all times guarantee no less than the same
    measure of protection afforded the miners of such mine by such
    standard, or that the application of such standard to such mine
    will result in a diminution of safety to the miners in such mine.
    Upon receipt of such petition the Secretary shall publish notice
    thereof and give notice to the operator or the representative of
    miners in the affected mine, as appropriate, and shall cause such
    investigation to be made as he deems appropriate. Such
    investigation shall provide an opportunity for a public hearing at
    the request of such operator or representative or other interested
    party, to enable the operator or the representative of miners in
    such mine or other interested party to present information relating
    to the modification of such standard. Before granting any exception
    to a mandatory safety standard, the findings of the Secretary or
    his authorized representative shall be made public and shall be
    available to the representative of the miners at the affected mine.
    The Secretary shall issue a decision incorporating his findings of
    fact therein, and send a copy thereof to the operator or the
    representative of the miners, as appropriate. Any such hearing
    shall be of record and shall be subject to section 554 of title 5.
    (d) Judicial review
      Any person who may be adversely affected by a mandatory health or
    safety standard promulgated under this section may, at any time
    prior to the sixtieth day after such standard is promulgated, file
    a petition challenging the validity of such mandatory standard with
    the United States Court of Appeals for the District of Columbia
    Circuit or the circuit wherein such person resides or has his
    principal place of business, for a judicial review of such
    standard. A copy of the petition shall be forthwith transmitted by
    the clerk of the court to the Secretary. The filing of such
    petition shall not, unless otherwise ordered by the court, operate
    as a stay of the standard. No objection that has not been urged
    before the Secretary shall be considered by the court, unless the
    failure or neglect to urge such objection shall be excused for good
    cause shown. The validity of any mandatory health or safety
    standard shall not be subject to challenge on the grounds that any
    of the time limitations in this section have been exceeded. The
    procedures of this subsection shall be the exclusive means of
    challenging the validity of a mandatory health or safety standard.
    (e) Distribution of copies of proposed standards or regulations
      The Secretary shall send a copy of every proposed mandatory
    health or safety standard or regulation at the time of publication
    in the Federal Register to the operator of each coal or other mine
    and the representative of the miners at such mine and such copy
    shall be immediately posted on the bulletin board of the mine by
    the operator or his agent, but failure to receive such notice shall
    not relieve anyone of the obligation to comply with such standard
    or regulation.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 101, Dec. 30, 1969, 83 Stat. 745;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1291;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164 substituted provisions
    revising and setting out in detail the procedures to be followed by
    the Secretary of Labor in developing, promulgating, and revising
    mandatory health and safety standards covering coal and other mines
    for provisions which had charged the Secretary of the Interior with
    the responsibility of developing standards for the protection of
    life and the prevention of injuries in coal mines.
      Subsec. (b). Pub. L. 95-164 substituted provisions relating to
    emergency temporary mandatory standards for provisions requiring
    that improved standards not reduce the previously existing level of
    health and safety in coal mines.
      Subsec. (c). Pub. L. 95-164 substituted provisions relating to
    the modification of standards for provisions covering the
    consultative and research steps in the promulgation of safety
    standards.
      Subsec. (d). Pub. L. 95-164 substituted provisions relating to
    judicial review of standards for provisions covering the
    consultative and research steps in the promulgation of health
    standards.
      Subsec. (e). Pub. L. 95-164 redesignated subsec. (k) as (e) and
    substituted "proposed mandatory health or safety standard or
    regulation" for "proposed standard or regulation" and "coal or
    other mine" for "coal mine".
      Subsecs. (f) to (j). Pub. L. 95-164 struck out subsecs. (f) to
    (j) which had related to the submission of objections to proposed
    standards, hearings, the effective date of standards, mandatory
    standards for surface coal mines, and the publication of pre-
    existing consistent regulations in the Federal Register and the
    continuing effectiveness of those regulations until modified or
    superseded, and incorporated those provisions, as altered to apply
    to coal and other mines and as otherwise revised, into subsec. (a).
      Subsec. (k). Pub. L. 95-164 redesignated subsec. (k) as (e).

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (a)(1),
    (6)(B), and (7) pursuant to section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                              EFFECTIVE DATE                          
      Subchapter operative 90 days after Dec. 30, 1969, except to the
    extent an earlier date is specifically provided for in Pub. L. 91-
    173, see section 509 of Pub. L. 91-173, set out as a note under
    section 801 of this title.

                        SEALING OF ABANDONED AREAS                    
      Pub. L. 109-236, Sec. 10, June 15, 2006, 120 Stat. 501, provided
    that:"Not later than 18 months after the issuance by the Mine
    Safety and Health Administration of a final report on the Sago Mine
    accident or the date of enactment of the Mine Improvement and New
    Emergency Response Act of 2006 [June 15, 2006], whichever occurs
    earlier, the Secretary of Labor shall finalize mandatory heath and
    safety standards relating to the sealing of abandoned areas in
    underground coal mines. Such health and safety standards shall
    provide for an increase in the 20 psi standard currently set forth
    in section 75.335(a)(2) of title 30, Code of Federal Regulations."

-End-



-CITE-
    30 USC Sec. 812                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 812. Advisory committees

-STATUTE-
    (a) Committee on coal or other mine safety research; establishment;
      membership; chairman; functions; conflicts of interest
      (1) The Secretary of the Interior shall appoint an advisory
    committee on coal or other mine safety research composed of - 
        (A) the Director of the Office of Science and Technology or his
      delegate, with the consent of the Director;
        (B) the Director of the National Institute of Standards and
      Technology, Department of Commerce, or his delegate, with the
      consent of the Director;
        (C) the Director of the National Science Foundation, or his
      delegate, with the consent of the Director; and
        (D) such other persons as the Secretary of the Interior may
      appoint who are knowledgeable in the field of coal or other mine
      safety research.

    The Secretary of the Interior shall designate the chairman of the
    committee.
      (2) The advisory committee shall consult with, and make
    recommendations to, the Secretary of the Interior on matters
    involving or relating to coal or other mine safety research. The
    Secretary of the Interior shall consult with, and consider the
    recommendations of, such committee in the conduct of such research,
    the making of any grants, and the entering into of contracts for
    such research.
      (3) The chairman of the committee and a majority of the persons
    appointed by the Secretary of the Interior pursuant to paragraph
    (1)(D) shall be individuals who have no economic interests in the
    coal or other mining industry, and who are not operators, miners,
    or officers or employees of the Federal Government or any State or
    local government.
    (b) Committee on coal or other mine health research; establishment;
      membership; chairman; functions; conflicts of interest
      (1) The Secretary of Health and Human Services shall appoint an
    advisory committee on coal or other mine health research composed
    of - 
        (A) the Director, United States Bureau of Mines, or his
      delegate, with the consent of the Director;
        (B) the Director of the National Science Foundation, or his
      delegate, with the consent of the Director;
        (C) the Director of the National Institutes of Health, or his
      delegate, with the consent of the Director; and
        (D) such other persons as the Secretary of Health and Human
      Services may appoint who are knowledgeable in the field of coal
      or other mine health research.

    The Secretary of Health and Human Services shall designate the
    chairman of the committee.
      (2) The advisory committee shall consult with, and make
    recommendations to, the Secretary of Health and Human Services on
    matters involving or relating to coal or other mine health
    research. The Secretary of Health and Human Services shall consult
    with, and consider the recommendations of, such committee in the
    conduct of such research, the making of any grants, and the
    entering into of contracts for such research.
      (3) The chairman of the committee and a majority of the persons
    appointed by the Secretary of Health and Human Services pursuant to
    paragraph (1)(D) shall be individuals who have no economic
    interests in the coal or other mining industry, and who are not
    operators, miners, or officers or employees of the Federal
    Government or any State or local government.
    (c) Additional advisory committees; chairman; conflicts of interest
      The Secretary or the Secretary of Health and Human Services may
    appoint other advisory committees as he deems appropriate to advise
    him in carrying out the provisions of this chapter. The Secretary
    or the Secretary of Health and Human Services, as the case may be,
    shall appoint the chairman of each such committee. A majority of
    the members (including the chairman) of any such advisory committee
    appointed pursuant to this subsection shall be composed of
    individuals who have no economic interests in the coal or other
    mining industry, and who are not operators, miners, or officers or
    employees of the Federal Government or any State or local
    government.
    (d) Compensation; travel and subsistence expenses
      Advisory committee members, other than officers or employees of
    Federal, State, or local governments, shall be, for each day
    (including traveltime) during which they are performing committee
    business, entitled to receive compensation at a rate fixed by the
    appropriate Secretary but not in excess of the maximum rate of pay
    for grade GS-18 as provided in the General Schedule under section
    5332 of title 5, and shall, notwithstanding the limitations of
    sections 5703 and 5704 of title 5, be fully reimbursed for travel,
    subsistence, and related expenses.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 102, Dec. 30, 1969, 83 Stat. 747;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1295;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat.
    1433; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a)(1)(B). Pub. L. 100-418 substituted "National
    Institute of Standards and Technology" for "National Bureau of
    Standards".
      1977 - Subsec. (a). Pub. L. 95-164 expanded the area of coverage
    for the committee on mine safety research from "coal mines" to
    "coal or other mines".
      Subsec. (b). Pub. L. 95-164 expanded the area of coverage for the
    advisory committee on mine health research from "coal mines" to
    "coal or other mines".
      Subsec. (c). Pub. L. 95-164 struck out ", who shall be an
    individual who has no economic interest in the coal mining
    industry, and who is not an operator, miner, or an officer or
    employee of the Federal Government or any State or local
    government" after "chairman of each such committee" and inserted
    "(including the chairman)" after "A majority of the members".
      Subsec. (d). Pub. L. 95-164 reenacted subsec. (d) without change.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (b)(1)(A) pursuant to section 10(b) of Pub. L. 102-285,
    set out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (b) and
    (c) pursuant to section 509(b) of Pub. L. 96-88 which is classified
    to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law in Office of Science and Technology and
    in Director or Deputy Director of Office of Science and Technology
    transferred to Director of National Science Foundation, and Office
    of Science and Technology, including offices of Director and Deputy
    Director, provided for by sections 1 and 2 of Reorg. Plan No. 2, of
    1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, abolished by
    sections 2 and 3(a)(5) of Reorg. Plan No. 1 of 1973, eff. July 1,
    1973, 38 F.R. 9579, 87 Stat. 1089, both set out in the Appendix to
    Title 5, Government Organization and Employees.


-MISC3-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-



-CITE-
    30 USC Sec. 813                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 813. Inspections, investigations, and recordkeeping

-STATUTE-
    (a) Purposes; advance notice; frequency; guidelines; right of
      access
      Authorized representatives of the Secretary or the Secretary of
    Health and Human Services shall make frequent inspections and
    investigations in coal or other mines each year for the purpose of
    (1) obtaining, utilizing, and disseminating information relating to
    health and safety conditions, the causes of accidents, and the
    causes of diseases and physical impairments originating in such
    mines, (2) gathering information with respect to mandatory health
    or safety standards, (3) determining whether an imminent danger
    exists, and (4) determining whether there is compliance with the
    mandatory health or safety standards or with any citation, order,
    or decision issued under this subchapter or other requirements of
    this chapter. In carrying out the requirements of this subsection,
    no advance notice of an inspection shall be provided to any person,
    except that in carrying out the requirements of clauses (1) and (2)
    of this subsection, the Secretary of Health and Human Services may
    give advance notice of inspections. In carrying out the
    requirements of clauses (3) and (4) of this subsection, the
    Secretary shall make inspections of each underground coal or other
    mine in its entirety at least four times a year, and of each
    surface coal or other mine in its entirety at least two times a
    year. The Secretary shall develop guidelines for additional
    inspections of mines based on criteria including, but not limited
    to, the hazards found in mines subject to this chapter, and his
    experience under this chapter and other health and safety laws. For
    the purpose of making any inspection or investigation under this
    chapter, the Secretary, or the Secretary of Health and Human
    Services, with respect to fulfilling his responsibilities under
    this chapter, or any authorized representative of the Secretary or
    the Secretary of Health and Human Services, shall have a right of
    entry to, upon, or through any coal or other mine.
    (b) Notice and hearing; subpoenas; witnesses; contempt
      For the purpose of making any investigation of any accident or
    other occurrence relating to health or safety in a coal or other
    mine, the Secretary may, after notice, hold public hearings, and
    may sign and issue subpoenas for the attendance and testimony of
    witnesses and the production of relevant papers, books, and
    documents, and administer oaths. Witnesses summoned shall be paid
    the same fees and mileage that are paid witnesses in the courts of
    the United States. In case of contumacy or refusal to obey a
    subpoena served upon any person under this section, the district
    court of the United States for any district in which such person is
    found or resides or transacts business, upon application by the
    United States and after notice to such person, shall have
    jurisdiction to issue an order requiring such person to appear and
    give testimony before the Secretary or to appear and produce
    documents before the Secretary, or both, and any failure to obey
    such order of the court may be punished by such court as a contempt
    thereof.
    (c) Records of employee exposure to toxic materials or harmful
      physical agents; undue exposure
      The Secretary, in cooperation with the Secretary of Health and
    Human Services, shall issue regulations requiring operators to
    maintain accurate records of employee exposures to potentially
    toxic materials or harmful physical agents which are required to be
    monitored or measured under any applicable mandatory health or
    safety standard promulgated under this chapter. Such regulations
    shall provide miners or their representatives with an opportunity
    to observe such monitoring or measuring, and to have access to the
    records thereof. Such regulations shall also make appropriate
    provisions for each miner or former miner to have access to such
    records as will indicate his own exposure to toxic materials or
    harmful physical agents. Each operator shall promptly notify any
    miner who has been or is being exposed to toxic materials or
    harmful physical agents in concentrations or at levels which exceed
    those prescribed by an applicable mandatory health or safety
    standard promulgated under section 811 of this title, or mandated
    under subchapter II of this chapter, and shall inform any miner who
    is being thus exposed of the corrective action being taken.
    (d) Accident investigations; records
      All accidents, including unintentional roof falls (except in any
    abandoned panels or in areas which are inaccessible or unsafe for
    inspections), shall be investigated by the operator or his agent to
    determine the cause and the means of preventing a recurrence.
    Records of such accidents and investigations shall be kept and the
    information shall be made available to the Secretary or his
    authorized representative and the appropriate State agency. Such
    records shall be open for inspection by interested persons. Such
    records shall include man-hours worked and shall be reported at a
    frequency determined by the Secretary, but at least annually.
    (e) Collecting information without unreasonable burden on operators
      Any information obtained by the Secretary or by the Secretary of
    Health and Human Services under this chapter shall be obtained in
    such a manner as not to impose an unreasonable burden upon
    operators, especially those operating small businesses, consistent
    with the underlying purposes of this chapter. Unnecessary
    duplication of effort in obtaining information shall be reduced to
    the maximum extent feasible.
    (f) Participation of representatives of operators and miners in
      inspections
      Subject to regulations issued by the Secretary, a representative
    of the operator and a representative authorized by his miners shall
    be given an opportunity to accompany the Secretary or his
    authorized representative during the physical inspection of any
    coal or other mine made pursuant to the provisions of subsection
    (a) of this section, for the purpose of aiding such inspection and
    to participate in pre- or post-inspection conferences held at the
    mine. Where there is no authorized miner representative, the
    Secretary or his authorized representative shall consult with a
    reasonable number of miners concerning matters of health and safety
    in such mine. Such representative of miners who is also an employee
    of the operator shall suffer no loss of pay during the period of
    his participation in the inspection made under this subsection. To
    the extent that the Secretary or authorized representative of the
    Secretary determines that more than one representative from each
    party would further aid the inspection, he can permit each party to
    have an equal number of such additional representatives. However,
    only one such representative of miners who is an employee of the
    operator shall be entitled to suffer no loss of pay during the
    period of such participation under the provisions of this
    subsection. Compliance with this subsection shall not be a
    jurisdictional prerequisite to the enforcement of any provision of
    this chapter.
    (g) Immediate inspection; notice of violation or danger;
      determination
      (1) Whenever a repersentative (!1) of the miners or a miner in
    the case of a coal or other mine where there is no such
    representative has reasonable grounds to believe that a violation
    of this chapter or a mandatory health or safety standard exists, or
    an imminent danger exists, such miner or representative shall have
    a right to obtain an immediate inspection by giving notice to the
    Secretary or his authorized representative of such violation or
    danger. Any such notice shall be reduced to writing, signed by the
    representative of the miners or by the miner, and a copy shall be
    provided the operator or his agent no later than at the time of
    inspection, except that the operator or his agent shall be notified
    forthwith if the complaint indicates that an imminent danger
    exists. The name of the person giving such notice and the names of
    individual miners referred to therein shall not appear in such copy
    or notification. Upon receipt of such notification, a special
    inspection shall be made as soon as possible to determine if such
    violation or danger exists in accordance with the provisions of
    this subchapter. If the Secretary determines that a violation or
    danger does not exist, he shall notify the miner or representative
    of the miners in writing of such determination.

      (2) Prior to or during any inspection of a coal or other mine,
    any representative of miners or a miner in the case of a coal or
    other mine where there is no such representative, may notify the
    Secretary or any representative of the Secretary responsible for
    conducting the inspection, in writing, of any violation of this
    chapter or of any imminent danger which he has reason to believe
    exists in such mine. The Secretary shall, by regulation, establish
    procedures for informal review of any refusal by a representative
    of the Secretary to issue a citation with respect to any such
    alleged violation or order with respect to such danger and shall
    furnish the representative of miners or miner requesting such
    review a written statement of the reasons for the Secretary's final
    disposition of the case.
    (h) Records and reports; compilation and publication; availability
      In addition to such records as are specifically required by this
    chapter, every operator of a coal or other mine shall establish and
    maintain such records, make such reports, and provide such
    information, as the Secretary or the Secretary of Health and Human
    Services may reasonably require from time to time to enable him to
    perform his functions under this chapter. The Secretary or the
    Secretary of Health and Human Services is authorized to compile,
    analyze, and publish, either in summary or detailed form, such
    reports or information so obtained. Except to the extent otherwise
    specifically provided by this chapter, all records, information,
    reports, findings, citations, notices, orders, or decisions
    required or issued pursuant to or under this chapter may be
    published from time to time, may be released to any interested
    person, and shall be made available for public inspection.
    (i) Spot inspections
      Whenever the Secretary finds that a coal or other mine liberates
    excessive quantities of methane or other explosive gases during its
    operations, or that a methane or other gas ignition or explosion
    has occurred in such mine which resulted in death or serious injury
    at any time during the previous five years, or that there exists in
    such mine some other especially hazardous condition, he shall
    provide a minimum of one spot inspection by his authorized
    representative of all or part of such mine during every five
    working days at irregular intervals. For purposes of this
    subsection, "liberation of excessive quantities of methane or other
    explosive gases" shall mean liberation of more than one million
    cubic feet of methane or other explosive gases during a 24-hour
    period. When the Secretary finds that a coal or other mine
    liberates more than five hundred thousand cubic feet of methane or
    other explosive gases during a 24-hour period, he shall provide a
    minimum of one spot inspection by his authorized representative of
    all or part of such mine every 10 working days at irregular
    intervals. When the Secretary finds that a coal or other mine
    liberates more than two hundred thousand cubic feet of methane or
    other explosive gases during a 24-hour period, he shall provide a
    minimum of one spot inspection by his authorized representative of
    all or part of such mine every 15 working days at irregular
    intervals.
    (j) Accident notification; rescue and recovery activities
      In the event of any accident occurring in any coal or other mine,
    the operator shall notify the Secretary thereof and shall take
    appropriate measures to prevent the destruction of any evidence
    which would assist in investigating the cause or causes thereof.
    For purposes of the preceding sentence, the notification required
    shall be provided by the operator within 15 minutes of the time at
    which the operator realizes that the death of an individual at the
    mine, or an injury or entrapment of an individual at the mine which
    has a reasonable potential to cause death, has occurred. In the
    event of any accident occurring in a coal or other mine, where
    rescue and recovery work is necessary, the Secretary or an
    authorized representative of the Secretary shall take whatever
    action he deems appropriate to protect the life of any person, and
    he may, if he deems it appropriate, supervise and direct the rescue
    and recovery activities in such mine.
    (k) Safety orders; recovery plans
      In the event of any accident occurring in a coal or other mine,
    an authorized representative of the Secretary, when present, may
    issue such orders as he deems appropriate to insure the safety of
    any person in the coal or other mine, and the operator of such mine
    shall obtain the approval of such representative, in consultation
    with appropriate State representatives, when feasible, of any plan
    to recover any person in such mine or to recover the coal or other
    mine or return affected areas of such mine to normal.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 103, Dec. 30, 1969, 83 Stat. 749;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1297;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 109-236, Sec. 5(a), June 15, 2006, 120 Stat. 498.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (j). Pub. L. 109-236 inserted second sentence.
      1977 - Subsec. (a). Pub. L. 95-164 inserted provisions
    authorizing representatives of the Secretary of Health, Education,
    and Welfare to make inspections, expanded the area of inspection
    and investigation to include mines other than coal mines, inserted
    provisions requiring the inspection of surface mines at least two
    times a year, inserted provisions requiring the development of
    guidelines for additional inspections of mines, and inserted
    provisions, formerly contained in subsec. (b), authorizing the
    entry to, upon, or through, any coal or other mine for the purpose
    of making inspection or investigation.
      Subsec. (b). Pub. L. 95-164 redesignated subsec. (d) as (b) and
    substituted "coal or other mine" for "coal mine". Provisions of
    former subsec. (b) were incorporated into subsec. (a).
      Subsecs. (c) to (e). Pub. L. 95-164 added subsecs. (c) to (e),
    struck out former subsec. (c) which provided for the utilization of
    facilities and personnel of other Federal agencies, and
    redesignated former subsecs. (d) and (e) as (b) and (j),
    respectively.
      Subsec. (f). Pub. L. 95-164 redesignated subsec. (h) as (f),
    inserted provision for a representative of the operator to
    accompany the Secretary or his representative in the physical
    inspection of a mine, extended the provisions to cover mines other
    than coal mines, and inserted provisions relating to the choice of
    the authorized representative of the miners, the representative's
    duties, and the choice of more than one representative. Former
    subsec. (f) redesignated (k).
      Subsec. (g). Pub. L. 95-164 designated existing provisions as
    par. (1), inserted provisions to par. (1) as so designated which
    extended the right to an immediate inspection to individual miners
    when there is no representative of the miners, provided for
    immediate notification to the mine operator or his agent if the
    complaint indicates that the danger is imminent, kept the name of
    the person giving the notice and the names of the individual miners
    off the copy or notification, and required the Secretary to notify
    the miners or their representatives if he determines that a
    violation or danger does not exist, and added par. (2).
      Subsec. (h). Pub. L. 95-164 added subsec. (h). The provisions of
    former subsec. (h), relating to the right of the miners'
    representative to accompany the authorized representative of the
    Secretary on the inspection, were incorporated into subsec. (f).
      Subsec. (i). Pub. L. 95-164 inserted definition of "liberation of
    excessive quantities of methane or other explosive gases" and
    inserted provisions for a reduced schedule of one spot inspections
    in mines with liberation rates for methane or other explosive gases
    lower than that required to qualify as "excessive".
      Subsecs. (j), (k). Pub. L. 95-164 redesignated former subsecs.
    (e) and (f) as (j) and (k), respectively.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (a), (c),
    (e), and (h) pursuant to section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "representative".


-End-



-CITE-
    30 USC Sec. 814                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 814. Citations and orders

-STATUTE-
    (a) Issuance and form of citations; prompt issuance
      If, upon inspection or investigation, the Secretary or his
    authorized representative believes that an operator of a coal or
    other mine subject to this chapter has violated this chapter, or
    any mandatory health or safety standard, rule, order, or regulation
    promulgated pursuant to this chapter, he shall, with reasonable
    promptness, issue a citation to the operator. Each citation shall
    be in writing and shall describe with particularity the nature of
    the violation, including a reference to the provision of the
    chapter, standard, rule, regulation, or order alleged to have been
    violated. In addition, the citation shall fix a reasonable time for
    the abatement of the violation. The requirement for the issuance of
    a citation with reasonable promptness shall not be a jurisdictional
    prerequisite to the enforcement of any provision of this chapter.
    (b) Follow-up inspections; findings
      If, upon any follow-up inspection of a coal or other mine, an
    authorized representative of the Secretary finds (1) that a
    violation described in a citation issued pursuant to subsection (a)
    of this section has not been totally abated within the period of
    time as originally fixed therein or as subsequently extended, and
    (2) that the period of time for the abatement should not be further
    extended, he shall determine the extent of the area affected by the
    violation and shall promptly issue an order requiring the operator
    of such mine or his agent to immediately cause all persons, except
    those persons referred to in subsection (c) of this section, to be
    withdrawn from, and to be prohibited from entering, such area until
    an authorized representative of the Secretary determines that such
    violation has been abated.
    (c) Exempt persons
      The following persons shall not be required to be withdrawn from,
    or prohibited from entering, any area of the coal or other mine
    subject to an order issued under this section:
        (1) any person whose presence in such area is necessary, in the
      judgment of the operator or an authorized representative of the
      Secretary, to eliminate the condition described in the order;
        (2) any public official whose official duties require him to
      enter such area;
        (3) any representative of the miners in such mine who is, in
      the judgment of the operator or an authorized representative of
      the Secretary, qualified to make such mine examinations or who is
      accompanied by such a person and whose presence in such area is
      necessary for the investigation of the conditions described in
      the order; and
        (4) any consultant to any of the foregoing.
    (d) Findings of violations; withdrawal order
      (1) If, upon any inspection of a coal or other mine, an
    authorized representative of the Secretary finds that there has
    been a violation of any mandatory health or safety standard, and if
    he also finds that, while the conditions created by such violation
    do not cause imminent danger, such violation is of such nature as
    could significantly and substantially contribute to the cause and
    effect of a coal or other mine safety or health hazard, and if he
    finds such violation to be caused by an unwarrantable failure of
    such operator to comply with such mandatory health or safety
    standards, he shall include such finding in any citation given to
    the operator under this chapter. If, during the same inspection or
    any subsequent inspection of such mine within 90 days after the
    issuance of such citation, an authorized representative of the
    Secretary finds another violation of any mandatory health or safety
    standard and finds such violation to be also caused by an
    unwarrantable failure of such operator to so comply, he shall
    forthwith issue an order requiring the operator to cause all
    persons in the area affected by such violation, except those
    persons referred to in subsection (c) of this section to be
    withdrawn from, and to be prohibited from entering, such area until
    an authorized representative of the Secretary determines that such
    violation has been abated.
      (2) If a withdrawal order with respect to any area in a coal or
    other mine has been issued pursuant to paragraph (1), a withdrawal
    order shall promptly be issued by an authorized representative of
    the Secretary who finds upon any subsequent inspection the
    existence in such mine of violations similar to those that resulted
    in the issuance of the withdrawal order under paragraph (1) until
    such time as an inspection of such mine discloses no similar
    violations. Following an inspection of such mine which discloses no
    similar violations, the provisions of paragraph (1) shall again be
    applicable to that mine.
    (e) Pattern of violations; abatement; termination of pattern
      (1) If an operator has a pattern of violations of mandatory
    health or safety standards in the coal or other mine which are of
    such nature as could have significantly and substantially
    contributed to the cause and effect of coal or other mine health or
    safety hazards, he shall be given written notice that such pattern
    exists. If, upon any inspection within 90 days after the issuance
    of such notice, an authorized representative of the Secretary finds
    any violation of a mandatory health or safety standard which could
    significantly and substantially contribute to the cause and effect
    of a coal or other mine safety or health hazard, the authorized
    representative shall issue an order requiring the operator to cause
    all persons in the area affected by such violation, except those
    persons referred to in subsection (c) of this section, to be
    withdrawn from, and to be prohibited from entering, such area until
    an authorized representative of the Secretary determines that such
    violation has been abated.
      (2) If a withdrawal order with respect to any area in a coal or
    other mine has been issued pursuant to paragraph (1), a withdrawal
    order shall be issued by an authorized representative of the
    Secretary who finds upon any subsequent inspection the existence in
    such mine of any violation of a mandatory health or safety standard
    which could significantly and substantially contribute to the cause
    and effect of a coal or other mine health or safety hazard. The
    withdrawal order shall remain in effect until an authorized
    representative of the Secretary determines that such violation has
    been abated.
      (3) If, upon an inspection of the entire coal or other mine, an
    authorized representative of the Secretary finds no violations of
    mandatory health or safety standards that could significantly and
    substantially contribute to the cause and effect of a coal or other
    mine health and safety hazard, the pattern of violations that
    resulted in the issuance of a notice under paragraph (1) shall be
    deemed to be terminated and the provisions of paragraphs (1) and
    (2) shall no longer apply. However, if as a result of subsequent
    violations, the operator reestablishes a pattern of violations,
    paragraphs (1) and (2) shall again be applicable to such operator.
      (4) The Secretary shall make such rules as he deems necessary to
    establish criteria for determining when a pattern of violations of
    mandatory health or safety standards exists.
    (f) Respirable dust concentrations; dust control person or team
      If, based upon samples taken, analyzed, and recorded pursuant to
    section 842(a) of this title, or samples taken during an inspection
    by an authorized representative of the Secretary, the applicable
    limit on the concentration of respirable dust required to be
    maintained under this chapter is exceeded and thereby violated, the
    Secretary or his authorized representative shall issue a citation
    fixing a reasonable time for the abatement of the violation. During
    such time, the operator of the mine shall cause samples described
    in section 842(a) of this title to be taken of the affected area
    during each production shift. If, upon the expiration of the period
    of time as originally fixed or subsequently extended, the Secretary
    or his authorized representative finds that the period of time
    should not be further extended, he shall determine the extent of
    the area affected by the violation and shall promptly issue an
    order requiring the operator of such mine or his agent to cause
    immediately all persons, except those referred to in subsection (c)
    of this section, to be withdrawn from, and to be prohibited from
    entering, such area until the Secretary or his authorized
    representative has reason to believe, based on actions taken by the
    operator, that such limit will be complied with upon the resumption
    of production in such mine. As soon as possible after an order is
    issued, the Secretary, upon request of the operator, shall dispatch
    to the mine involved a person, or team of persons, to the extent
    such persons are available, who are knowledgeable in the methods
    and means of controlling and reducing respirable dust. Such person
    or team of persons shall remain at the mine involved for such time
    as they shall deem appropriate to assist the operator in reducing
    respirable dust concentrations. While at the mine, such persons may
    require the operator to take such actions as they deem appropriate
    to insure the health of any person in the coal or other mine.
    (g) Untrained miners
      (1) If, upon any inspection or investigation pursuant to section
    813 of this title, the Secretary or an authorized representative
    shall find employed at a coal or other mine a miner who has not
    received the requisite safety training as determined under section
    825 of this title, the Secretary or an authorized representative
    shall issue an order under this section which declares such miner
    to be a hazard to himself and to others, and requiring that such
    miner be immediately withdrawn from the coal or other mine, and be
    prohibited from entering such mine until an authorized
    representative of the Secretary determines that such miner has
    received the training required by section 825 of this title.
      (2) No miner who is ordered withdrawn from a coal or other mine
    under paragraph (1) shall be discharged or otherwise discriminated
    against because of such order; and no miner who is ordered
    withdrawn from a coal or other mine under paragraph (1) shall
    suffer a loss of compensation during the period necessary for such
    miner to receive such training and for an authorized representative
    of the Secretary to determine that such miner has received the
    requisite training.
    (h) Duration of citations and orders
      Any citation or order issued under this section shall remain in
    effect until modified, terminated or vacated by the Secretary or
    his authorized representative, or modified, terminated or vacated
    by the Commission or the courts pursuant to section 815 or 816 of
    this title.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 104, Dec. 30, 1969, 83 Stat. 750;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1300.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164 substituted provisions
    directing the Secretary to issue a citation to the operator based
    upon the belief of the Secretary or his authorized representative,
    after inspection or investigation, that there has been a violation
    of this chapter or any mandatory health or safety standard, rule,
    order, or regulation for provisions that had related to the
    issuance of a withdrawal order upon a finding that an imminent
    danger existed.
      Subsec. (b). Pub. L. 95-164 substituted provisions setting out
    the steps to be taken if, upon any follow-up inspection of a coal
    or other mine, the authorized representative of the Secretary finds
    that a citation violation has not been abated and that the time for
    abatement should not be extended for provisions that had set out
    the steps to be taken in the case of a violation that did not
    create an imminent danger.
      Subsec. (c). Pub. L. 95-164 redesignated subsec. (d) as (c).
    Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 95-164 redesignated subsec. (c) as (d) and
    substituted reference to "citation" for reference to "notice".
    Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 95-164 substituted provisions relating to
    the steps to be taken if an operator has a pattern of violations of
    mandatory health or safety standards for provisions setting out the
    requisites of notices and orders issued pursuant to this section.
      Subsec. (f). Pub. L. 95-164 redesignated subsec. (i) as (f).
    Former subsec. (f), relating to the delivery of notices and orders
    issued under this section, was incorporated into subsec. (a).
      Subsec. (g). Pub. L. 95-164 added subsec. (g). Former subsec.
    (g), relating to the modification and termination of notice, was
    incorporated into subsec. (h).
      Subsec. (h). Pub. L. 95-164 added subsec. (h). Provisions of
    former subsec. (h), which related to steps to be taken when a
    condition existed which could not be abated through the use of
    existing technology, were covered in the general revision of
    subsecs. (d) and (e).
      Subsec. (i). Pub. L. 95-164 redesignated subsec. (i) as (f).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 815                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 815. Procedure for enforcement

-STATUTE-
    (a) Notification of civil penalty; contest
      If, after an inspection or investigation, the Secretary issues a
    citation or order under section 814 of this title, he shall, within
    a reasonable time after the termination of such inspection or
    investigation, notify the operator by certified mail of the civil
    penalty proposed to be assessed under section 820(a) of this title
    for the violation cited and that the operator has 30 days within
    which to notify the Secretary that he wishes to contest the
    citation or proposed assessment of penalty. A copy of such
    notification shall be sent by mail to the representative of miners
    in such mine. If, within 30 days from the receipt of the
    notification issued by the Secretary, the operator fails to notify
    the Secretary that he intends to contest the citation or the
    proposed assessment of penalty, and no notice is filed by any miner
    or representative of miners under subsection (d) of this section
    within such time, the citation and the proposed assessment of
    penalty shall be deemed a final order of the Commission and not
    subject to review by any court or agency. Refusal by the operator
    or his agent to accept certified mail containing a citation and
    proposed assessment of penalty under this subsection shall
    constitute receipt thereof within the meaning of this subsection.
    (b) Failure of operator to correct violation; notification;
      contest; temporary relief
      (1)(A) If the Secretary has reason to believe that an operator
    has failed to correct a violation for which a citation has been
    issued within the period permitted for its correction, the
    Secretary shall notify the operator by certified mail of such
    failure and of the penalty proposed to be assessed under section
    820(b) of this title by reason of such failure and that the
    operator has 30 days within which to notify the Secretary that he
    wishes to contest the Secretary's notification of the proposed
    assessment of penalty. A copy of such notification of the proposed
    assessment of penalty shall at the same time be sent by mail to the
    representative of the mine employees. If, within 30 days from the
    receipt of notification of proposed assessment of penalty issued by
    the Secretary, the operator fails to notify the Secretary that he
    intends to contest the notification of proposed assessment of
    penalty, such notification shall be deemed a final order of the
    Commission and not subject to review by any court or agency.
    Refusal by the operator or his agent to accept certified mail
    containing a notification of proposed assessment of penalty issued
    under this subsection shall constitute receipt thereof within the
    meaning of this subsection.
      (B) In determining whether to propose a penalty to be assessed
    under section 820(b) of this title, the Secretary shall consider
    the operator's history of previous violations, the appropriateness
    of such penalty to the size of the business of the operator
    charged, whether the operator was negligent, the effect on the
    operator's ability to continue in business, the gravity of the
    violation, and the demonstrated good faith of the operator charged
    in attempting to achieve rapid compliance after notification of a
    violation.
      (2) An applicant may file with the Commission a written request
    that the Commission grant temporary relief from any modification or
    termination of any order or from any order issued under section 814
    of this title together with a detailed statement giving the reasons
    for granting such relief. The Commission may grant such relief
    under such conditions as it may prescribe, if - 
        (A) a hearing has been held in which all parties were given an
      opportunity to be heard;
        (B) the applicant shows that there is substantial likelihood
      that the findings of the Commission will be favorable to the
      applicant; and
        (C) such relief will not adversely affect the health and safety
      of miners.

    No temporary relief shall be granted in the case of a citation
    issued under subsection (a) or (f) of section 814 of this title.
    The Commission shall provide a procedure for expedited
    consideration of applications for temporary relief under this
    paragraph.
    (c) Discrimination or interference prohibited; complaint;
      investigation; determination; hearing
      (1) No person shall discharge or in any manner discriminate
    against or cause to be discharged or cause discrimination against
    or otherwise interfere with the exercise of the statutory rights of
    any miner, representative of miners or applicant for employment in
    any coal or other mine subject to this chapter because such miner,
    representative of miners or applicant for employment has filed or
    made a complaint under or related to this chapter, including a
    complaint notifying the operator or the operator's agent, or the
    representative of the miners at the coal or other mine of an
    alleged danger or safety or health violation in a coal or other
    mine, or because such miner, representative of miners or applicant
    for employment is the subject of medical evaluations and potential
    transfer under a standard published pursuant to section 811 of this
    title or because such miner, representative of miners or applicant
    for employment has instituted or caused to be instituted any
    proceeding under or related to this chapter or has testified or is
    about to testify in any such proceeding, or because of the exercise
    by such miner, representative of miners or applicant for employment
    on behalf of himself or others of any statutory right afforded by
    this chapter.
      (2) Any miner or applicant for employment or representative of
    miners who believes that he has been discharged, interfered with,
    or otherwise discriminated against by any person in violation of
    this subsection may, within 60 days after such violation occurs,
    file a complaint with the Secretary alleging such discrimination.
    Upon receipt of such complaint, the Secretary shall forward a copy
    of the complaint to the respondent and shall cause such
    investigation to be made as he deems appropriate. Such
    investigation shall commence within 15 days of the Secretary's
    receipt of the complaint, and if the Secretary finds that such
    complaint was not frivolously brought, the Commission, on an
    expedited basis upon application of the Secretary, shall order the
    immediate reinstatement of the miner pending final order on the
    complaint. If upon such investigation, the Secretary determines
    that the provisions of this subsection have been violated, he shall
    immediately file a complaint with the Commission, with service upon
    the alleged violator and the miner, applicant for employment, or
    representative of miners alleging such discrimination or
    interference and propose an order granting appropriate relief. The
    Commission shall afford an opportunity for a hearing (in accordance
    with section 554 of title 5 but without regard to subsection (a)(3)
    of such section) and thereafter shall issue an order, based upon
    findings of fact, affirming, modifying, or vacating the Secretary's
    proposed order, or directing other appropriate relief. Such order
    shall become final 30 days after its issuance. The Commission shall
    have authority in such proceedings to require a person committing a
    violation of this subsection to take such affirmative action to
    abate the violation as the Commission deems appropriate, including,
    but not limited to, the rehiring or reinstatement of the miner to
    his former position with back pay and interest. The complaining
    miner, applicant, or representative of miners may present
    additional evidence on his own behalf during any hearing held
    pursuant to his (!1) paragraph.

      (3) Within 90 days of the receipt of a complaint filed under
    paragraph (2), the Secretary shall notify, in writing, the miner,
    applicant for employment, or representative of miners of his
    determination whether a violation has occurred. If the Secretary,
    upon investigation, determines that the provisions of this
    subsection have not been violated, the complainant shall have the
    right, within 30 days of notice of the Secretary's determination,
    to file an action in his own behalf before the Commission, charging
    discrimination or interference in violation of paragraph (1). The
    Commission shall afford an opportunity for a hearing (in accordance
    with section 554 of title 5 but without regard to subsection (a)(3)
    of such section), and thereafter shall issue an order, based upon
    findings of fact, dismissing or sustaining the complainant's
    charges and, if the charges are sustained, granting such relief as
    it deems appropriate, including, but not limited to, an order
    requiring the rehiring or reinstatement of the miner to his former
    position with back pay and interest or such remedy as may be
    appropriate. Such order shall become final 30 days after its
    issuance. Whenever an order is issued sustaining the complainant's
    charges under this subsection, a sum equal to the aggregate amount
    of all costs and expenses (including attorney's fees) as determined
    by the Commission to have been reasonably incurred by the miner,
    applicant for employment or representative of miners for, or in
    connection with, the institution and prosecution of such
    proceedings shall be assessed against the person committing such
    violation. Proceedings under this section shall be expedited by the
    Secretary and the Commission. Any order issued by the Commission
    under this paragraph shall be subject to judicial review in
    accordance with section 816 of this title. Violations by any person
    of paragraph (1) shall be subject to the provisions of sections 818
    and 820(a) of this title.
    (d) Contest proceedings; hearing; findings of fact; affirmance,
      modification, or vacatur of citation, order, or proposed penalty;
      procedure before Commission
      If, within 30 days of receipt thereof, an operator of a coal or
    other mine notifies the Secretary that he intends to contest the
    issuance or modification of an order issued under section 814 of
    this title, or citation or a notification of proposed assessment of
    a penalty issued under subsection (a) or (b) of this section, or
    the reasonableness of the length of abatement time fixed in a
    citation or modification thereof issued under section 814 of this
    title, or any miner or representative of miners notifies the
    Secretary of an intention to contest the issuance, modification, or
    termination of any order issued under section 814 of this title, or
    the reasonableness of the length of time set for abatement by a
    citation or modification thereof issued under section 814 of this
    title, the Secretary shall immediately advise the Commission of
    such notification, and the Commission shall afford an opportunity
    for a hearing (in accordance with section 554 of title 5, but
    without regard to subsection (a)(3) of such section), and
    thereafter shall issue an order, based on findings of fact,
    affirming, modifying, or vacating the Secretary's citation, order,
    or proposed penalty, or directing other appropriate relief. Such
    order shall become final 30 days after its issuance. The rules of
    procedure prescribed by the Commission shall provide affected
    miners or representatives of affected miners an opportunity to
    participate as parties to hearings under this section. The
    Commission shall take whatever action is necessary to expedite
    proceedings for hearing appeals of orders issued under section 814
    of this title.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 105, Dec. 30, 1969, 83 Stat. 753;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1303.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164 substituted provisions under
    which the Secretary must notify the operator of the civil penalty
    he proposes to assess following the issuance of a citation or order
    and the operator must give notice that he will contest the citation
    or proposed assessment for provisions under which an operator was
    required to apply for review of an order issued under section 814
    of this title and under which an investigation was made, hearings
    held, and information presented.
      Subsec. (b). Pub. L. 95-164 substituted provisions relating to
    the steps to be taken following the failure of the operator to
    correct violations, including provisions relating to temporary
    relief formerly contained in subsec. (d), for provisions requiring
    the Secretary to make findings of fact and to issue a written
    decision upon receiving the report of an investigation.
      Subsec. (c). Pub. L. 95-164 added subsec. (c). Former subsec.
    (c), directing the Secretary to take action under this section as
    promptly as possible, was incorporated into a part of par. (3).
      Subsec. (d). Pub. L. 95-164 added subsec. (d). Former subsec. (d)
    redesignated (b)(2).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "this".


-End-



-CITE-
    30 USC Sec. 816                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 816. Judicial review of Commission orders

-STATUTE-
    (a) Petition by person adversely affected or aggrieved; temporary
      relief
      (1) Any person adversely affected or aggrieved by an order of the
    Commission issued under this chapter may obtain a review of such
    order in any United States court of appeals for the circuit in
    which the violation is alleged to have occurred or in the United
    States Court of Appeals for the District of Columbia Circuit, by
    filing in such court within 30 days following the issuance of such
    order a written petition praying that the order be modified or set
    aside. A copy of such petition shall be forthwith transmitted by
    the clerk of the court to the Commission and to the other parties,
    and thereupon the Commission shall file in the court the record in
    the proceeding as provided in section 2112 of title 28. Upon such
    filing, the court shall have exclusive jurisdiction of the
    proceeding and of the questions determined therein, and shall have
    the power to make and enter upon the pleadings, testimony, and
    proceedings set forth in such record a decree affirming, modifying,
    or setting aside, in whole or in part, the order of the Commission
    and enforcing the same to the extent that such order is affirmed or
    modified. No objection that has not been urged before the
    Commission shall be considered by the court, unless the failure or
    neglect to urge such objection shall be excused because of
    extraordinary circumstances. The findings of the Commission with
    respect to questions of fact, if supported by substantial evidence
    on the record considered as a whole, shall be conclusive. If any
    party shall apply to the court for leave to adduce additional
    evidence and shall show to the satisfaction of the court that such
    additional evidence is material and that there were reasonable
    grounds for the failure to adduce such evidence in the hearing
    before the Commission, the court may order such additional evidence
    to be taken before the Commission and to be made a part of the
    record. The Commission may modify its findings as to the facts, or
    make new findings, by reason of additional evidence so taken and
    filed, and it shall file such modified or new findings, which
    findings with respect to questions of fact, if supported by
    substantial evidence on the record considered as a whole, shall be
    conclusive. The Commission may modify or set aside its original
    order by reason of such modified or new findings of fact. Upon the
    filing of the record after such remand proceedings, the
    jurisdiction of the court shall be exclusive and its judgment and
    degree shall be final, except that the same shall be subject to
    review by the Supreme Court of the United States, as provided in
    section 1254 of title 28.
      (2) In the case of a proceeding to review any order or decision
    issued by the Commission under this chapter, except an order or
    decision pertaining to an order issued under section 817(a) of this
    title or an order or decision pertaining to a citation issued under
    section 814(a) or (f) of this title, the court may, under such
    conditions as it may prescribe, grant such temporary relief as it
    deems appropriate pending final determination of the proceeding, if
    - 
        (A) all parties to the proceeding have been notified and given
      an opportunity to be heard on a request for temporary relief;
        (B) the person requesting such relief shows that there is a
      substantial likelihood that he will prevail on the merits of the
      final determination of the proceeding; and
        (C) such relief will not adversely affect the health and safety
      of miners in the coal or other mine.

      (3) In the case of a proceeding to review any order or decision
    issued by the Panel under this chapter, the court may, under such
    conditions as it may prescribe, grant such temporary relief as it
    deems appropriate pending final determination of the proceeding, if
    - 
        (A) all parties to the proceeding have been notified and given
      an opportunity to be heard on a request for temporary relief; and
        (B) the person requesting such relief shows that there is a
      substantial likelihood that he will prevail on the merits of the
      final determination of the proceeding.
    (b) Petition by Secretary for review or enforcement of final
      Commission orders
      The Secretary may also obtain review or enforcement of any final
    order of the Commission by filing a petition for such relief in the
    United States court of appeals for the circuit in which the alleged
    violation occurred or in the Court of Appeals for the District of
    Columbia Circuit, and the provisions of subsection (a) shall govern
    such proceedings to the extent applicable. If no petition for
    review, as provided in subsection (a) of this section, is filed
    within 30 days after issuance of the Commission's order, the
    Commission's findings of fact and order shall be conclusive in
    connection with any petition for enforcement which is filed by the
    Secretary after the expiration of such 30-day period. In any such
    case, as well as in the case of a noncontested citation or
    notification by the Secretary which has become a final order of the
    Commission under subsection (a) or (b) of section 815 of this
    title, the clerk of the court, unless otherwise ordered by the
    court, shall forthwith enter a decree enforcing the order and shall
    transmit a copy of such decree to the Secretary and the operator
    named in the petition. In any contempt proceeding brought to
    enforce a decree of a court of appeals entered pursuant to this
    subsection or subsection (a) of this section, the court of appeals
    may assess the penalties provided in section 820 of this title, in
    addition to invoking any other available remedies.
    (c) Stay of order or decision of Commission or Panel
      The commencement of a proceeding under this section shall not,
    unless specifically ordered by the court, operate as a stay of the
    order or decision of the Commission or the Panel.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 106, Dec. 30, 1969, 83 Stat. 754;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1306;
    Pub. L. 98-620, title IV, Sec. 402(34), Nov. 8, 1984, 98 Stat.
    3360.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a)(1). Pub. L. 98-620 struck out provision that
    petitions filed under this subsection had to be heard
    expeditiously.
      1977 - Subsec. (a)(1). Pub. L. 95-164 added subsec. (a)(1)
    consisting of a revision of the provisions of former subsecs. (a),
    (b), (d), and (f) with additions to cover the proceedings in the
    reviewing court.
      Subsec. (a)(2). Pub. L. 95-164 redesignated subsec. (c)(1) as
    (a)(2) and substituted "issued by the Commission" for "issued by
    the Secretary" and "under section 817(a) of this title or an order
    or decision pertaining to a citation issued under section 814(a) or
    (f) of this title" for "under section 814(a) of this title or an
    order or decision pertaining to a notice issued under section
    814(b) or (i) of this title" in the provisions preceding subpar.
    (A).
      Subsec. (a)(3). Pub. L. 95-164 redesignated subsec. (c)(2) as
    (a)(3).
      Subsec. (b). Pub. L. 95-164 added subsec. (b). Provisions of
    former subsec. (b) were incorporated as revised into subsec.
    (a)(1).
      Subsec. (c). Pub. L. 95-164 redesignated subsec. (e) as (c).
    Former subsec. (c), which consisted of pars. (1) and (2),
    redesignated (a)(2) and (3).
      Subsec. (d). Pub. L. 95-164 struck out subsec. (d) and
    incorporated its provisions, relating to review by the Supreme
    Court, into subsec. (a)(1).
      Subsec. (e). Pub. L. 95-164 redesignated subsec. (e) as (c).
      Subsec. (f). Pub. L. 95-164 struck out subsec. (f) which related
    to the appointment of attorneys by the Secretary to represent him
    in proceedings instituted under this section.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 817                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 817. Procedures to counteract dangerous conditions

-STATUTE-
    (a) Withdrawal orders
      If, upon any inspection or investigation of a coal or other mine
    which is subject to this chapter, an authorized representative of
    the Secretary finds that an imminent danger exists, such
    representative shall determine the extent of the area of such mine
    throughout which the danger exists, and issue an order requiring
    the operator of such mine to cause all persons, except those
    referred to in section 814(c) of this title, to be withdrawn from,
    and to be prohibited from entering, such area until an authorized
    representative of the Secretary determines that such imminent
    danger and the conditions or practices which caused such imminent
    danger no longer exist. The issuance of an order under this
    subsection shall not preclude the issuance of a citation under
    section 814 of this title or the proposing of a penalty under
    section 820 of this title.
    (b) Notice to mine operators; further investigation; findings and
      decision by Secretary
      (1) If, upon any inspection of a coal or other mine, an
    authorized representative of the Secretary finds (A) that
    conditions exist therein which have not yet resulted in an imminent
    danger, (B) that such conditions cannot be effectively abated
    through the use of existing technology, and (C) that reasonable
    assurance cannot be provided that the continuance of mining
    operations under such conditions will not result in an imminent
    danger, he shall determine the area throughout which such
    conditions exist, and thereupon issue a notice to the operator of
    the mine or his agent of such conditions, and shall file a copy
    thereof, incorporating his findings therein, with the Secretary and
    with the representative of the miners of such mine. Upon receipt of
    such copy, the Secretary shall cause such further investigation to
    be made as he deems appropriate, including an opportunity for the
    operator or a representative of the miners to present information
    relating to such notice.
      (2) Upon the conclusion of an investigation pursuant to paragraph
    (1), and an opportunity for a public hearing upon request by any
    interested party, the Secretary shall make findings of fact, and
    shall by decision incorporating such findings therein, either
    cancel the notice issued under this subsection or issue an order
    requiring the operator of such mine to cause all persons in the
    area affected, except those persons referred to in subsection (c)
    of section 814 of this title to be withdrawn from, and be
    prohibited from entering, such area until the Secretary, after a
    public hearing affording all interested persons an opportunity to
    present their views, determines that such conditions have been
    abated. Any hearing under this paragraph shall be of record and
    shall be subject to section 554 of title 5.
    (c) Form and content of orders
      Orders issued pursuant to subsection (a) of this section shall
    contain a detailed description of the conditions or practices which
    cause and constitute an imminent danger and a description of the
    area of the coal or other mine from which persons must be withdrawn
    and prohibited from entering.
    (d) Findings; duration of orders
      Each finding made and order issued under this section shall be
    given promptly to the operator of the coal or other mine to which
    it pertains by the person making such finding or order, and all of
    such findings and orders shall be in writing, and shall be signed
    by the person making them. Any order issued pursuant to subsection
    (a) of this section may be modified or terminated by an authorized
    representative of the Secretary. Any order issued under subsection
    (a) or (b) of this section shall remain in effect until vacated,
    modified, or terminated by the Secretary, or modified or vacated by
    the Commission pursuant to subsection (e) of this section, or by
    the courts pursuant to section 816(a) of this title.
    (e) Reinstatement, modification, and vacatur of orders
      (1) Any operator notified of an order under this section or any
    representative of miners notified of the issuance, modification, or
    termination of such an order may apply to the Commission within 30
    days of such notification for reinstatement, modification or
    vacation of such order. The Commission shall forthwith afford an
    opportunity for a hearing (in accordance with section 554 of title
    5 but without regard to subsection (a)(3) of such section) and
    thereafter shall issue an order, based upon findings of fact,
    vacating, affirming, modifying, or terminating the Secretary's
    order. The Commission and the courts may not grant temporary relief
    from the issuance of any order under subsection (a) of this
    section.
      (2) The Commission shall take whatever action is necessary to
    expedite proceedings under this subsection.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 107, Dec. 30, 1969, 83 Stat. 755;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1307.)


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 substituted provisions relating to the
    procedures to be followed to counteract dangerous conditions in
    coal or other mines for provisions relating to the posting of
    notices, orders, and decisions at coal mines, see section 819 of
    this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 818                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 818. Injunctions

-STATUTE-
    (a) Civil action by Secretary
      (1) The Secretary may institute a civil action for relief,
    including a permanent or temporary injunction, restraining order,
    or any other appropriate order in the district court of the United
    States for the district in which a coal or other mine is located or
    in which the operator of such mine has his principal office,
    whenever such operator or his agent - 
        (A) violates or fails or refuses to comply with any order or
      decision issued under this chapter, or fails or refuses to comply
      with any order or decision, including a civil penalty assessment
      order, that is issued under this chapter,
        (B) interferes with, hinders, or delays the Secretary or his
      authorized representative, or the Secretary of Health and Human
      Services or his authorized representative, in carrying out the
      provisions of this chapter,
        (C) refuses to admit such representatives to the coal or other
      mine,
        (D) refuses to permit the inspection of the coal or other mine,
      or the investigation of an accident or occupational disease
      occurring in, or connected with, such mine,
        (E) refuses to furnish any information or report requested by
      the Secretary or the Secretary of Health and Human Services in
      furtherance of the provisions of this chapter, or
        (F) refuses to permit access to, and copying of, such records
      as the Secretary or the Secretary of Health and Human Services
      determines necessary in carrying out the provisions of this
      chapter.

      (2) The Secretary may institute a civil action for relief,
    including permanent or temporary injunction, restraining order, or
    any other appropriate order in the district court of the United
    States for the district in which the coal or other mine is located
    or in which the operator of such mine has his principal office
    whenever the Secretary believes that the operator of a coal or
    other mine is engaged in a pattern of violation of the mandatory
    health or safety standards of this chapter, which in the judgment
    of the Secretary constitutes a continuing hazard to the health or
    safety of miners.
    (b) Jurisdiction; relief; findings of Commission or Secretary
      In any action brought under subsection (a) of this section, the
    court shall have jurisdiction to provide such relief as may be
    appropriate. In the case of an action under subsection (a)(2) of
    this section, the court shall in its order require such assurance
    or affirmative steps as it deems necessary to assure itself that
    the protection afforded to miners under this chapter shall be
    provided by the operator. Temporary restraining orders shall be
    issued in accordance with rule 65 of the Federal Rules of Civil
    Procedure, as amended, except that the time limit in such orders,
    when issued without notice, shall be seven days from the date of
    entry. Except as otherwise provided herein, any relief granted by
    the court to enforce any order under paragraph (1) of subsection
    (a) of this section shall continue in effect until the completion
    or final termination of all proceedings for review of such order
    under this subchapter, unless prior thereto, the district court
    granting such relief sets it aside or modifies it. In any action
    instituted under this section to enforce an order or decision
    issued by the Commission or the Secretary after a public hearing in
    accordance with section 554 of title 5, the findings of the
    Commission or the Secretary, as the case may be, if supported by
    substantial evidence on the record considered as a whole, shall be
    conclusive.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 108, Dec. 30, 1969, 83 Stat. 756;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1309;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 109-236, Sec. 9, June 15, 2006, 120 Stat. 501.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Rule 65 of the Federal Rules of Civil Procedure, referred to in
    subsec. (b), is set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(A). Pub. L. 109-236 inserted before comma
    at end ", or fails or refuses to comply with any order or decision,
    including a civil penalty assessment order, that is issued under
    this chapter".
      1977 - Pub. L. 95-164 redesignated existing provisions as
    subsecs. (a)(1) and (b), added subsec. (a)(2), and in the
    redesignated provisions inserted references to findings of the
    Commission, inserted requirement that in actions brought under
    subsec. (a)(2) the courts require such assurances or affirmative
    action as they deem necessary to assure that the protections
    offered by this chapter to the miners be provided by the operator,
    and struck out provisions relating to the appointment of attorneys
    by the Secretary to represent him in actions under this section.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (a)(1)(B),
    (F) pursuant to section 509(b) of Pub. L. 96-88 which is classified
    to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 819                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 819. Posting of orders and decisions

-STATUTE-
    (a) Mine office; bulletin board
      At each coal or other mine there shall be maintained an office
    with a conspicuous sign designating it as the office of such mine.
    There shall be a bulletin board at such office or located at a
    conspicuous place near an entrance of such mine, in such manner
    that orders, citations, notices and decisions required by law or
    regulation to be posted, may be posted thereon, and be easily
    visible to all persons desiring to read them, and be protected
    against damage by weather and against unauthorized removal. A copy
    of any order, citation, notice or decision required by this chapter
    to be given to an operator shall be delivered to the office of the
    affected mine, and a copy shall be immediately posted on the
    bulletin board of such mine by the operator or his agent.
    (b) Distribution of orders, citations, notices, and decisions
      The Secretary shall (1) cause a copy of any order, citation,
    notice, or decision required by this chapter to be given to an
    operator to be mailed immediately to a representative of the miners
    in the affected coal or other mine, and (2) cause a copy thereof to
    be mailed to the public official or agency of the State charged
    with administering State laws, if any, relating to health or safety
    in such mine. Such notice, order, citation, or decision shall be
    available for public inspection.
    (c) Compliance
      In order to insure prompt compliance with any notice, order,
    citation, or decision issued under this chapter, the authorized
    representative of the Secretary may deliver such notice, order,
    citation, or decision to an agent of the operator, and such agent
    shall immediately take appropriate measures to insure compliance
    with such notice, order, citation, or decision.
    (d) Filing; designation of health and safety officers
      Each operator of a coal or other mine subject to this chapter
    shall file with the Secretary the name and address of such mine and
    the name and address of the person who controls or operates the
    mine. Any revisions in such names or addresses shall be promptly
    filed with the Secretary. Each operator of a coal or other mine
    subject to this chapter shall designate a responsible official at
    such mine as the principal officer in charge of health and safety
    at such mine, and such official shall receive a copy of any notice,
    order, citation, or decision issued under this chapter affecting
    such mine. In any case where the mine is subject to the control of
    any person not directly involved in the daily operations of the
    coal or other mine, there shall be filed with the Secretary the
    name and address of such person and the name and address of a
    principal official of such person who shall have overall
    responsibility for the conduct of an effective health and safety
    program at any coal or other mine subject to the control of such
    person, and such official shall receive a copy of any notice,
    order, citation, or decision issued affecting any such mine. The
    mere designation of a health and safety official under this
    subsection shall not be construed as making such official subject
    to any penalty under this chapter.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 109, Dec. 30, 1969, 83 Stat. 756;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1310.)


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 substituted provisions relating to the
    posting of orders and decisions for provisions setting out an
    enumeration of penalties, which provisions, as revised, were
    transferred to section 820 of this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 820                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 820. Penalties

-STATUTE-
    (a) Civil penalty for violation of mandatory health or safety
      standards
       (1) The operator of a coal or other mine in which a violation
    occurs of a mandatory health or safety standard or who violates any
    other provision of this chapter, shall be assessed a civil penalty
    by the Secretary which penalty shall not be more than $50,000 for
    each such violation. Each occurrence of a violation of a mandatory
    health or safety standard may constitute a separate offense.
      (2) The operator of a coal or other mine who fails to provide
    timely notification to the Secretary as required under section
    813(j) of this title (relating to the 15 minute requirement) shall
    be assessed a civil penalty by the Secretary of not less than
    $5,000 and not more than $60,000.
      (3)(A) The minimum penalty for any citation or order issued under
    section 814(d)(1) of this title shall be $2,000.
      (B) The minimum penalty for any order issued under section
    814(d)(2) of this title shall be $4,000.
      (4) Nothing in this subsection shall be construed to prevent an
    operator from obtaining a review, in accordance with section 816 of
    this title, of an order imposing a penalty described in this
    subsection. If a court, in making such review, sustains the order,
    the court shall apply at least the minimum penalties required under
    this subsection.
    (b) Civil penalty for failure to correct violation for which
      citation has been issued
      (1) Any operator who fails to correct a violation for which a
    citation has been issued under section 814(a) of this title within
    the period permitted for its correction may be assessed a civil
    penalty of not more than $$5,000 (!1) for each day during which
    such failure or violation continues.

      (2) Violations under this section that are deemed to be flagrant
    may be assessed a civil penalty of not more than $220,000. For
    purposes of the preceding sentence, the term "flagrant" with
    respect to a violation means a reckless or repeated failure to make
    reasonable efforts to eliminate a known violation of a mandatory
    health or safety standard that substantially and proximately
    caused, or reasonably could have been expected to cause, death or
    serious bodily injury.
    (c) Liability of corporate directors, officers, and agents
      Whenever a corporate operator violates a mandatory health or
    safety standard or knowingly violates or fails or refuses to comply
    with any order issued under this chapter or any order incorporated
    in a final decision issued under this chapter, except an order
    incorporated in a decision issued under subsection (a) of this
    section or section 815(c) of this title, any director, officer, or
    agent of such corporation who knowingly authorized, ordered, or
    carried out such violation, failure, or refusal shall be subject to
    the same civil penalties, fines, and imprisonment that may be
    imposed upon a person under subsections (a) and (d) of this
    section.
    (d) Criminal penalties
       Any operator who willfully violates a mandatory health or safety
    standard, or knowingly violates or fails or refuses to comply with
    any order issued under section 814 of this title and section 817 of
    this title, or any order incorporated in a final decision issued
    under this subchapter, except an order incorporated in a decision
    under subsection (a)(1) or section 815(c) of this title, shall,
    upon conviction, be punished by a fine of not more than $250,000,
    or by imprisonment for not more than one year, or by both, except
    that if the conviction is for a violation committed after the first
    conviction of such operator under this chapter, punishment shall be
    by a fine of not more than $500,000, or by imprisonment for not
    more than five years, or both.
    (e) Unauthorized advance notice of inspections
      Unless otherwise authorized by this chapter, any person who gives
    advance notice of any inspection to be conducted under this chapter
    shall, upon conviction, be punished by a fine of not more than
    $1,000 or by imprisonment for not more than six months, or both.
    (f) False statements, representations, or certifications
      Whoever knowingly makes any false statement, representation, or
    certification in any application, record, report, plan, or other
    document filed or required to be maintained pursuant to this
    chapter shall, upon conviction, be punished by a fine of not more
    than $10,000, or by imprisonment for not more than five years, or
    both.
    (g) Violation by miners of safety standards relating to smoking
      Any miner who willfully violates the mandatory safety standards
    relating to smoking or the carrying of smoking materials, matches,
    or lighters shall be subject to a civil penalty assessed by the
    Commission, which penalty shall not be more than $250 for each
    occurrence of such violation.
    (h) Equipment falsely represented as complying with statute,
      specification, or regulations
      Whoever knowingly distributes, sells, offers for sale,
    introduces, or delivers in commerce any equipment for use in a coal
    or other mine, including, but not limited to, components and
    accessories of such equipment, which is represented as complying
    with the provisions of this chapter, or with any specification or
    regulation of the Secretary applicable to such equipment, and which
    does not so comply, shall, upon conviction, be subject to the same
    fine and imprisonment that may be imposed upon a person under
    subsection (f) of this section.
    (i) Authority to assess civil penalties
      The Commission shall have authority to assess all civil penalties
    provided in this chapter. In assessing civil monetary penalties,
    the Commission shall consider the operator's history of previous
    violations, the appropriateness of such penalty to the size of the
    business of the operator charged, whether the operator was
    negligent, the effect on the operator's ability to continue in
    business, the gravity of the violation, and the demonstrated good
    faith of the person charged in attempting to achieve rapid
    compliance after notification of a violation. In proposing civil
    penalties under this chapter, the Secretary may rely upon a summary
    review of the information available to him and shall not be
    required to make findings of fact concerning the above factors.
    (j) Payment of penalties; interest
      Civil penalties owed under this chapter shall be paid to the
    Secretary for deposit into the Treasury of the United States and
    shall accrue to the United States and may be recovered in a civil
    action in the name of the United States brought in the United
    States district court for the district where the violation occurred
    or where the operator has its principal office. Interest at the
    rate of 8 percent per annum shall be charged against a person on
    any final order of the Commission, or the court. Interest shall
    begin to accrue 30 days after the issuance of such order.
    (k) Compromise, mitigation, and settlement of penalty
      No proposed penalty which has been contested before the
    Commission under section 815(a) of this title shall be compromised,
    mitigated, or settled except with the approval of the Commission.
    No penalty assessment which has become a final order of the
    Commission shall be compromised, mitigated, or settled except with
    the approval of the court.
    (l) Inapplicability to black lung benefit provisions
      The provisions of this section shall not be applicable with
    respect to subchapter IV of this chapter.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 110, Dec. 30, 1969, 83 Stat. 758;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1311;
    Pub. L. 101-508, title III, Sec. 3102, Nov. 5, 1990, 104 Stat. 1388-
    29; Pub. L. 109-236, Sec. 5(b), Sec. 8(a), June 15, 2006, 120
    Stat. 498, 500; Pub. L. 109-280, title XIII, Sec. 1301, Aug. 17,
    2006, 120 Stat. 1108.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-280, Sec. 1301(2), substituted
    "(1) The operator" for "(1)(1) The operator" in par. (1),
    substituted "subsection (a)(1)" for "paragraph (1)" in par. (2),
    relating to criminal penalties, and redesignated that par. as
    subsec. (d).
      Pub. L. 109-236, Sec. 8(a)(1), inserted "(1)" after subsec.
    heading, added par. (2), relating to criminal penalties, and added
    pars. (3) and (4).
      Pub. L. 109-236, Sec. 5(b), designated existing provisions as
    par. (1) and added par. (2), relating to civil penalties.
      Subsec. (b). Pub. L. 109-280, Sec. 1301(3), inserted par. (1) and
    (2) designations.
      Pub. L. 109-236, Sec. 8(a)(2), inserted at end "Violations under
    this section that are deemed to be flagrant may be assessed a civil
    penalty of not more than $220,000. For purposes of the preceding
    sentence, the term 'flagrant' with respect to a violation means a
    reckless or repeated failure to make reasonable efforts to
    eliminate a known violation of a mandatory health or safety
    standard that substantially and proximately caused, or reasonably
    could have been expected to cause, death or serious bodily injury."
      Subsec. (d). Pub. L. 109-280, Sec. 1301(2)(B)(ii), redesignated
    subsec. (a)(2), relating to criminal penalties, as (d).
      Pub. L. 109-280, Sec. 1301(1), struck out subsec. (d) which read
    as follows: "Any operator who willfully violates a mandatory health
    or safety standard, or knowingly violates or fails or refuses to
    comply with any order issued under section 814 of this title and
    section 817 of this title, or any order incorporated in a final
    decision issued under this subchapter, except an order incorporated
    in a decision under subsection (a) of this section or section
    815(c) of this title, shall, upon conviction, be punished by a fine
    of not more than $25,000, or by imprisonment for not more than one
    year, or by both, except that if the conviction is for a violation
    committed after the first conviction of such operator under this
    chapter, punishment shall be by a fine of not more than $50,000, or
    by imprisonment for not more than five years, or both."
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 3102(1), substituted
    "$50,000" for "$10,000".
      Subsec. (b). Pub. L. 101-508, Sec. 3102(2), substituted "$5,000"
    for "1,000".
      1977 - Pub. L. 95-164 substituted provisions setting the civil
    and criminal penalties with regard to violations of this chapter
    for provisions relating to claims of idled miners, which
    provisions, as revised, were transferred to section 821 of this
    title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                                REGULATIONS                            
      Pub. L. 109-236, Sec. 8(b), June 15, 2006, 120 Stat. 501,
    provided that: "Not later than December 30, 2006, the Secretary of
    Labor shall promulgate final regulations with respect to
    penalties."

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    30 USC Sec. 821                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 821. Entitlement of miners to full compensation

-STATUTE-
      If a coal or other mine or area of such mine is closed by an
    order issued under section 813 of this title, section 814 of this
    title, or section 817 of this title, all miners working during the
    shift when such order was issued who are idled by such order shall
    be entitled, regardless of the result of any review of such order,
    to full compensation by the operator at their regular rates of pay
    for the period they are idled, but for not more than the balance of
    such shift. If such order is not terminated prior to the next
    working shift, all miners on that shift who are idled by such order
    shall be entitled to full compensation by the operator at their
    regular rates of pay for the period they are idled, but for not
    more than four hours of such shift. If a coal or other mine or area
    of such mine is closed by an order issued under section 814 of this
    title or section 817 of this title for a failure of the operator to
    comply with any mandatory health or safety standards, all miners
    who are idled due to such order shall be fully compensated after
    all interested parties are given an opportunity for a public
    hearing, which shall be expedited in such cases, and after such
    order is final, by the operator for lost time at their regular
    rates of pay for such time as the miners are idled by such closing,
    or for one week, whichever is the lesser. Whenever an operator
    violates or fails or refuses to comply with any order issued under
    section 813 of this title, section 814 of this title, or section
    817 of this title, all miners employed at the affected mine who
    would have been withdrawn from, or prevented from entering, such
    mine or area thereof as a result of such order shall be entitled to
    full compensation by the operator at their regular rates of pay, in
    addition to pay received for work performed after such order was
    issued, for the period beginning when such order was issued and
    ending when such order is complied with, vacated, or terminated.
    The Commission shall have authority to order compensation due under
    this section upon the filing of a complaint by a miner or his
    representative and after opportunity for hearing subject to section
    554 of title 5.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 111, Dec. 30, 1969, 83 Stat. 759;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1312.)


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 substituted provisions relating to the
    entitlement of miners to their full compensation when they are
    idled as the result of the operation of this chapter for provisions
    relating to the maintenance of records, which provisions, as
    revised, were transferred to section 813 of this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 822                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 822. Representation of Secretary in civil litigation by
      Solicitor of Labor

-STATUTE-
      Except as provided in section 518(a) of title 28, relating to
    litigation before the Supreme Court, the Solicitor of Labor may
    appear for and represent the Secretary in any civil litigation
    brought under this chapter but all such litigation shall be subject
    to the direction and control of the Attorney General.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 112, as added Pub. L. 95-164, title
    II, Sec. 201, Nov. 9, 1977, 91 Stat. 1313.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    816(f) of this title prior to the amendment of this subchapter by
    Pub. L. 95-164.

                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 823                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 823. Federal Mine Safety and Health Review Commission

-STATUTE-
    (a) Establishment; membership; chairman
      The Federal Mine Safety and Health Review Commission is hereby
    established. The Commission shall consist of five members,
    appointed by the President by and with the advice and consent of
    the Senate, from among persons who by reason of training,
    education, or experience are qualified to carry out the functions
    of the Commission under this chapter. The President shall designate
    one of the members of the Commission to serve as Chairman.
    (b) Terms; personnel; administrative law judges
      (1) The terms of the members of the Commission shall be six
    years, except that - 
        (A) members of the Commission first taking office after
      November 9, 1977, shall serve, as designated by the President at
      the time of appointment, one for a term of two years, two for a
      term of four years and two for a term of six years; and
        (B) a vacancy caused by the death, resignation, or removal of
      any member prior to the expiration of the term for which he was
      appointed shall be filled only for the remainder of such
      unexpired term.

    Any member of the Commission may be removed by the President for
    inefficiency, neglect of duty, or malfeasance in office.
      (2) The Chairman shall be responsible on behalf of the Commission
    for the administrative operations of the Commission. The Commission
    shall appoint such employees as it deems necessary to assist in the
    performance of the Commission's functions and to fix their
    compensation in accordance with the provisions of chapter 51 and
    subchapter III of chapter 53 of title 5, relating to classification
    and general pay rates. Upon the effective date of the Federal Mine
    Safety and Health Amendments Act of 1977, the administrative law
    judges assigned to the Arlington, Virginia, facility of the Office
    of Hearings and Appeals, United States Department of the Interior,
    shall be automatically transferred in grade and position to the
    Federal Mine Safety and Health Review Commission. Notwithstanding
    the provisions of section 559 of title 5, the incumbent Chief
    Administrative Law Judge of the Office of Hearings and Appeals of
    the Department of the Interior assigned to the Arlington, Virginia
    facility shall have the option, on the effective date of the
    Federal Mine Safety and Health Amendments Act of 1977, of
    transferring to the Commission as an administrative law judge, in
    the same grade and position as the other administrative law judges.
    The administrative law judges (except those presiding over Indian
    Probate Matters) assigned to the Western facilities of the Office
    of Hearings and Appeals of the Department of the Interior shall
    remain with that Department at their present grade and position or
    they shall have the right to transfer on an equivalent basis to
    that extended in this paragraph to the Arlington, Virginia
    administrative law judges in accordance with procedures established
    by the Director of the Office of Personnel Management. The
    Commission shall appoint such additional administrative law judges
    as it deems necessary to carry out the functions of the Commission.
    Assignment, removal, and compensation of administrative law judges
    shall be in accordance with sections 3105, 3344, 5362 and 7521 of
    title 5.
    (c) Delegation of powers
      The Commission is authorized to delegate to any group of three or
    more members any or all of the powers of the Commission, except
    that two members shall constitute a quorum of any group designated
    pursuant to this paragraph.
    (d) Proceedings before administrative law judge; administrative
      review
      (1) An administrative law judge appointed by the Commission to
    hear matters under this chapter shall hear, and make a
    determination upon, any proceeding instituted before the Commission
    and any motion in connection therewith, assigned to such
    administrative law judge by the chief administrative law judge of
    the Commission or by the Commission, and shall make a decision
    which constitutes his final disposition of the proceedings. The
    decision of the administrative law judge of the Commission shall
    become the final decision of the Commission 40 days after its
    issuance unless within such period the Commission has directed that
    such decision shall be reviewed by the Commission in accordance
    with paragraph (2). An administrative law judge shall not be
    assigned to prepare a recommended decision under this chapter.
      (2) The Commission shall prescribe rules of procedure for its
    review of the decisions of administrative law judges in cases under
    this chapter which shall meet the following standards for review:
      (A)(i) Any person adversely affected or aggrieved by a decision
    of an administrative law judge, may file and serve a petition for
    discretionary review by the Commission of such decision within 30
    days after the issuance of such decision. Review by the Commission
    shall not be a matter of right but of the sound discretion of the
    Commission.
      (ii) Petitions for discretionary review shall be filed only upon
    one or more of the following grounds:
        (I) A finding or conclusion of material fact is not supported
      by substantial evidence.
        (II) A necessary legal conclusion is erroneous.
        (III) The decision is contrary to law or to the duly
      promulgated rules or decisions of the Commission.
        (IV) A substantial question of law, policy or discretion is
      involved.
        (V) A prejudicial error of procedure was committed.

      (iii) Each issue shall be separately numbered and plainly and
    concisely stated, and shall be supported by detailed citations to
    the record when assignments of error are based on the record, and
    by statutes, regulations, or principal authorities relied upon.
    Except for good cause shown, no assignment of error by any party
    shall rely on any question of fact or law upon which the
    administrative law judge had not been afforded an opportunity to
    pass. Review by the Commission shall be granted only by affirmative
    vote of two of the Commissioners present and voting. If granted,
    review shall be limited to the questions raised by the petition.
      (B) At any time within 30 days after the issuance of a decision
    of an administrative law judge, the Commission may in its
    discretion (by affirmative vote of two of the Commissioners present
    and voting) order the case before it for review but only upon the
    ground that the decision may be contrary to law or Commission
    policy, or that a novel question of policy has been presented. The
    Commission shall state in such order the specific issue of law,
    Commission policy, or novel question of policy involved. If a
    party's petition for discretionary review has been granted, the
    Commission shall not raise or consider additional issues in such
    review proceedings except in compliance with the requirements of
    this paragraph.
      (C) For the purpose of review by the Commission under paragraph
    (A) or (B) of this subsection, the record shall include: (i) all
    matters constituting the record upon which the decision of the
    administrative law judge was based; (ii) the rulings upon proposed
    findings and conclusions; (iii) the decision of the administrative
    law judge; (iv) the petition or petitions for discretionary review,
    responses thereto, and the Commission's order for review; and (v)
    briefs filed on review. No other material shall be considered by
    the Commission upon review. The Commission either may remand the
    case to the administrative law judge for further proceedings as it
    may direct or it may affirm, set aside, or modify the decision or
    order of the administrative law judge in conformity with the
    record. If the Commission determines that further evidence is
    necessary on an issue of fact it shall remand the case for further
    proceedings before the administrative law judge.
      (The provisions of section 557(b) of title 5 with regard to the
    review authority of the Commission are expressly superseded to the
    extent that they are inconsistent with the provisions of
    subparagraphs (A), (B), and (C) of this paragraph.)
    (e) Witnesses and evidence; subpoenas; contempt
      In connection with hearings before the Commission or its
    administrative law judges under this chapter, the Commission and
    its administrative law judges may compel the attendance and
    testimony of witnesses and the production of books, papers, or
    documents, or objects, and order testimony to be taken by
    deposition at any stage of the proceedings before them. Any person
    may be compelled to appear and depose and produce similar
    documentary or physical evidence, in the same manner as witnesses
    may be compelled to appear and produce evidence before the
    Commission and its administrative law judges. Witnesses shall be
    paid the same fees and mileage that are paid witnesses in the
    courts of the United States and at depositions ordered by such
    courts. In case of contumacy, failure, or refusal of any person to
    obey a subpoena or order of the Commission or an administrative law
    judge, respectively, to appear, to testify, or to produce
    documentary or physical evidence, any district court of the United
    States or the United States courts of any territory or possession,
    within the jurisdiction of which such person is found, or resides,
    or transacts business, shall, upon the application of the
    Commission, or the administrative law judge, respectively, have
    jurisdiction to issue to such person an order requiring such person
    to appear, to testify, or to produce evidence as ordered by the
    Commission or the administrative law judge, respectively, and any
    failure to obey such order of the court may be punished by the
    court as a contempt thereof.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 113, as added Pub. L. 95-164, title
    II, Sec. 201, Nov. 9, 1977, 91 Stat. 1313; 1978 Reorg. Plan No. 2,
    Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of the Federal Mine Safety and Health
    Amendments Act of 1977, referred to in subsec. (b)(2), see section
    307 of Pub. L. 95-164, set out as an Effective Date of 1977
    Amendment note under section 801 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section 729
    of this title prior to its repeal by Pub. L. 95-164.

                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted for
    "Civil Service Commission" in subsec. (b)(2) pursuant to Reorg.
    Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
    under section 1101 of Title 5, Government Organization and
    Employees, which transferred all functions vested by statute in
    United States Civil Service Commission to Director of Office of
    Personnel Management (except as otherwise specified), effective
    Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,
    Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

-End-



-CITE-
    30 USC Sec. 823a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 823a. Principal office in District of Columbia; proceedings
      held elsewhere

-STATUTE-
      The principal office of the Commission shall be in the District
    of Columbia. Whenever the Commission deems that convenience of the
    public or the parties may be promoted, or delay or expense may be
    minimized, it may hold hearings or conduct other proceedings at any
    other place.

-SOURCE-
    (Pub. L. 95-164, title III, Sec. 302(d), Nov. 9, 1977, 91 Stat.
    1320.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of Pub. L. 95-164, known as the
    Federal Mine Safety and Health Amendments Act of 1977, and not as
    part of Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, known as the
    Federal Mine Safety and Health Act of 1977 which comprises this
    chapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 824                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 824. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated, out of any moneys in the
    Treasury not otherwise appropriated, such sums as may be necessary
    to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 114, as added Pub. L. 95-164, title
    II, Sec. 201, Nov. 9, 1977, 91 Stat. 1315.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 825                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 825. Mandatory health and safety training

-STATUTE-
    (a) Approved program; regulations
      Each operator of a coal or other mine shall have a health and
    safety training program which shall be approved by the Secretary.
    The Secretary shall promulgate regulations with respect to such
    health and safety training programs not more than 180 days after
    the effective date of the Federal Mine Safety and Health Amendments
    Act of 1977. Each training program approved by the Secretary shall
    provide as a minimum that - 
        (1) new miners having no underground mining experience shall
      receive no less than 40 hours of training if they are to work
      underground. Such training shall include instruction in the
      statutory rights of miners and their representatives under this
      chapter, use of the self-rescue device and use of respiratory
      devices, hazard recognition, escapeways, walk around training,
      emergency procedures, basic ventilation, basic roof control,
      electrical hazards, first aid, and the health and safety aspects
      of the task to which he will be assigned;
        (2) new miners having no surface mining experience shall
      receive no less than 24 hours of training if they are to work on
      the surface. Such training shall include instruction in the
      statutory rights of miners and their representatives under this
      chapter, use of the self-rescue device where appropriate and use
      of respiratory devices where appropriate, hazard recognition,
      emergency procedures, electrical hazards, first aid, walk around
      training and the health and safety aspects of the task to which
      he will be assigned;
        (3) all miners shall receive no less than eight hours of
      refresher training no less frequently than once each 12 months,
      except that miners already employed on the effective date of the
      Federal Mine Safety and Health Amendments Act of 1977 shall
      receive this refresher training no more than 90 days after the
      date of approval of the training plan required by this section;
        (4) any miner who is reassigned to a new task in which he has
      had no previous work experience shall receive training in
      accordance with a training plan approved by the Secretary under
      this subsection in the safety and health aspects specific to that
      task prior to performing that task;
        (5) any training required by paragraphs (1), (2) or (4) shall
      include a period of training as closely related as is practicable
      to the work in which the miner is to be engaged.
    (b) Training compensation
      Any health and safety training provided under subsection (a) of
    this section shall be provided during normal working hours. Miners
    shall be paid at their normal rate of compensation while they take
    such training, and new miners shall be paid at their starting wage
    rate when they take the new miner training. If such training shall
    be given at a location other than the normal place of work, miners
    shall also be compensated for the additional costs they may incur
    in attending such training sessions.
    (c) Certificate
      Upon completion of each training program, each operator shall
    certify, on a form approved by the Secretary, that the miner has
    received the specified training in each subject area of the
    approved health and safety training plan. A certificate for each
    miner shall be maintained by the operator, and shall be available
    for inspection at the mine site, and a copy thereof shall be given
    to each miner at the completion of such training. When a miner
    leaves the operator's employ, he shall be entitled to a copy of his
    health and safety training certificates. False certification by an
    operator that training was given shall be punishable under section
    820(a) and (f) of this title; and each health and safety training
    certificate shall indicate on its face, in bold letters, printed in
    a conspicuous manner the fact that such false certification is so
    punishable.
    (d) Standards
      The Secretary shall promulgate appropriate standards for safety
    and health training for coal or other mine construction workers.
    (e) Proposed regulations
      (1) Within 180 days after the effective date of the Federal Mine
    Safety and Health Amendments Act of 1977, the Secretary shall
    publish proposed regulations which shall provide that mine rescue
    teams shall be available for rescue and recovery work to each
    underground coal or other mine in the event of an emergency. The
    costs of making advance arrangements for such teams shall be borne
    by the operator of each such mine.
      (2)(A) The Secretary shall issue regulations with regard to mine
    rescue teams which shall be finalized and in effect not later than
    18 months after June 15, 2006.
      (B) Such regulations shall provide for the following:
        (i) That such regulations shall not be construed to waive
      operator training requirements applicable to existing mine rescue
      teams.
        (ii) That the Mine Safety and Health Administration shall
      establish, and update every 5 years thereafter, criteria to
      certify the qualifications of mine rescue teams.
        (iii)(I) That the operator of each underground coal mine with
      more than 36 employees - 
          (aa) have an employee knowledgeable in mine emergency
        response who is employed at the mine on each shift at each
        underground mine; and
          (bb) make available two certified mine rescue teams whose
        members - 
            (AA) are familiar with the operations of such coal mine;
            (BB) participate at least annually in two local mine rescue
          contests;
            (CC) participate at least annually in mine rescue training
          at the underground coal mine covered by the mine rescue team;
          and
            (DD) are available at the mine within one hour ground
          travel time from the mine rescue station.

        (II)(aa) For the purpose of complying with subclause (I), an
      operator shall employ one team that is either an individual mine
      site mine rescue team or a composite team as provided for in item
      (bb)(BB).
        (bb) The following options may be used by an operator to comply
      with the requirements of item (aa):
          (AA) An individual mine-site mine rescue team.
          (BB) A multi-employer composite team that is made up of team
        members who are knowledgeable about the operations and
        ventilation of the covered mines and who train on a semi-annual
        basis at the covered underground coal mine - 
            (aaa) which provides coverage for multiple operators that
          have team members which include at least two active employees
          from each of the covered mines;
            (bbb) which provides coverage for multiple mines owned by
          the same operator which members include at least two active
          employees from each mine; or
            (ccc) which is a State-sponsored mine rescue team comprised
          of at least two active employees from each of the covered
          mines.

          (CC) A commercial mine rescue team provided by contract
        through a third-party vendor or mine rescue team provided by
        another coal company, if such team - 
            (aaa) trains on a quarterly basis at covered underground
          coal mines;
            (bbb) is knowledgeable about the operations and ventilation
          of the covered mines; and
            (ccc) is comprised of individuals with a minimum of 3 years
          underground coal mine experience that shall have occurred
          within the 10-year period preceding their employment on the
          contract mine rescue team.

          (DD) A State-sponsored team made up of State employees.

        (iv) That the operator of each underground coal mine with 36 or
      less employees shall - 
          (I) have an employee on each shift who is knowledgeable in
        mine emergency responses; and
          (II) make available two certified mine rescue teams whose
        members - 
            (aa) are familiar with the operations of such coal mine;
            (bb) participate at least annually in two local mine rescue
          contests;
            (cc) participate at least semi-annually in mine rescue
          training at the underground coal mine covered by the mine
          rescue team;
            (dd) are available at the mine within one hour ground
          travel time from the mine rescue station;
            (ee) are knowledgeable about the operations and ventilation
          of the covered mines; and
            (ff) are comprised of individuals with a minimum of 3 years
          underground coal mine experience that shall have occurred
          within the 10-year period preceding their employment on the
          contract mine rescue team.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 115, as added Pub. L. 95-164, title
    II, Sec. 201, Nov. 9, 1977, 91 Stat. 1315; amended Pub. L. 109-236,
    Sec. 4, June 15, 2006, 120 Stat. 497.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of the Federal Mine Safety and Health
    Amendments Act of 1977, referred to in subsecs. (a) and (e)(1), see
    section 307 of Pub. L. 95-164, set out as an Effective Date of 1977
    Amendment note under section 801 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (e). Pub. L. 109-236 designated existing
    provisions as par. (1) and added par. (2).

                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 826                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 826. Limitation on certain liability for rescue operations

-STATUTE-
    (a) In general
      No person shall bring an action against any covered individual or
    his or her regular employer for property damage or an injury (or
    death) sustained as a result of carrying out activities relating to
    mine accident rescue or recovery operations. This subsection shall
    not apply where the action that is alleged to result in the
    property damages or injury (or death) was the result of gross
    negligence, reckless conduct, or illegal conduct or, where the
    regular employer (as such term is used in this chapter) is the
    operator of the mine at which the rescue activity takes place.
    Nothing in this section shall be construed to preempt State
    workers' compensation laws.
    (b) Covered individual
      For purposes of subsection (a), the term "covered individual"
    means an individual - 
        (1) who is a member of a mine rescue team or who is otherwise a
      volunteer with respect to a mine accident; and
        (2) who is carrying out activities relating to mine accident
      rescue or recovery operations.
    (c) Regular employer
      For purposes of subsection (a), the term "regular employer" means
    the entity that is the covered employee's legal or statutory
    employer pursuant to applicable State law.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 116, as added Pub. L. 109-236, Sec.
    3, June 15, 2006, 120 Stat. 496.)

-End-


-CITE-
    30 USC SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS    01/03/2007 

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
            SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS        

-End-



-CITE-
    30 USC Sec. 841                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 841. Mandatory health standards for underground mines;
      enforcement; review; purpose

-STATUTE-
      (a) The provisions of sections 842 through 846 of this title and
    the applicable provisions of section 878 of this title shall be
    interim mandatory health standards applicable to all underground
    coal mines until superseded in whole or in part by improved
    mandatory health standards promulgated by the Secretary under the
    provisions of section 811 of this title, and shall be enforced in
    the same manner and to the same extent as any mandatory health
    standard promulgated under the provisions of section 811 of this
    title. Any orders issued in the enforcement of the interim
    standards set forth in this subchapter shall be subject to review
    as provided in subchapter I of this chapter.
      (b) Among other things, it is the purpose of this subchapter to
    provide, to the greatest extent possible, that the working
    conditions in each underground coal mine are sufficiently free of
    respirable dust concentrations in the mine atmosphere to permit
    each miner the opportunity to work underground during the period of
    his entire adult working life without incurring any disability from
    pneumoconiosis or any other occupation-related disease during or at
    the end of such period.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 201, Dec. 30, 1969, 83 Stat. 760.)


-MISC1-
                              EFFECTIVE DATE                          
      Subchapter operative six months after Dec. 30, 1969, except to
    the extent an earlier date is specifically provided for in Pub. L.
    91-173, see section 509 of Pub. L. 91-173, set out as a note under
    section 801 of this title.

-End-



-CITE-
    30 USC Sec. 842                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 842. Dust concentration and respiratory equipment

-STATUTE-
    (a) Samples; procedures; transmittal; notice of excess
      concentration; periodic reports to Secretary; contents
      Each operator of a coal mine shall take accurate samples of the
    amount of respirable dust in the mine atmosphere to which each
    miner in the active workings of such mine is exposed. Such samples
    shall be taken by any device approved by the Secretary and the
    Secretary of Health and Human Services and in accordance with such
    methods, at such locations, at such intervals, and in such manner
    as the Secretaries shall prescribe in the Federal Register within
    sixty days from December 30, 1969 and from time to time thereafter.
    Such samples shall be transmitted to the Secretary in a manner
    established by him, and analyzed and recorded by him in a manner
    that will assure application of the provisions of section 814(i) of
    this title when the applicable limit on the concentration of
    respirable dust required to be maintained under this section is
    exceeded. The results of such samples shall also be made available
    to the operator. Each operator shall report and certify to the
    Secretary at such intervals as the Secretary may require as to the
    conditions in the active workings of the coal mine, including, but
    not limited to, the average number of working hours worked during
    each shift, the quantity and velocity of air regularly reaching the
    working faces, the method of mining, the amount and pressure of the
    water, if any, reaching the working faces, and the number,
    location, and type of sprays, if any, used.
    (b) Standards; noncompliance permit; renewal; procedures;
      limitations; extension period
      Except as otherwise provided in this subsection - 
        (1) Effective on the operative date of this subchapter, each
      operator shall continuously maintain the average concentration of
      respirable dust in the mine atmosphere during each shift to which
      each miner in the active workings of such mine is exposed at or
      below 3.0 milligrams of respirable dust per cubic meter of air.
        (2) Effective three years after December 30, 1969, each
      operator shall continuously maintain the average concentration of
      respirable dust in the mine atmosphere during each shift to which
      each miner in the active workings of such mine is exposed at or
      below 2.0 milligrams of respirable dust per cubic meter of air.
        (3) Any operator who determines that he will be unable, using
      available technology, to comply with the provisions of paragraph
      (1) of this subsection, or the provisions of paragraph (2) of
      this subsection, as appropriate, may file with the Panel, no
      later than sixty days prior to the effective date of the
      applicable respirable dust standard established by such
      paragraphs, an application for a permit for noncompliance. If, in
      the case of an application for a permit for noncompliance with
      the 3.0 milligram standard established by paragraph (1) of this
      subsection, the application satisfies the requirements of
      subsection (c) of this section, the Panel shall issue a permit
      for noncompliance to the operator. If, in the case of an
      application for a permit for noncompliance with the 2.0 milligram
      standard established by paragraph (2) of this subsection, the
      application satisfies the requirements of subsection (c) of this
      section and the Panel determines that the applicant will be
      unable to comply with such standard, the Panel shall issue to the
      operator a permit for noncompliance.
        (4) In any case in which an operator, who has been issued a
      permit (including a renewal permit) for noncompliance under this
      section, determines, not more than ninety days prior to the
      expiration date of such permit, that he still is unable to comply
      with the standard established by paragraph (1) of this subsection
      or the standard established by paragraph (2) of this subsection,
      as appropriate, he may file with the Panel an application for
      renewal of the permit. Upon receipt of such application, the
      Panel, if it determines, after all interested persons have been
      notified and given an opportunity for a public hearing under
      section 804 of this title, that the application is in compliance
      with the provisions of subsection (c) of this section, and that
      the applicant will be unable to comply with such standard, may
      renew the permit.
        (5) Any such permit or renewal thereof so issued shall be in
      effect for a period not to exceed one year and shall entitle the
      permittee during such period to maintain continuously the average
      concentration of respirable dust in the mine atmosphere during
      each shift in the working places of such mine to which the permit
      applies at a level specified by the Panel, which shall be at the
      lowest level which the application shows the conditions,
      technology applicable to such mine, and other available and
      effective control techniques and methods will permit, but in no
      event shall such level exceed 4.5 milligrams of dust per cubic
      meter of air during the period when the 3.0 milligram standard is
      in effect, or 3.0 milligrams of dust per cubic meter of air
      during the period when the 2.0 milligram standard is in effect.
        (6) No permit or renewal thereof for noncompliance shall
      entitle any operator to an extension of time beyond eighteen
      months from December 30, 1969 to comply with the 3.0 milligram
      standard established by paragraph (1) of this subsection, or
      beyond seventy-two months from December 30, 1969 to comply with
      the 2.0 milligram standard established by paragraph (2) of this
      subsection.
    (c) Applications for noncompliance; contents
      Any application for an initial or renewal permit made pursuant to
    this section shall contain - 
        (1) a representation by the applicant and the engineer
      conducting the survey referred to in paragraph (2) of this
      subsection that the applicant is unable to comply with the
      standard applicable under subsection (b)(1) or (b)(2) of this
      section at specified working places because the technology for
      reducing the concentration of respirable dust at such places is
      not available, or because of the lack of other effective control
      techniques or methods, or because of any combination of such
      reasons;
        (2) an identification of the working places in such mine for
      which the permit is requested; the results of an engineering
      survey by a certified engineer of the respirable dust conditions
      of each working place of the mine with respect to which such
      application is filed and the ability to reduce such dust to the
      level required to be maintained in such place under this section;
      a description of the ventilation system of the mine and its
      capacity; the quantity and velocity of air regularly reaching the
      working faces; the method of mining; the amount and pressure of
      the water, if any, reaching the working faces; the number,
      location, and type of sprays, if any; action taken to reduce such
      dust; and such other information as the Panel may require; and
        (3) statements by the applicant and the engineer conducting
      such survey, of the means and methods to be employed to achieve
      compliance with the applicable standard, the progress made toward
      achieving compliance, and an estimate of when compliance can be
      achieved.
    (d) Promulgation of new standards; procedures
      Beginning six months after the operative date of this subchapter
    and from time to time thereafter, the Secretary of Health and Human
    Services shall establish, in accordance with the provisions of
    section 811 of this title, a schedule reducing the average
    concentration of respirable dust in the mine atmosphere during each
    shift to which each miner in the active workings is exposed below
    the levels established in this section to a level of personal
    exposure which will prevent new incidences of respiratory disease
    and the further development of such disease in any person. Such
    schedule shall specify the minimum time necessary to achieve such
    levels taking into consideration present and future advancements in
    technology to reach these levels.
    (e) Concentration of respirable dust
      References to concentrations of respirable dust in this
    subchapter mean the average concentration of respirable dust
    measured with a device approved by the Secretary and the Secretary
    of Health and Human Services.
    (f) Average concentration
      For the purpose of this subchapter, the term "average
    concentration" means a determination which accurately represents
    the atmospheric conditions with regard to respirable dust to which
    each miner in the active workings of a mine is exposed (1) as
    measured, during the 18 month period following December 30, 1969,
    over a number of continuous production shifts to be determined by
    the Secretary and the Secretary of Health and Human Services, and
    (2) as measured thereafter, over a single shift only, unless the
    Secretary and the Secretary of Health and Human Services find, in
    accordance with the provisions of section 811 of this title, that
    such single shift measurement will not, after applying valid
    statistical techniques to such measurement, accurately represent
    such atmospheric conditions during such shift.
    (g) Compliance inspections
      The Secretary shall cause to be made such frequent spot
    inspections as he deems appropriate of the active workings of coal
    mines for the purpose of obtaining compliance with the provisions
    of this subchapter.
    (h) Maintenance of respiratory equipment; substitutes for
      environmental controls
      Respiratory equipment approved by the Secretary and the Secretary
    of Health and Human Services shall be made available to all persons
    whenever exposed to concentrations of respirable dust in excess of
    the levels required to be maintained under this chapter. Use of
    respirators shall not be substituted for environmental control
    measures in the active workings. Each operator shall maintain a
    supply of respiratory equipment adequate to deal with occurrences
    of concentrations of respirable dust in the mine atmosphere in
    excess of the levels required to be maintained under this chapter.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 202, Dec. 30, 1969, 83 Stat. 760;
    Pub. L. 95-164, title II, Sec. 202(a), Nov. 9, 1977, 91 Stat. 1317;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (b)(1) and (d), see section 509 of Pub. L. 91-173, set out
    as a note under section 801 of this title.


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (e). Pub. L. 95-164 substituted a general
    reference to an "approved device" used to measure the average
    concentration of respirable dust for provisions which had referred
    to a specific device known as an "MRE instrument".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (a), (d)
    to (f), and (h) pursuant to section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective Nov. 9, 1977, see section
    307 of Pub. L. 95-164, set out as a note under section 801 of this
    title.

-End-



-CITE-
    30 USC Sec. 843                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 843. Medical examinations

-STATUTE-
    (a) Chest roentgenogram; availability; periodic intervals; other
      tests; transmittal of results; advice of rights
      The operator of a coal mine shall cooperate with the Secretary of
    Health and Human Services in making available to each miner working
    in a coal mine the opportunity to have a chest roentgenogram within
    eighteen months after December 30, 1969, a second chest
    roentgenogram within three years thereafter, and subsequent chest
    roentgenograms at such intervals thereafter of not to exceed five
    years as the Secretary of Health and Human Services prescribes.
    Each worker who begins work in a coal mine for the first time shall
    be given, as soon as possible after commencement of his employment,
    and again three years later if he is still engaged in coal mining,
    a chest roentgenogram; and in the event the second such chest
    roentgenogram shows evidence of the development of pneumoconiosis
    the worker shall be given, two years later if he is still engaged
    in coal mining, an additional chest roentgenogram. All chest
    roentgenograms shall be given in accordance with specifications
    prescribed by the Secretary of Health and Human Services and shall
    be supplemented by such other tests as the Secretary of Health and
    Human Services deems necessary. The films shall be read and
    classified in a manner to be prescribed by the Secretary of Health
    and Human Services, and the results of each reading on each such
    person and of such tests shall be submitted to the Secretary and to
    the Secretary of Health and Human Services, and, at the request of
    the miner, to his physician. The Secretary shall also submit such
    results to such miner and advise him of his rights under this
    chapter related thereto. Such specifications, readings,
    classifications, and tests shall, to the greatest degree possible,
    be uniform for all coal mines and miners in such mines.
    (b) Evidence of pneumoconiosis; option to transfer; wages
      (1) On and after the operative date of this subchapter, any miner
    who, in the judgment of the Secretary of Health and Human Services
    based upon such reading or other medical examinations, shows
    evidence of the development of pneumoconiosis shall be afforded the
    option of transferring from his position to another position in any
    area of the mine, for such period or periods as may be necessary to
    prevent further development of such disease, where the
    concentration of respirable dust in the mine atmosphere is not more
    than 2.0 milligrams of dust per cubic meter of air.
      (2) Effective three years after December 30, 1969, any miner who,
    in the judgment of the Secretary of Health and Human Services based
    upon such reading or other medical examinations, shows evidence of
    the development of pneumoconiosis shall be afforded the option of
    transferring from his position to another position in any area of
    the mine, for such period or periods as may be necessary to prevent
    further development of such disease, where the concentration of
    respirable dust in the mine atmosphere is not more than 1.0
    millograms (!1) of dust per cubic meter of air, or if such level is
    not attainable in such mine, to a position in such mine where the
    concentration of respirable dust is the lowest attainable below 2.0
    milligrams per cubic meter of air.

      (3) Any miner so transferred shall receive compensation for such
    work at not less than the regular rate of pay received by him
    immediately prior to his transfer.
    (c) Costs of examinations and tests
      No payment may be required of any miner in connection with any
    examination or test given him pursuant to this subchapter. Where
    such examinations or tests cannot be given, due to the lack of
    adequate medical or other necessary facilities or personnel, in the
    locality where the miner resides, arrangements shall be made to
    have them conducted, in accordance with the provisions of this
    subchapter, in such locality by the Secretary of Health and Human
    Services, or by an appropriate person, agency, or institution,
    public or private, under an agreement or arrangement between the
    Secretary of Health and Human Services and such person, agency, or
    institution. The operator of the mine shall reimburse the Secretary
    of Health and Human Services, or such person, agency, or
    institution, as the case may be, for the cost of conducting each
    examination or test made, in accordance with this subchapter, and
    shall pay whatever other costs are necessary to enable the miner to
    take such examinations or tests.
    (d) Autopsies
      If the death of any active miner occurs in any coal mine, or if
    the death of any active or inactive miner occurs in any other
    place, the Secretary of Health and Human Services is authorized to
    provide for an autopsy to be performed on such miner, with the
    consent of his surviving widow or, if he has no such widow, then
    with the consent of his surviving next of kin. The results of such
    autopsy shall be submitted to the Secretary of Health and Human
    Services and, with the consent of such survivor, to the miner's
    physician or other interested person. Such autopsy shall be paid
    for by the Secretary of Health and Human Services.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 203, Dec. 30, 1969, 83 Stat. 763;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For operative date of this subchapter, referred to in subsec.
    (b)(1), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88 which is classified to section 3508(b) of
    Title 20, Education.

-FOOTNOTE-
    (!1) So in original. Probably should be "milligrams".


-End-



-CITE-
    30 USC Sec. 844                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 844. Rock dust and gas hazards; controls

-STATUTE-
      The dust resulting from drilling in rock shall be controlled by
    the use of permissible dust collectors, or by water or water with a
    wetting agent, or by ventilation, or by any other method or device
    approved by the Secretary which is at least as effective in
    controlling such dust. Respiratory equipment approved by the
    Secretary and the Secretary of Health and Human Services shall be
    provided persons exposed for short periods to inhalation hazards
    from gas, dusts, fumes, or mist. When the exposure is for prolonged
    periods, other measures to protect such persons or to reduce the
    hazard shall be taken.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 204, Dec. 30, 1969, 83 Stat. 764;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88 which is classified to section 3508(b) of
    Title 20, Education.

-End-



-CITE-
    30 USC Sec. 845                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 845. Dust standards in presence of quartz

-STATUTE-
      In coal mining operations where the concentration of respirable
    dust in the mine atmosphere of any working place contains more than
    5 per centum quartz, the Secretary of Health and Human Services
    shall prescribe an appropriate formula for determining the
    applicable respirable dust standard under this subchapter for such
    working place and the Secretary shall apply such formula in
    carrying out his duties under this subchapter.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 205, Dec. 30, 1969, 83 Stat. 765;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88 which is classified to section 3508(b) of
    Title 20, Education.

-End-



-CITE-
    30 USC Sec. 846                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 846. Noise standards; promulgation of new standards; tests;
      procedures; protective devices

-STATUTE-
      On and after the operative date of this subchapter, the standards
    on noise prescribed under the Walsh-Healey Public Contracts Act, as
    amended [41 U.S.C. 35 et seq.], in effect October 1, 1969, shall be
    applicable to each coal mine and each operator of such mine shall
    comply with them. Within six months after December 30, 1969, the
    Secretary of Health and Human Services shall establish, and the
    Secretary shall publish, as provided in section 811 of this title,
    proposed mandatory health standards establishing maximum noise
    exposure levels for all underground coal mines. Beginning six
    months after the operative date of this subchapter, and at
    intervals of at least every six months thereafter, the operator of
    each coal mine shall conduct, in a manner prescribed by the
    Secretary of Health and Human Services, tests by a qualified person
    of the noise level at the mine and report and certify the results
    to the Secretary and the Secretary of Health and Human Services. In
    meeting such standard under this section, the operator shall not
    require the use of any protective device or system, including
    personal devices, which the Secretary or his authorized
    representative finds to be hazardous or cause a hazard to the
    miners in such mine.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 206, Dec. 30, 1969, 83 Stat. 765;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in text,
    see section 509 of Pub. L. 91-173, set out as an Effective Date
    note under section 801 of this title.
      The Walsh-Healey Public Contracts Act, as amended, referred to in
    text, probably means act June 30, 1936, ch. 881, 49 Stat. 2036, as
    amended, known as the Walsh-Healey Act, which is classified
    generally to sections 35 to 45 of Title 41, Public Contracts. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 35 of Title 41 and Tables. See also
    section 262 of Title 29, Labor.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88 which is classified to section 3508(b) of
    Title 20, Education.

-End-


-CITE-
    30 USC SUBCHAPTER III - INTERIM MANDATORY SAFETY
           STANDARDS FOR UNDERGROUND COAL MINES            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
                                COAL MINES

-End-



-CITE-
    30 USC Sec. 861                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 861. Mandatory safety standards for underground mines

-STATUTE-
    (a) Coverage; enforcement; review
      The provisions of sections 862 through 878 of this title shall be
    interim mandatory safety standards applicable to all underground
    coal mines until superseded in whole or in part by improved
    mandatory safety standards promulgated by the Secretary under the
    provisions of section 811 of this title, and shall be enforced in
    the same manner and to the same extent as any mandatory safety
    standard promulgated under section 811 of this title. Any orders
    issued in the enforcement of the interim standards set forth in
    this subchapter shall be subject to review as provided in
    subchapter I of this chapter.
    (b) Purpose; initiation of studies and research
      The purpose of this subchapter is to provide for the immediate
    application of mandatory safety standards developed on the basis of
    experience and advances in technology and to prevent newly created
    hazards resulting from new technology in coal mining. The Secretary
    of the Interior in coordination with the Secretary shall
    immediately initiate studies, investigations, and research to
    further upgrade such standards and to develop and promulgate new
    and improved standards promptly that will provide increased
    protection to the miners, particularly in connection with hazards
    from trolley wires, trolley feeder wires, and signal wires, the
    splicing and use of trailing cables, and in connection with
    improvements in vulcanizing of electric conductors, improvement in
    roof control measures, methane drainage in advance of mining,
    improved methods of measuring methane and other explosive gases and
    oxygen concentrations, and the use of improved underground
    equipment and other sources of power for such equipment.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 301, Dec. 30, 1969, 83 Stat. 765;
    Pub. L. 95-164, title II, Sec. 203, Nov. 9, 1977, 91 Stat. 1317.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (b). Pub. L. 95-164, Sec. 203(a), substituted "The
    Secretary of the Interior in coordination with the Secretary shall
    immediately initiate studies" for "The Secretary shall immediately
    initiate studies".
      Subsecs. (c), (d). Pub. L. 95-164, Sec. 203(b), struck out
    subsec. (c) which related to the modification of standards, and
    subsec. (d) which related to the applicability of section 553 of
    title 5 in cases where the provisions of sections 862 to 878 of
    this title had provided that certain actions, conditions, or
    requirements be carried out as prescribed by the Secretary or the
    Secretary of Health, Education, and Welfare.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                              EFFECTIVE DATE                          
      Subchapter operative 90 days after Dec. 30, 1969, except to the
    extent an earlier date is specifically provided for in Pub. L. 91-
    173, see section 509 of Pub. L. 91-173, set out as a note under
    section 801 of this title.

-End-



-CITE-
    30 USC Sec. 862                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 862. Roof support

-STATUTE-
    (a) Roof control plan; contents; review; availability
      Each operator shall undertake to carry out on a continuing basis
    a program to improve the roof control system of each coal mine and
    the means and measures to accomplish such system. The roof and ribs
    of all active underground roadways, travelways, and working places
    shall be supported or otherwise controlled adequately to protect
    persons from falls of the roof or ribs. A roof control plan and
    revisions thereof suitable to the roof conditions and mining system
    of each coal mine and approved by the Secretary shall be adopted
    and set out in printed form within sixty days after the operative
    date of this subchapter. The plan shall show the type of support
    and spacing approved by the Secretary. Such plan shall be reviewed
    periodically, at least every six months by the Secretary, taking
    into consideration any falls of roof or ribs or inadequacy of
    support of roof or ribs. No person shall proceed beyond the last
    permanent support unless adequate temporary support is provided or
    unless such temporary support is not required under the approved
    roof control plan and the absence of such support will not pose a
    hazard to the miners. A copy of the plan shall be furnished the
    Secretary or his authorized representative and shall be available
    to the miners and their representatives.
    (b) Creation of dangers by roof falls
      The method of mining followed in any coal mine shall not expose
    the miner to unusual dangers from roof falls caused by excessive
    widths of rooms and entries or faulty pillar recovery methods.
    (c) Location and supply of roof support material; safety devices
      for roof work
      The operator, in accordance with the approved plan, shall provide
    at or near each working face and at such other locations in the
    coal mine as the Secretary may prescribe an ample supply of
    suitable materials of proper size with which to secure the roof of
    all working places in a safe manner. Safety posts, jacks, or other
    approved devices shall be used to protect the workmen when roof
    material is being taken down, crossbars are being installed, roof
    bolt- holes are being drilled, roof bolts are being installed, and
    in such other circumstances as may be appropriate. Loose roof and
    overhanging or loose faces and ribs shall be taken down or
    supported. Except in the case of recovery work, supports knocked
    out shall be replaced promptly.
    (d) Roof bolts
      When installation of roof bolts is permitted, such roof bolts
    shall be tested in accordance with the approved roof control plan.
    (e) Recovery of roof bolts
      Roof bolts shall not be recovered where complete extractions of
    pillars are attempted, where adjacent to clay veins, or at the
    locations of other irregularities, whether natural or otherwise,
    that induce abnormal hazards. Where roof bolt recovery is
    permitted, it shall be conducted only in accordance with methods
    prescribed in the approved roof control plan, and shall be
    conducted by experienced miners and only where adequate temporary
    support is provided.
    (f) Safety inspections; correction of dangerous conditions
      Where miners are exposed to danger from falls of roof, face, and
    ribs the operator shall examine and test the roof, face, and ribs
    before any work or machine is started, and as frequently thereafter
    as may be necessary to insure safety. When dangerous conditions are
    found, they shall be corrected immediately.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 302, Dec. 30, 1969, 83 Stat. 766.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in subsec.
    (a), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 863                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 863. Ventilation

-STATUTE-
    (a) Equipment; approval; daily examinations
      All coal mines shall be ventilated by mechanical ventilation
    equipment installed and operated in a manner approved by an
    authorized representative of the Secretary and such equipment shall
    be examined daily and a record shall be kept of such examination.
    (b) Standards for air in work areas
      All active workings shall be ventilated by a current of air
    containing not less than 19.5 volume per centum of oxygen, not more
    than 0.5 volume per centum of carbon dioxide, and no harmful
    quantities of other noxious or poisonous gases; and the volume and
    velocity of the current of air shall be sufficient to dilute,
    render harmless, and to carry away, flammable, explosive, noxious,
    and harmful gases, and dust, and smoke and explosive fumes. The
    minimum quantity of air reaching the last open crosscut in any pair
    or set of developing entries and the last open crosscut in any pair
    or set of rooms shall be nine thousand cubic feet a minute, and the
    minimum quantity of air reaching the intake end of a pillar line
    shall be nine thousand cubic feet a minute. The minimum quantity of
    air in any coal mine reaching each working face shall be three
    thousand cubic feet a minute. Within three months after the
    operative date of this subchapter, the Secretary shall prescribe
    the minimum velocity and quantity of air reaching each working face
    of each coal mine in order to render harmless and carry away
    methane and other explosive gases and to reduce the level of
    respirable dust to the lowest attainable level. The authorized
    representative of the Secretary may require in any coal mine a
    greater quantity and velocity of air when he finds it necessary to
    protect the health or safety of miners. Within one year after the
    operative date of this subchapter, the Secretary or his authorized
    representative shall prescribe the maximum respirable dust level in
    the intake aircourses in each coal mine in order to reduce such
    level to the lowest attainable level. In robbing areas of
    anthracite mines, where the air currents cannot be controlled and
    measurements of the air cannot be obtained, the air shall have
    perceptible movement.
    (c) Line brattice; functions; exceptions; repairs; flame resistant
      material
      (1) Properly installed and adequately maintained line brattice or
    other approved devices shall be continuously used from the last
    open crosscut of an entry or room of each working section to
    provide adequate ventilation to the working faces for the miners
    and to remove flammable, explosive, and noxious gases, dust, and
    explosive fumes, unless the Secretary or his authorized
    representative permits an exception to this requirement, where such
    exception will not pose a hazard to the miners. When damaged by
    falls or otherwise, such line brattice or other devices shall be
    repaired immediately.
      (2) The space between the line brattice or other approved device
    and the rib shall be large enough to permit the flow of a
    sufficient volume and velocity of air to keep the working face
    clear of flammable, explosive, and noxious gases, dust, and
    explosive fumes.
      (3) Brattice cloth used underground shall be of flame-resistant
    material.
    (d) Pre-shift examinations and tests; scope; violations of
      mandatory standards; notification; posting of "DANGER" signs;
      restriction of entry; records; re-entry
      (1) Within three hours immediately preceding the beginning of any
    shift, and before any miner in such shift enters the active
    workings of a coal mine, certified persons designated by the
    operator of the mine shall examine such workings and any other
    underground area of the mine designated by the Secretary or his
    authorized representative. Each such examiner shall examine every
    working section in such workings and shall make tests in each such
    working section for accumulations of methane with means approved by
    the Secretary for detecting methane and shall make tests for oxygen
    deficiency with a permissible flame safety lamp or other means
    approved by the Secretary; examine seals and doors to determine
    whether they are functioning properly; examine and test the roof,
    face, and rib conditions in such working section; examine active
    roadways, travelways, and belt conveyors on which men are carried,
    approaches to abandoned areas, and accessible falls in such section
    for hazards; test by means of an anemometer or other device
    approved by the Secretary to determine whether the air in each
    split is traveling in its proper course and in normal volume and
    velocity; and examine for such other hazards and violations of the
    mandatory health or safety standards, as an authorized
    representative of the Secretary may from time to time require. Belt
    conveyors on which coal is carried shall be examined after each
    coal-producing shift has begun. Such mine examiner shall place his
    initials and the date and time at all places he examines. If such
    mine examiner finds a condition which constitutes a violation of a
    mandatory health or safety standard or any condition which is
    hazardous to persons who may enter or be in such area, he shall
    indicate such hazardous place by posting a "DANGER" sign
    conspiciously (!1) at all points which persons entering such
    hazardous place would be required to pass, and shall notify the
    operator of the mine. No person, other than an authorized
    representative of the Secretary or a State mine inspector or
    persons authorized by the operator to enter such place for the
    purpose of eliminating the hazardous condition therein, shall enter
    such place while such sign is so posted. Upon completing his
    examination, such mine examiner shall report the results of his
    examination to a person, designated by the operator to receive such
    reports at a designated station on the surface of the mine, before
    other persons enter the underground areas of such mine to work in
    such shift. Each such mine examiner shall also record the results
    of his examination with ink or indelible pencil in a book approved
    by the Secretary kept for such purpose in an area on the surface of
    the mine chosen by the operator to minimize the danger of
    destruction by fire or other hazard, and the record shall be open
    for inspection by interested persons.

      (2) No person (other than certified persons designated under this
    subsection) shall enter any underground area, except during any
    shift, unless an examination of such area as prescribed in this
    subsection has been made within eight hours immediately preceding
    his entrance into such area.
    (e) Daily examinations and tests; scope; imminent danger;
      withdrawal of persons; abatement of danger
      At least once during each coal-producing shift, or more often if
    necessary for safety, each working section shall be examined for
    hazardous conditions by certified persons designated by the
    operator to do so. Any such condition shall be corrected
    immediately. If such condition creates an imminent danger, the
    operator shall withdraw all persons from the area affected by such
    condition to a safe area, except those persons referred to in
    section 814(d) of this title, until the danger is abated. Such
    examination shall include tests for methane with a means approved
    by the Secretary for detecting methane and for oxygen deficiency
    with a permissible flame safety lamp or other means approved by the
    Secretary.
    (f) Weekly examination for hazardous conditions; scope;
      notification; repairs; imminent danger; withdrawal of persons;
      abatement; records
      In addition to the pre-shift and daily examinations required by
    this section, examinations for hazardous conditions, including
    tests for methane, and for compliance with the mandatory health or
    safety standards, shall be made at least once each week by a
    certified person designated by the operator in the return of each
    split of air where it enters the main return, on pillar falls, at
    seals, in the main return, at least one entry of each intake and
    return aircourse in its entirety, idle workings, and, insofar as
    safety considerations permit, abandoned areas. Such weekly
    examination need not be made during any week in which the mine is
    idle for the entire week, except that such examination shall be
    made before any other miner returns to the mine. The person making
    such examinations and tests shall place his initials and the date
    and time at the places examined, and if any hazardous condition is
    found, such condition shall be reported to the operator promptly.
    Any hazardous condition shall be corrected immediately. If such
    condition creates an imminent danger, the operator shall withdraw
    all persons from the area affected by such condition to a safe
    area, except those persons referred to in section 814(d) of this
    title, until such danger is abated. A record of these examinations,
    tests, and actions taken shall be recorded in ink or indelible
    pencil in a book approved by the Secretary kept for such purpose in
    an area on the surface of the mine chosen by the mine operator to
    minimize the danger of destruction by fire or other hazard, and the
    record shall be open for inspection by interested persons.
    (g) Weekly ventilation examinations; scope; records
      At least once each week, a qualified person shall measure the
    volume of air entering the main intakes and leaving the main
    returns, the volume passing through the last open crosscut in any
    pair or set of developing entries and the last open crosscut in any
    pair or set of rooms, the volume and, when the Secretary so
    prescribes, the velocity reaching each working face, the volume
    being delivered to the intake end of each pillar line, and the
    volume at the intake and return of each split of air. A record of
    such measurements shall be recorded in ink or indelible pencil in a
    book approved by the Secretary kept for such purpose in an area on
    the surface of the coal mine chosen by the operator to minimize the
    danger of destruction by fire or other hazard, and the record shall
    be open for inspection by interested persons.
    (h) Methane examinations at working place; periodic intervals;
      standards; procedures for different air contents of methane
      (1) At the start of each shift, tests for methane shall be made
    at each working place immediately before electrically operated
    equipment is energized. Such tests shall be made by qualified
    persons. If 1.0 volume per centum or more of methane is detected,
    electrical equipment shall not be energized, taken into, or
    operated in, such working place until the air therein contains less
    than 1.0 volume per centum of methane. Examinations for methane
    shall be made during the operation of such equipment at intervals
    of not more than twenty minutes during each shift, unless more
    frequent examinations are required by an authorized representative
    of the Secretary. In conducting such tests, such person shall use
    means approved by the Secretary for detecting methane.
      (2) If at any time the air at any working place, when tested at a
    point not less than twelve inches from the roof, face, or rib,
    contains 1.0 volume per centum or more of methane, changes or
    adjustments shall be made at once in the ventilation in such mine
    so that such air shall contain less than 1.0 volume per centum of
    methane. While such changes or adjustments are underway and until
    they have been achieved, power to electric face equipment located
    in such place shall be cut off, no other work shall be permitted in
    such place, and due precautions shall be carried out under the
    direction of the operator or his agent so as not to endanger other
    areas of the mine. If at any time such air contains 1.5 volume per
    centum or more of methane, all persons, except those referred to in
    section 814(d) of this title, shall be withdrawn from the area of
    the mine endangered thereby to a safe area, and all electric power
    shall be cut off from the endangered area of the mine, until the
    air in such working place shall contain less than 1.0 volume per
    centum of methane.
    (i) Methane examination of air returning from working section;
      periodic intervals; standards; procedures for different air
      contents; virgin territory
      (1) If, when tested, a split of air returning from any working
    section contains 1.0 volume per centum or more of methane, changes
    or adjustments shall be made at once in the ventilation in the mine
    so that such returning air shall contain less than 1.0 volume per
    centum of methane. Tests under this paragraph and paragraph (2) of
    this subsection shall be made at four-hour intervals during each
    shift by a qualified person designated by the operator of the mine.
    In making such tests, such person shall use means approved by the
    Secretary for detecting methane.
      (2) If, when tested, a split of air returning from any working
    section contains 1.5 volume per centum or more of methane, all
    persons, except those persons referred to in section 814(d) of this
    title, shall be withdrawn from the area of the mine endangered
    thereby to a safe area and all electric power shall be cut off from
    the endangered area of the mine, until the air in such split shall
    contain less than 1.0 volume per centum of methane.
      (3) In virgin territory, if the quantity of air in a split
    ventilating the active workings in such territory equals or exceeds
    twice the minimum volume of air prescribed in subsection (b) of
    this section for the last open crosscut, if the air in the split
    returning from such workings does not pass over trolley wires or
    trolley feeder wires, and if a certified person designated by the
    operator is continually testing the methane content of the air in
    such split during mining operations in such workings, it shall be
    necessary to withdraw all persons, except those referred to in
    section 814(d) of this title, from the area of the mine endangered
    thereby to a safe area and all electric power shall be cut off from
    the endangered area only when the air returning from such workings
    contains 2.0 volume per centum or more of methane.
    (j) Abandoned area air; pre-shift examination
      Air which has passed by an opening of any abandoned area shall
    not be used to ventilate any working place in the coal mine if such
    air contains 0.25 volume per centum or more of methane.
    Examinations of such air shall be made during the pre-shift
    examination required by subsection (d) of this section. In making
    such tests, a certified person designated by the operator shall use
    means approved by the Secretary for detecting methane. For the
    purposes of this subsection, an area within a panel shall not be
    deemed to be abandoned until such panel is abandoned.
    (k) Abandoned area air; inaccessible or unsafe for inspection; air
      from where pillars have been removed
      Air that has passed through an abandoned area or an area which is
    inaccessible or unsafe for inspection shall not be used to
    ventilate any working place in any mine. No air which has been used
    to ventilate an area from which the pillars have been removed shall
    be used to ventilate any working place in a mine, except that such
    air, if it does not contain 0.25 volume per centum or more of
    methane, may be used to ventilate enough advancing working places
    immediately adjacent to the line of retreat to maintain an orderly
    sequence of pillar recovery on a set of entries.
    (l) Methane monitors; required equipment; maintenance; warnings;
      deenergizing of equipment
      The Secretary or his authorized representative shall require, as
    an additional device for detecting concentrations of methane, that
    a methane monitor, approved as reliable by the Secretary after the
    operative date of this subchapter, be installed, when available, on
    any electric face cutting equipment, continuous miner, longwall
    face equipment, and loading machine, except that no monitor shall
    be required to be installed on any such equipment prior to the date
    on which such equipment is required to be permissible under section
    865(a) of this title. When installed on any such equipment, such
    monitor shall be kept operative and properly maintained and
    frequently tested as prescribed by the Secretary. The sensing
    device of such monitor shall be installed as close to the working
    face as practicable. Such monitor shall be set to deenergize
    automatically such equipment when such monitor is not operating
    properly and to give a warning automatically when the concentration
    of methane reaches a maximum percentage determined by an authorized
    representative of the Secretary which shall not be more than 1.0
    volume per centum of methane. An authorized representative of the
    Secretary shall require such monitor to deenergize automatically
    equipment on which it is installed when the concentration of
    methane reaches a maximum percentage determined by such
    representative which shall not be more than 2.0 volume per centum
    of methane.
    (m) Idle area inspections; authorized inspectors
      Idle and abandoned areas shall be inspected for methane and for
    oxygen deficiency and other dangerous conditions by a certified
    person with means approved by the Secretary as soon as possible but
    not more than three hours before other persons are permitted to
    enter or work in such areas. Persons, such as pumpmen, who are
    required regularly to enter such areas in the performance of their
    duties, and who are trained and qualified in the use of means
    approved by the Secretary for detecting methane and in the use of a
    permissible flame safety lamp or other means approved by the
    Secretary for detecting oxygen deficiency are authorized to make
    such examinations for themselves, and each such person shall be
    properly equipped and shall make such examinations upon entering
    any such area.
    (n) Intentional roof falls; prior inspections; safeguards
      Immediately before an intentional roof fall is made, pillar
    workings shall be examined by a qualified person designated by the
    operator to ascertain whether methane is present. Such person shall
    use means approved by the Secretary for detecting methane. If in
    such examination methane is found in amounts of 1.0 volume per
    centum or more, such roof fall shall not be made until changes or
    adjustments are made in the ventilation so that the air shall
    contain less than 1.0 volume per centum of methane.
    (o) Methane and dust control plans; contents
      A ventilation system and methane and dust control plan and
    revisions thereof suitable to the conditions and the mining system
    of the coal mine and approved by the Secretary shall be adopted by
    the operator and set out in printed form within ninety days after
    the operative date of this subchapter. The plan shall show the type
    and location of mechanical ventilation equipment installed and
    operated in the mine, such additional or improved equipment as the
    Secretary may require, the quantity and velocity of air reaching
    each working face, and such other information as the Secretary may
    require. Such plan shall be reviewed by the operator and the
    Secretary at least every six months.
    (p) Devices for detection of methane and oxygen deficiency;
      maintenance
      Each operator shall provide for the proper maintenance and care
    of the permissible flame safety lamp or any other approved device
    for detecting methane and oxygen deficiency by a person trained in
    such maintenance, and, before each shift, care shall be taken to
    insure that such lamp or other device is in a permissible
    condition.
    (q) Pillar recovery; areas without bleeder systems
      Where areas are being pillared on the operative date of this
    subchapter without bleeder entries, or without bleeder systems or
    an equivalent means, pillar recovery may be completed in the area,
    to the extent approved by an authorized representative of the
    Secretary, if the edges of pillar lines adjacent to active workings
    are ventilated with sufficient air to keep the air in open areas
    along the pillar lines below 1.0 volume per centum of methane.
    (r) Overcast and undercast intake air split requirements; time
      extension
      Each mechanized mining section shall be ventilated with a
    separate split of intake air directed by overcasts, undercasts, or
    the equivalent, except an extension of time, not in excess of nine
    months, may be permitted by the Secretary, under such conditions as
    he may prescribe, whenever he determines that this subsection
    cannot be complied with on the operative date of this subchapter.
    (s) Blasting; prior and subsequent examinations for methane
      In all underground areas of a coal mine, immediately before
    firing each shot or group of multiple shots and after blasting is
    completed, examinations for methane shall be made by a qualified
    person with means approved by the Secretary for detecting methane.
    If methane is found in amounts of 1.0 volume per centum or more,
    changes or adjustments shall be made at once in the ventilation so
    that the air shall contain less than 1.0 volume per centum of
    methane. No shots shall be fired until the air contains less than
    1.0 volume per centum of methane.
    (t) Mine fan stop plans; requisites
      Each operator shall adopt a plan within sixty days after the
    operative date of this subchapter which shall provide that when any
    mine fan stops, immediate action shall be taken by the operator or
    his agent (1) to withdraw all persons from the working sections,
    (2) to cut off the power in the mine in a timely manner, (3) to
    provide for restoration of power and resumption of work if
    ventilation is restored within a reasonable period as set forth in
    the plan after the working places and other active workings where
    methane is likely to accumulate are reexamined by a certified
    person to determine if methane in amounts of 1.0 volume per centum
    or more exists therein, and (4) to provide for withdrawal of all
    persons from the mine if ventilation cannot be restored within such
    reasonable time. The plan and revisions thereof approved by the
    Secretary shall be set out in printed form and a copy shall be
    furnished to the Secretary or his authorized representative.
    (u) Modifications affecting main air current or any split;
      withdrawal of personnel; removal of power
      Changes in ventilation which materially affect the main air
    current or any split thereof and which may affect the safety of
    persons in the coal mine shall be made only when the mine is idle.
    Only those persons engaged in making such changes shall be
    permitted in the mine during the change. Power shall be removed
    from the areas affected by the change before work starts to make
    the change and shall not be restored until the effect of the change
    has been ascertained and the affected areas determined to be safe
    by a certified person.
    (v) Reading and countersigning of daily and weekly reports;
      foreman; superintendent
      The mine foreman shall read and countersign promptly the daily
    reports of the pre-shift examiner and assistant mine foremen, and
    he shall read and countersign promptly the weekly report covering
    the examinations for hazardous conditions. Where such reports
    disclose hazardous conditions, they shall be corrected promptly. If
    such conditions create an imminent danger, the operator shall
    withdraw all persons from, or prevent any person from entering, as
    the case may be, the area affected by such conditions, except those
    persons referred to in section 814(d) of this title, until such
    danger is abated. The mine superintendent or assistant
    superintendent of the mine shall also read and countersign the
    daily and weekly reports of such persons.
    (w) Daily mine condition reports; requisites; signatures
      Each day, the mine foreman and each of his assistants shall enter
    plainly and sign with ink or indelible pencil in a book approved by
    the Secretary provided for that purpose a report of the condition
    of the mine or portion thereof under his supervision, which report
    shall state clearly the location and nature of any hazardous
    condition observed by him or reported to him during the day and
    what action was taken to remedy such condition. Such book shall be
    kept in an area on the surface of the mine chosen by the operator
    to minimize the danger of destruction by fire or other hazard, and
    shall be open for inspection by interested persons.
    (x) Reopening of abandoned or declared inactive mine; notification;
      inspection
      Before a coal mine is reopened after having been abandoned or
    declared inactive by the operator, the Secretary shall be notified,
    and an inspection shall be made of the entire mine by an authorized
    representative of the Secretary before mining operations commence.
    (y) Separation of intake and return aircourses from belt haulage
      entries; standards
      (1) In any coal mine opened after the operative date of this
    subchapter, the entries used as intake and return aircourses shall
    be separated from belt haulage entries, and each operator of such
    mine shall limit the velocity of the air coursed through belt
    haulage entries to the amount necessary to provide an adequate
    supply of oxygen in such entries, and to insure that the air
    therein shall contain less than 1.0 volume per centum of methane,
    and such air shall not be used to ventilate active working places.
    Whenever an authorized representative of the Secretary finds, in
    the case of any coal mine opened on or prior to the operative date
    of this subchapter which has been developed with more than two
    entries, that the conditions in the entries, other than belt
    haulage entries, are such as to permit adequately the coursing of
    intake or return air through such entries, (1) the belt haulage
    entries shall not be used to ventilate, unless such entries are
    necessary to ventilate, active working places, and (2) when the
    belt haulage entries are not necessary to ventilate the active
    working places, the operator of such mine shall limit the velocity
    of the air coursed through the belt haulage entries to the amount
    necessary to provide an adequate supply of oxygen in such entries,
    and to insure that the air therein shall contain less than 1.0
    volume per centum of methane.
      (2) In any coal mine opened on or after the operative date of
    this subchapter, or, in the case of a coal mine opened prior to
    such date, in any new working section of such mine, where trolley
    haulage systems are maintained and where trolley wires or trolley
    feeder wires are installed, an authorized representative of the
    Secretary shall require a sufficient number of entries or rooms as
    intake aircourses in order to limit, as prescribed by the
    Secretary, the velocity of air currents on such haulageways for the
    purpose of minimizing the hazards associated with fires and dust
    explosions in such haulageways.
    (z) Pillar extractions; bleeder systems and sealing requirements;
      standards
      (1) While pillars are being extracted in any area of a coal mine,
    such area shall be ventilated in the manner prescribed by this
    section.
      (2) Within nine months after the operative date of this
    subchapter, all areas from which pillars have been wholly or
    partially extracted and abandoned areas, as determined by the
    Secretary or his authorized representative, shall be ventilated by
    bleeder entries or by bleeder systems or equivalent means, or be
    sealed, as determined by the Secretary or his authorized
    representative. When ventilation of such areas is required, such
    ventilation shall be maintained so as continuously to dilute,
    render harmless, and carry away methane and other explosive gases
    within such areas and to protect the active workings of the mine
    from the hazards of such methane and other explosive gases. Air
    coursed through underground areas from which pillars have been
    wholly or partially extracted which enters another split of air
    shall not contain more than 2.0 volume per centum of methane, when
    tested at the point it enters such other split. When sealing is
    required, such seals shall be made in an approved manner so as to
    isolate with explosion-proof bulkheads such areas from the active
    workings of the mine.
      (3) In the case of mines opened on or after the operative date of
    this subchapter, or in the case of working sections opened on or
    after such date in mines opened prior to such date, the mining
    system shall be designed in accordance with a plan and revisions
    thereof approved by the Secretary and adopted by such operator so
    that, as each working section of the mine is abandoned, it can be
    isolated from the active workings of the mine with explosion-proof
    seals or bulkheads.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 303, Dec. 30, 1969, 83 Stat. 767.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (b), (l), (o), (q), (r), (t), (y), and (z)(2), (3), see
    section 509 of Pub. L. 91-173, set out as an Effective Date note
    under section 801 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "conspicuously".


-End-



-CITE-
    30 USC Sec. 864                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 864. Combustible materials and rock dusting

-STATUTE-
    (a) Accumulations; maintenance
      Coal dust, including float coal dust deposited on rock-dusted
    surfaces, loose coal, and other combustible materials, shall be
    cleaned up and not be permitted to accumulate in active workings,
    or on electric equipment therein.
    (b) Abatement of hazards in active working areas
      Where underground mining operations in active workings create or
    raise excessive amounts of dust, water or water with a wetting
    agent added to it, or other no less effective methods approved by
    the Secretary or his authorized representative, shall be used to
    abate such dust. In working places, particularly in distances less
    than forty feet from the face, water, with or without a wetting
    agent, or other no less effective methods approved by the Secretary
    or his authorized representative, shall be applied to coal dust on
    the ribs, roof, and floor to reduce dispersibility and to minimize
    the explosion hazard.
    (c) Rock dusting of all areas of underground mines; exceptions
      All underground areas of a coal mine, except those areas in which
    the dust is too wet or too high in incombustible content to
    propagate an explosion, shall be rock dusted to within forty feet
    of all working faces, unless such areas are inaccessible or unsafe
    to enter or unless the Secretary or his authorized representative
    permits an exception upon his finding that such exception will not
    pose a hazard to the miners. All crosscuts that are less than forty
    feet from a working face shall also be rock dusted.
    (d) Distribution of rock dust; places, quantities
      Where rock dust is required to be applied, it shall be
    distributed upon the top, floor, and sides of all underground areas
    of a coal mine and maintained in such quantities that the
    incombustible content of the combined coal dust, rock dust, and
    other dust shall be not less than 65 per centum, but the
    incombustible content in the return aircourses shall be no less
    than 80 per centum. Where methane is present in any ventilating
    current, the per centum of incombustible content of such combined
    dusts shall be increased 1.0 and 0.4 per centum for each 0.1 per
    centum of methane where 65 and 80 per centum, respectively, of
    incombustibles are required.
    (e) Limitation of applicability
      Subsections (b) through (d) of this section shall not apply to
    underground anthracite mines.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 304, Dec. 30, 1969, 83 Stat. 774.)

-End-



-CITE-
    30 USC Sec. 865                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 865. Electrical equipment

-STATUTE-
    (a) Allowable equipment; replacements; maintenance; permits for
      noncompliance; renewals; limitations; list of electric face
      equipment; survey of new and rebuilt equipment; publication of
      results
      (1) Effective one year after the operative date of this
    subchapter - 
        (A) all junction or distribution boxes used for making multiple
      power connections inby the last open crosscut shall be
      permissible;
        (B) all handheld electric drills, blower and exhaust fans,
      electric pumps, and such other low horsepower electric face
      equipment as the Secretary may designate within two months after
      the operative date of this subchapter which are taken into or
      used inby the last open crosscut of any coal mine shall be
      permissible;
        (C) all electric face equipment which is taken into or used
      inby the last open crosscut of any coal mine classified under any
      provision of law as gassy prior to the operative date of this
      subchapter shall be permissible; and
        (D) all other electric face equipment which is taken into or
      used inby the last crosscut of any coal mine, except a coal mine
      referred to in paragraph (2) of this subsection, which has not
      been classified under any provision of law as a gassy mine prior
      to the operative date of this subchapter shall be permissible.

      (2) Effective four years after the operative date of this
    subchapter, all electric face equipment, other than equipment
    referred to in paragraph (1)(B) of this subsection, which is taken
    into or used inby the last open crosscut of any coal mine which is
    operated entirely in coal seams located above the watertable and
    which has not been classified under any provision of law as a gassy
    mine prior to the operative date of this subchapter and in which
    one or more openings were made prior to December 30, 1969, shall be
    permissible, except that any operator of such mine who is unable to
    comply with the provisions of this paragraph on such effective date
    may file with the Panel an application for a permit for
    noncompliance ninety days prior to such date. If the Panel
    determines, after notice to all interested persons and an
    opportunity for a public hearing under section 804 of this title,
    that such application satisfies the provisions of paragraph (10) of
    this subsection and that such operator, despite his diligent
    efforts, will be unable to comply with such provisions, the Panel
    may issue to such operator such a permit. Such permit shall entitle
    the permittee to an additional extension of time to comply with the
    provisions of this paragraph of not to exceed twenty-four months,
    as determined by the Panel, from such effective date.
      (3) The operator of each coal mine shall maintain in permissible
    condition all electric face equipment required by this subsection
    to be permissible which is taken into or used inby the last open
    crosscut of any such mine.
      (4) Each operator of a coal mine shall, within two months after
    the operative date of this subchapter, file with the Secretary a
    statement listing all electric face equipment by type and
    manufacturer being used by such operator in connection with mining
    operations in such mine as of the date of such filing, and stating
    whether such equipment is permissible and maintained in permissible
    condition or is nonpermissible on such date of filing, and, if
    nonpermissible, whether such nonpermissible equipment has ever been
    rated as permissible, and such other information as the Secretary
    may require.
      (5) The Secretary shall promptly conduct a survey as to the total
    availability of new or rebuilt permissible electric face equipment
    and replacement parts for such equipment and, within six months
    after the operative date of this subchapter, publish the results of
    such survey.
      (6) Any operator of a coal mine who is unable to comply with the
    provisions of paragraph (1)(D) of this subsection within one year
    after the operative date of this subchapter may file with the Panel
    an application for a permit for noncompliance. If the Panel
    determines that such application satisfies the provisions of
    paragraph (10) of this subsection, the Panel shall issue to such
    operator a permit for noncompliance. Such permit shall entitle the
    permittee to an extension of time to comply with such provisions of
    paragraph (1)(D) of not to exceed twelve months, as determined by
    the Panel, from the date that compliance with the provisions of
    paragraph (1)(D) of this subsection is required.
      (7) Any operator of a coal mine issued a permit under paragraph
    (6) of this subsection who, ninety days prior to the termination of
    such permit, or renewal thereof, determines that he will be unable
    to comply with the provisions of paragraph (1)(D) of this
    subsection upon the expiration of such permit may file with the
    Panel an application for renewal thereof. Upon receipt of such
    application, the Panel, if it determines, after notice to all
    interested persons and an opportunity for a public hearing under
    section 804 of this title, that such application satisfies the
    provisions of paragraph (10) of this subsection and that such
    operator, despite his diligent efforts, will be unable to comply
    with the provisions of paragraph (1)(D), may renew the permit for a
    period not exceeding twelve months.
      (8) Any permit or renewal thereof issued pursuant to this
    subsection shall entitle the permittee to use such nonpermissible
    electric face equipment specified in the permit during the term of
    such permit.
      (9) Permits for noncompliance issued under paragraphs (6) or (7)
    of this subsection shall, in the aggregate, not extend the period
    of noncompliance more than forty-eight months after December 30,
    1969.
      (10) Any application for a permit of noncompliance filed under
    this subsection shall contain a statement by the operator - 
        (A) that he is unable to comply with paragraph (1)(D) or
      paragraph (2) of this subsection, as appropriate, within the time
      prescribed;
        (B) listing the nonpermissible electric face equipment being
      used by such operator in connection with mining operations in
      such mine on the operative date of this subchapter and the date
      of the application by type and manufacturer for which a
      noncompliance permit is requested and whether such equipment had
      ever been rated as permissible;
        (C) setting forth the actions taken from and after the
      operative date of this subchapter to comply with paragraph (1)(D)
      or paragraph (2) of this subsection, as appropriate, together
      with a plan setting forth a schedule of compliance with said
      paragraphs for each such equipment referred to in such paragraphs
      and being used by the operator in connection with mining
      operations in such mine with respect to which such permit is
      requested and the means and measures to be employed to achieve
      compliance; and
        (D) including such other information as the Panel may require.

      (11) No permit for noncompliance shall be issued under this
    subsection for any nonpermissible electric face equipment, unless
    such equipment was being used by an operator in connection with the
    mining operations in a coal mine on the operative date of this
    subchapter.
      (12) Effective one year after the operative date of this
    subchapter, all replacement equipment acquired for use in any mine
    referred to in this subsection shall be permissible and shall be
    maintained in a permissible condition, and in the event of any
    major overhaul of any item of equipment in use one year from the
    operative date of this subchapter such equipment shall be put in,
    and thereafter maintained in, a permissible condition, unless, in
    the opinion of the Secretary, such equipment or necessary
    replacement parts are not available.
    (b) Notification of permits
      A copy of any permit granted under this section shall be mailed
    immediately to a representative of the miners of the mine to which
    it pertains, and to the public official or agency of the State
    charged with administering State laws relating to coal mine health
    and safety in such mine.
    (c) Gassy mines; maintenance of equipment
      Any coal mine which, prior to the operative date of this
    subchapter, was classed gassy under any provision of law and was
    required to use permissible electric face equipment and to maintain
    such equipment in a permissible condition shall continue to use
    such equipment and to maintain such equipment in such condition.
    (d) Location of nonpermissible power connection units
      All power-connection points, except where permissible power
    connection units are used, outby the last open crosscut shall be in
    intake air.
    (e) Mine map; contents; modifications
      The location and the electrical rating of all stationary electric
    apparatus in connection with the mine electric system, including
    permanent cables, switchgear, rectifying substations, transformers,
    permanent pumps and trolley wires and trolley feeder wires, and
    settings of all direct-current circuit breakers protecting
    underground trolley circuits, shall be shown on a mine map. Any
    changes made in a location, electric rating, or setting shall be
    promptly shown on the map when the change is made. Such map shall
    be available to an authorized representative of the Secretary and
    to the miners in such mine.
    (f) Repairs; deenergizing of equipment; authorized personnel;
      locking out of disconnection devices
      All power circuits and electric equipment shall be deenergized
    before work is done on such circuits and equipment, except when
    necessary for trouble shooting or testing. In addition, energized
    trolley wires may be repaired only by a person trained to perform
    electrical work and to maintain electrical equipment and the
    operator of such mine shall require that such person wear approved
    and tested insulated shoes and wireman's gloves. No electrical work
    shall be performed on low-, medium-, or high-voltage distribution
    circuits or equipment, except by a qualified person or by a person
    trained to perform electrical work and to maintain electrical
    equipment under the direct supervision of a qualified person.
    Disconnecting devices shall be locked out and suitably tagged by
    the persons who performed such work, except that, in cases where
    locking out is not possible, such devices shall be opened and
    suitably tagged by such persons. Locks or tags shall be removed
    only by the persons who installed them or, if such persons are
    unavailable, by persons authorized by the operator or his agent.
    (g) Periodic examinations; maintenance; records; accessibility
      All electric equipment shall be frequently examined, tested, and
    properly maintained by a qualified person to assure safe operating
    conditions. When a potentially dangerous condition is found on
    electric equipment, such equipment shall be removed from service
    until such condition is corrected. A record of such examinations
    shall be kept and made available to an authorized representative of
    the Secretary and to the miners in such mine.
    (h) Electrical conductors
      All electric conductors shall be sufficient in size and have
    adequate current-carrying capacity and be of such construction that
    a rise in temperature resulting from normal operation will not
    damage the insulating materials.
    (i) Electrical connections
      All electrical connections or splices in conductors shall be
    mechanically and electrically efficient, and suitable connectors
    shall be used. All electrical connections or splices in insulated
    wire shall be reinsulated at least to the same degree of protection
    as the remainder of the wire.
    (j) Cables and wires; entry through metal frames
      Cables shall enter metal frames of motors, splice boxes, and
    electric compartments only through proper fittings. When insulated
    wires other than cables pass through metal frames the holes shall
    be substantially bushed with insulated bushings.
    (k) Support of power wires
      All power wires (except trailing cables on mobile equipment,
    specially designed cables conducting high-voltage power to
    underground rectifying equipment or transformers, or bare or
    insulated ground and return wires) shall be supported on well-
    insulated insulators and shall not contact combustible material,
    roof, or ribs.
    (l) Insulation of power wires; exceptions
      Power wires and cables, except trolley wires, trolley feeder
    wires, and bare signal wires, shall be insulated adequately and
    fully protected.
    (m) Circuit breakers; overload protection for three-phase motors
      Automatic circuit-breaking devices or fuses of the correct type
    and capacity shall be installed so as to protect all electric
    equipment and circuits against short circuit and overloads. Three-
    phase motors on all electric equipment shall be provided with
    overload protection that will deenergize all three phases in the
    event that any phase is overloaded.
    (n) Disconnecting switches for main power circuits; location and
      installation
      In all main power circuits, disconnecting switches shall be
    installed underground within five hundred feet of the bottoms of
    shafts and boreholes through which main power circuits enter the
    underground area of the mine and within five hundred feet of all
    other places where main power circuits enter the underground area
    of the mine.
    (o) Switches
      All electric equipment shall be provided with switches or other
    controls that are safely designed, constructed, and installed.
    (p) Lightning arresters
      Each ungrounded, exposed power conductor that leads underground
    shall be equipped with suitable lightning arresters of approved
    type within one hundred feet of the point where the circuit enters
    the mine. Lightning arresters shall be connected to a low
    resistance grounding medium on the surface which shall be separated
    from neutral grounds by a distance of not less than twenty-five
    feet.
    (q) Nonapproved devices
      No device for the purpose of lighting any coal mine which has not
    been approved by the Secretary or his authorized representative
    shall be permitted in such mine.
    (r) Deenergizing of electric face equipment
      An authorized representative of the Secretary may require in any
    mine that electric face equipment be provided with devices that
    will permit the equipment to be deenergized quickly in the event of
    an emergency.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 305, Dec. 30, 1969, 83 Stat. 775.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (a)(1), (2), (4) to (6), (10)(B), (C), (11), (12), and
    (c), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 866                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 866. Trailing cables

-STATUTE-
    (a) Requirements established for flame resistant cables
      Trailing cables used in coal mines shall meet the requirements
    established by the Secretary for flame-resistant cables.
    (b) Circuit breakers; markings and visual observation of position
      of disconnection devices
      Short-circuit protection for trailing cables shall be provided by
    an automatic circuit breaker or other no less effective device
    approved by the Secretary of adequate current-interrupting capacity
    in each ungrounded conductor. Disconnecting devices used to
    disconnect power from trailing cables shall be plainly marked and
    identified and such devices shall be equipped or designed in such a
    manner that it can be determined by visual observation that the
    power is disconnected.
    (c) Distribution center junctions; safety connections
      When two or more trailing cables junction to the same
    distribution center, means shall be provided to assure against
    connecting a trailing cable to the wrong size circuit breaker.
    (d) Temporary splices; usable period; exceptions; quality
      One temporary splice may be made in any trailing cable. Such
    trailing cable may only be used for the next twenty-four hour
    period. No temporary splice shall be made in a trailing cable
    within twenty-five feet of the machine, except cable reel
    equipment. Temporary splices in trailing cables shall be made in a
    workmanlike manner and shall be mechanically strong and well
    insulated. Trailing cables or hand cables which have exposed wires
    or which have splices that heat or spark under load shall not be
    used. As used in this subsection, the term "splice" means the
    mechanical joining of one or more conductors that have been
    severed.
    (e) Permanent splices; quality
      When permanent splices in trailing cables are made, they shall be
    - 
        (1) mechanically strong with adequate electrical conductivity
      and flexibility;
        (2) effectively insulated and sealed so as to exclude moisture;
      and
        (3) vulcanized or otherwise treated with suitable materials to
      provide flame-resistant qualities and good bonding to the outer
      jacket.
    (f) Clamping of cables
      Trailing cables shall be clamped to machines in a manner to
    protect the cables from damage and to prevent strain on the
    electrical connections. Trailing cables shall be adequately
    protected to prevent damage by mobile equipment.
    (g) Making and breaking of connections to junction boxes
      Trailing cable and power cable connections to junction boxes
    shall not be made or broken under load.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 306, Dec. 30, 1969, 83 Stat. 779.)

-End-



-CITE-
    30 USC Sec. 867                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 867. Grounding of equipment

-STATUTE-
    (a) Metallic enclosed power conductors; metallic frames and other
      equipment; methods
      All metallic sheaths, armors, and conduits enclosing power
    conductors shall be electrically continuous throughout and shall be
    grounded by methods approved by an authorized representative of the
    Secretary. Metallic frames, casings, and other enclosures of
    electric equipment that can become "alive" through failure of
    insulation or by contact with energized parts shall be grounded by
    methods approved by an authorized representative of the Secretary.
    Methods other than grounding which provide no less effective
    protection may be permitted by the Secretary or his authorized
    representative.
    (b) Frames of offtrack direct current machines; enclosures of
      related detached components
      The frames of all offtrack direct current machines and the
    enclosures of related detached components shall be effectively
    grounded, or otherwise maintained at no less safe voltages, by
    methods approved by an authorized representative of the Secretary.
    (c) Stationary high-voltage equipment powered by underground delta
      systems
      The frames of all stationary high-voltage equipment receiving
    power from ungrounded delta systems shall be grounded by methods
    approved by an authorized representative of the Secretary.
    (d) Repairs of high-voltage lines; exceptions
      High-voltage lines, both on the surface and underground, shall be
    deenergized and grounded before work is performed on them, except
    that repairs may be permitted, in the case of energized surface
    high-voltage lines, if such repairs are made by a qualified person
    in accordance with procedures and safeguards, including, but not
    limited to a requirement that the operator of such mine provide,
    test, and maintain protective devices in making such repairs, to be
    prescribed by the Secretary prior to the operative date of this
    subchapter.
    (e) Deenergizing of underground power circuits on idle days;
      exceptions
      When not in use, power circuits underground shall be deenergized
    on idle days and idle shifts, except that rectifiers and
    transformers may remain energized.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 307, Dec. 30, 1969, 83 Stat. 780.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in subsec.
    (d), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 868                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 868. Underground high-voltage distribution

-STATUTE-
    (a) Circuits entering underground areas of mines; circuit breakers
      High-voltage circuits entering the underground area of any coal
    mine shall be protected by suitable circuit breakers of adequate
    interrupting capacity which are properly tested and maintained as
    prescribed by the Secretary. Such breakers shall be equipped with
    devices to provide protection against under-voltage, grounded
    phase, short circuit, and overcurrent.
    (b) Circuits extending underground and supplying equipment; direct
      neutral grounds; ground conductors for frames, exceptions;
      location of disconnection devices, exceptions
      High-voltage circuits extending underground and supplying
    portable, mobile, or stationary high-voltage equipment shall
    contain either a direct or derived neutral which shall be grounded
    through a suitable resistor at the source transformers, and a
    grounding circuit, originating at the grounded side of the
    grounding resistor, shall extend along with the power conductors
    and serve as a grounding conductor for the frames of all high-
    voltage equipment supplied power from that circuit, except that
    the Secretary or his authorized representative may permit
    ungrounded high-voltage circuits to be extended underground to feed
    stationary electrical equipment if such circuits are either steel
    armored or installed in grounded, rigid steel conduit throughout
    their entire length, and upon his finding that such exception does
    not pose a hazard to the miners. Within one hundred feet of the
    point on the surface where high-voltage circuits enter the
    underground portion of the mine, disconnecting devices shall be
    installed and so equipped or designed in such a manner that it can
    be determined by visual observation that the power is disconnected,
    except that the Secretary or his authorized representative may
    permit such devices to be installed at a greater distance from such
    area of the mine if he determines, based on existing physical
    conditions, that such installation will be more accessible at a
    greater distance and will not pose any hazard to the miners.
    (c) Grounding resistors
      The grounding resistor, where required, shall be of the proper
    ohmic value to limit the voltage drop in the grounding circuit
    external to the resistor to not more than 100 volts under fault
    conditions. The grounding resistor shall be rated for maximum fault
    current continuously and insulated from ground for a voltage equal
    to the phase-to-phase voltage of the system.
    (d) Inclusion of fail safe ground check circuits in resistance
      grounded systems; operative functions; time extension
      Six months after the operative date of this subchapter, high-
    voltage, resistance grounded systems shall include a fail safe
    ground check circuit to monitor continuously the grounding circuit
    to assure continuity and the fail safe ground check circuit shall
    cause the circuit breaker to open when either the ground or pilot
    check wire is broken, or other no less effective device approved by
    the Secretary or his authorized representative to assure such
    continuity, except that an extension of time, not in excess of
    twelve months, may be permitted by the Secretary on a mine-by-mine
    basis if he determines that such equipment is not available.
    (e) Underground cables used in resistance grounded systems;
      metallic shields for power conductors; standards; splices
      (1) Underground high-voltage cables used in resistance grounded
    systems shall be equipped with metallic shields around each power
    conductor, with one or more ground conductors having a total cross-
    sectional area of not less than one-half the power conductor, and
    with an insulated internal or external conductor not smaller than
    No. 8 (AWG) for the ground continuity check circuit.
      (2) All such cables shall be adequate for the intended current
    and voltage. Splices made in such cables shall provide continuity
    of all components.
    (f) Couplers for power circuits; guidelines for construction
      Couplers that are used with medium-voltage or high-voltage power
    circuits shall be of the three-phase type with a full metallic
    shell, except that the Secretary may permit, under such guidelines
    as he may prescribe, no less effective couplers constructed of
    materials other than metal. Couplers shall be adequate for the
    voltage and current expected. All exposed metal on the metallic
    couplers shall be grounded to the ground conductor in the cable.
    The coupler shall be constructed so that the ground check
    continuity conductor shall be broken first and the ground
    conductors shall be broken last when the coupler is being
    uncoupled.
    (g) Connections of single-phase loads
      Single-phase loads, such as transformer primaries, shall be
    connected phase to phase.
    (h) Installation of underground transmission cables
      All underground high-voltage transmission cables shall be
    installed only in regularly inspected air courses and haulageways,
    and shall be covered, buried, or placed so as to afford protection
    against damage, guarded where men regularly work or pass under them
    unless they are six and one-half feet or more above the floor or
    rail, securely anchored, properly insulated, and guarded at ends,
    and covered, insulated, or placed to prevent contact with trolley
    wires and other low-voltage circuits.
    (i) Disconnection devices; location; visual observation of position
      of switch
      Disconnecting devices shall be installed at the beginning of
    branch lines in high-voltage circuits and equipped or designed in
    such a manner that it can be determined by visual observation that
    the circuit is deenergized when the switches are open.
    (j) Circuit breakers and disconnection devices; markings
      Circuit breakers and disconnecting switches underground shall be
    marked for identification.
    (k) Splices in cables used as trailing cables; terminations and
      splices in other cables
      In the case of high-voltage cables used as trailing cables,
    temporary splices shall not be used and all permanent splices shall
    be made in accordance with section 866(e) of this title.
    Terminations and splices in all other high-voltage cables shall be
    made in accordance with the manufacturer's specifications.
    (l) Grounding of frames of underground equipment
      Frames, supporting structures, and enclosures of stationary,
    portable, or mobile underground high-voltage equipment and all high-
    voltage equipment supplying power to such equipment receiving
    power from resistance grounded systems shall be effectively
    grounded to the high-voltage ground.
    (m) Moving of power centers, transformers, and cables;
      deenergizing; exceptions; safety guidelines; record of
      examinations
      Power centers and portable transformers shall be deenergized
    before they are moved from one location to another, except that,
    when equipment powered by sources other than such centers or
    transformers is not available, the Secretary may permit such
    centers and transformers to be moved while energized, if he
    determines that another equivalent or greater hazard may otherwise
    be created, and if they are moved under the supervision of a
    qualified person, and if such centers and transformers are examined
    prior to such movement by such person and found to be grounded by
    methods approved by an authorized representative of the Secretary
    and otherwise protected from hazards to the miner. A record shall
    be kept of such examinations. High-voltage cables, other than
    trailing cables, shall not be moved or handled at any time while
    energized, except that, when such centers and transformers are
    moved while energized as permitted under this subsection, energized
    high-voltage cables attached to such centers and transformers may
    be moved only by a qualified person and the operator of such mine
    shall require that such person wear approved and tested insulated
    wireman's gloves.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 308, Dec. 30, 1969, 83 Stat. 780.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in subsec.
    (d), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 869                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 869. Underground low- and medium-voltage alternating current
      circuits

-STATUTE-
    (a) Circuits providing power for three-phase equipment; circuit
      breakers
      Low- and medium-voltage power circuits serving three-phase
    alternating current equipment shall be protected by suitable
    circuit breakers of adequate interrupting capacity which are
    properly tested and maintained as prescribed by the Secretary. Such
    breakers shall be equipped with devices to provide protection
    against under-voltage, grounded phase, short circuit, and over-
    current.
    (b) Circuits used underground; direct neutral grounds; ground
      conductors for frames; exceptions; grounding resistors
      Low- and medium-voltage three-phase alternating-current circuits
    used underground shall contain either a direct or derived neutral
    which shall be grounded through a suitable resistor at the power
    center, and a grounding circuit, originating at the grounded side
    of the grounding resistor, shall extend along with the power
    conductors and serve as a grounding conductor for the frames of all
    the electrical equipment supplied power from that circuit, except
    that the Secretary or his authorized representative may permit
    ungrounded low- and medium-voltage circuits to be used underground
    to feed such stationary electrical equipment if such circuits are
    either steel armored or installed in grounded rigid steel conduit
    throughout their entire length. The grounding resistor, where
    required, shall be of the proper ohmic value to limit the ground
    fault current to 25 amperes. The grounding resistor shall be rated
    for maximum fault current continuously and insulated from ground
    for a voltage equal to the phase-to-phase voltage of the system.
    (c) Inclusion of fail safe ground check circuits in resistance
      ground systems; operative functions; time extension; couplers for
      power circuits; guidelines for construction
      Six months after the operative date of this subchapter, low- and
    medium-voltage resistance grounded systems shall include a fail
    safe ground check circuit to monitor continuously the grounding
    circuit to assure continuity which ground check circuit shall cause
    the circuit breaker to open when either the ground or pilot check
    wire is broken, or other no less effective device approved by the
    Secretary or his authorized representative to assure such
    continuity, except that an extension of time, not in excess of
    twelve months, may be permitted by the Secretary on a mine-by-mine
    basis if he determines that such equipment is not available. Cable
    couplers shall be constructed so that the ground check continuity
    conductor shall be broken first and the ground conductors shall be
    broken last when the coupler is being uncoupled.
    (d) Disconnecting devices installed in conjunction with circuit
      breakers; purpose; trailing cables for mobile equipment;
      guidelines for construction; time extension; splices
      Disconnecting devices shall be installed in conjunction with the
    circuit breaker to provide visual evidence that the power is
    disconnected. Trailing cables for mobile equipment shall contain
    one or more ground conductors having a cross sectional area of not
    less than one-half the power conductor, and, six months after the
    operative date of this subchapter, an insulated conductor for the
    ground continuity check circuit or other no less effective device
    approved by the Secretary or his authorized representative to
    assure such continuity, except that an extension of time, not in
    excess of twelve months may be permitted by the Secretary on a mine-
    by-mine basis if he determines that such equipment is not
    available. Splices made in the cables shall provide continuity of
    all components.
    (e) Connections of single phase loads
      Single phase loads shall be connected phase to phase.
    (f) Circuit breakers; markings
      Circuit breakers shall be marked for identification.
    (g) Trailing cables for medium voltage circuits; guidelines for
      construction
      Trailing cables for medium voltage circuits shall include
    grounding conductors, a ground check conductor, and ground metallic
    shields around each power conductor or a grounded metallic shield
    over the assembly, except that on equipment employing cable reels,
    cables without shields may be used if the insulation is rated 2,000
    volts or more.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 309, Dec. 30, 1969, 83 Stat. 782.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (c) and (d), see section 509 of Pub. L. 91-173, set out as
    an Effective Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 870                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 870. Trolley wires and trolley feeder wires

-STATUTE-
    (a) Intervals for cutoff switches
      Trolley wires and trolley feeder wires shall be provided with
    cutout switches at intervals of not more than 2,000 feet and near
    the beginning of all branch lines.
    (b) Overcurrent protection devices
      Trolley wires and trolley feeder wires shall be provided with
    overcurrent protection.
    (c) Location of wires
      Trolley wires and trolley feeder wires, high-voltage cables and
    transformers shall not be located inby the last open crosscut and
    shall be kept at least 150 feet from pillar workings.
    (d) Adequate insulation and guard devices; promulgation of safety
      guidelines
      Trolley wires, trolley feeder wires, and bare signal wires shall
    be insulated adequately where they pass through doors and
    stoppings, and where they cross other power wires and cables.
    Trolley wires and trolley feeder wires shall be guarded adequately
    (1) at all points where men are required to work or pass regularly
    under the wires; (2) on both sides of all doors and stoppings; and
    (3) at man-trip stations. The Secretary or his authorized
    representatives shall specify other conditions where trolley wires
    and trolley feeder wires shall be adequately protected to prevent
    contact by any person, or shall require the use of improved methods
    to prevent such contact. Temporary guards shall be provided where
    trackmen and other persons work in proximity to trolley wires and
    trolley feeder wires.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 310, Dec. 30, 1969, 83 Stat. 783.)

-End-



-CITE-
    30 USC Sec. 871                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 871. Fire protection

-STATUTE-
    (a) Firefighting equipment; promulgation of minimum requirements
      for equipment; existing requirements; examinations after blasting
      Each coal mine shall be provided with suitable firefighting
    equipment adapted for the size and conditions of the mine. The
    Secretary shall establish minimum requirements for the type,
    quality, and quantity of such equipment, and the interpretations of
    the Secretary or the Director of the United States Bureau of Mines
    relating to such equipment in effect on the operative date of this
    subchapter shall continue in effect until modified or superseded by
    the Secretary. After every blasting operation, an examination shall
    be made to determine whether fires have been started.
    (b) Underground storage areas for lubricating oils and greases;
      construction; exceptions
      Underground storage places for lubricating oil and grease shall
    be of fireproof construction. Except for specially prepared
    materials approved by the Secretary, lubricating oil and grease
    kept in all underground areas in a coal mine shall be in fireproof,
    closed metal containers or other no less effective containers
    approved by the Secretary.
    (c) Housing of underground structures, stations, shops, and pumps;
      construction; ventilation
      Underground transformer stations, battery-charging stations,
    substations, compressor stations, shops, and permanent pumps shall
    be housed in fireproof structures or areas. Air currents used to
    ventilate structures or areas enclosing electrical installations
    shall be coursed directly into the return. Other underground
    structures installed in a coal mine as the Secretary may prescribe
    shall be of fireproof construction.
    (d) Use of arc or flame in underground mines; fireproof enclosures;
      operations outside fireproof enclosures; procedures; standards
      All welding, cutting, or soldering with arc or flame in all
    underground areas of a coal mine shall, whenever practicable, be
    conducted in fireproof enclosures. Welding, cutting or soldering
    with arc or flame in other than a fireproof enclosure shall be done
    under the supervision of a qualified person who shall make a
    diligent search for fire during and after such operations and
    shall, immediately before and during such operations, continuously
    test for methane with means approved by the Secretary for detecting
    methane. Welding, cutting, or soldering shall not be conducted in
    air that contains 1.0 volume per centum or more of methane. Rock
    dust or suitable fire extinguishers shall be immediately available
    during such welding, cutting, or soldering.
    (e) Installation of fire suppression devices on unattended
      underground equipment; flame-resistant hydraulic fluids
      Within one year after the operative date of this subchapter, fire
    suppression devices meeting specifications prescribed by the
    Secretary shall be installed on unattended underground equipment
    and suitable fire-resistant hydraulic fluids approved by the
    Secretary shall be used in the hydraulic systems of such equipment.
    Such fluids shall be used in the hydraulic systems of other
    underground equipment unless fire suppression devices meeting
    specifications prescribed by the Secretary are installed on such
    equipment.
    (f) Deluge-type water sprays at main and secondary drives
      Deluge-type water sprays or foam generators automatically
    actuated by rise in temperature, or other no less effective means
    approved by the Secretary of controlling fire, shall be installed
    at main and secondary belt-conveyor drives. Where sprays or foam
    generators are used they shall supply a sufficient quantity of
    water or foam to control fires.
    (g) Installation of slippage and sequence switches on belt
      conveyors; fire suppression devices on belt haulageways
      Underground belt conveyors shall be equipped with slippage and
    sequence switches. The Secretary shall, within sixty days after the
    operative date of this subchapter, require that devices be
    installed on all such belts which will give a warning automatically
    when a fire occurs on or near such belt. The Secretary shall
    prescribe a schedule for installing fire suppression devices on
    belt haulageways.
    (h) Flame-resistant conveyor belt
      On and after the operative date of this subchapter, all conveyor
    belts acquired for use underground shall meet the requirements to
    be established by the Secretary for flame-resistant conveyor belts.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 311, Dec. 30, 1969, 83 Stat. 783;
    Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to subsecs.
    (a), (e), (g), and (h), see section 509 of Pub. L. 91-173, set out
    as an Effective Date note under section 801 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.

-End-



-CITE-
    30 USC Sec. 872                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 872. Maps

-STATUTE-
    (a) Fireproof repository; contents; certification
      The operator of a coal mine shall have in a fireproof repository
    located in an area on the surface of the mine chosen by the mine
    operator to minimize the danger of destruction by fire or other
    hazard, an accurate and up-to-date map of such mine drawn on scale.
    Such map shall show the active workings, all pillared, worked out,
    and abandoned areas, except as provided in this section, entries
    and aircourses with the direction of airflow indicated by arrows,
    contour lines of all elevations, elevations of all main and cross
    or side entries, dip of the coalbed, escapeways, adjacent mine
    workings within one thousand feet, mines above or below, water
    pools above, and either producing or abandoned oil and gas wells
    located within five hundred feet of such mine and any underground
    area of such mine, and such other information as the Secretary may
    require. Such map shall identify those areas of the mine which have
    been pillared, worked out, or abandoned which are inaccessible or
    cannot be entered safely and on which no information is available.
    Such map shall be made or certified by a registered engineer or a
    registered surveyor of the State in which the mine is located. Such
    map shall be kept up to date by temporary notations and such map
    shall be revised and supplemented at intervals prescribed by the
    Secretary on the basis of a survey made or certified by such
    engineer or surveyor.
    (b) Availability for inspection; confidential copies
      The coal mine map and any revision and supplement thereof shall
    be available for inspection by the Secretary or his authorized
    representative, by coal mine inspectors of the State in which the
    mine is located, by miners in the mine and their representatives
    and by operators of adjacent coal mines and by persons owning,
    leasing, or residing on surface areas of such mines or areas
    adjacent to such mines. The operator shall furnish to the Secretary
    or his authorized representative and to the Secretary of Housing
    and Urban Development, upon request, one or more copies of such map
    and any revision and supplement thereof. Such map or revision and
    supplement thereof shall be kept confidential and its contents
    shall not be divulged to any other person, except to the extent
    necessary to carry out the provisions of this chapter and in
    connection with the functions and responsibilities of the Secretary
    of Housing and Urban Development.
    (c) Notification of mine closures; filing of revised and
      supplemental map; certification
      Whenever an operator permanently closes or abandons a coal mine,
    or temporarily closes a coal mine for a period of more than ninety
    days, he shall promptly notify the Secretary of such closure.
    Within sixty days of the permanent closure or abandonment of the
    mine, or, when the mine is temporarily closed, upon the expiration
    of a period of ninety days from the date of closure, the operator
    shall file with the Secretary a copy of the mine map revised and
    supplemented to the date of the closure. Such copy of the mine map
    shall be certified by a registered surveyor or registered engineer
    of the State in which the mine is located and shall be available
    for public inspection.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 312, Dec. 30, 1969, 83 Stat. 785.)

-End-



-CITE-
    30 USC Sec. 873                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 873. Blasting and explosives

-STATUTE-
    (a) Limitations on storage and use of black powder and mudcaps
      Black blasting powder shall not be stored or used underground.
    Mudcaps (adobes) or other unconfined shots shall not be fired
    underground.
    (b) Storage of explosives and detonators; mudcaps in anthracite
      mines; restrictions; tests
      Explosives and detonators shall be kept in separate containers
    until immediately before blasting. In underground anthracite mines,
    (1) mudcaps or other open, unconfined shake shots may be fired, if
    restricted to battery starting when methane or a fire hazard is not
    present, and if it is otherwise impracticable to start the battery;
    (2) open, unconfined shake shots in pitching veins may be fired,
    when no methane or fire hazard is present, if the taking down of
    loose hanging coal by other means is too hazardous; and (3) tests
    for methane shall be made immediately before such shots are fired
    and if 1.0 volume per centum or more of methane is present, when
    tested, such shot shall not be made until the methane content is
    reduced below 1.0 volume per centum.
    (c) Permissible explosives, detonators, and devices; firing; stem
      boreholes; nonpermissible explosives; compressed air blasting
      Except as provided in this subsection, in all underground areas
    of a coal mine only permissible explosives, electric detonators of
    proper strength, and permissible blasting devices shall be used and
    all explosives and blasting devices shall be used in a permissible
    manner. Permissible explosives shall be fired only with permissible
    shot firing units. Only incombustible materials shall be used for
    stemming boreholes. The Secretary may, under such safeguards as he
    may prescribe, permit the firing of more than twenty shots and
    allow the use of nonpermissible explosives in sinking shafts and
    slopes from the surface in rock. Nothing in this section shall
    prohibit the use of compressed air blasting.
    (d) Container construction for carrying explosives or detonators in
      underground mines
      Explosives or detonators carried anywhere underground in a coal
    mine by any person shall be in containers constructed of
    nonconductive material, maintained in good condition, and kept
    closed.
    (e) Transportation of explosives or detonators in underground mines
      Explosives or detonators shall be transported in special closed
    containers (1) in cars moved by means of a locomotive or rope, (2)
    on belts, (3) in shuttle cars, or (4) in equipment designed
    especially to transport such explosives or detonators.
    (f) Storage of explosives and detonators in working sections of
      underground mines; containers; locations
      When supplies of explosives and detonators for use in one or more
    working sections are stored underground, they shall be kept in
    section boxes or magazines of substantial construction with no
    metal exposed on the inside, located at least twenty-five feet from
    roadways and power wires, and in a dry, well rock-dusted location
    protected from falls of roof, except in pitching beds, where it is
    not possible to comply with the location requirement, such boxes
    shall be placed in niches cut into the solid coal or rock.
    (g) Location of explosive and detonator containers in working
      places of underground mines
      Explosives and detonators stored in the working places shall be
    kept in separate closed containers which shall be located out of
    the line of blast and not less than fifty feet from the working
    face and fifteen feet from any pipeline, powerline, rail, or
    conveyor, except that, if kept in niches in the rib, the distance
    from any pipeline, powerline, rail, or conveyor shall be at least
    five feet. Such explosives and detonators, when stored, shall be
    separated by a distance of at least five feet.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 313, Dec. 30, 1969, 83 Stat. 785.)

-End-



-CITE-
    30 USC Sec. 874                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 874. Hoisting and mantrips

-STATUTE-
    (a) Transporting of persons; required equipment and capabilities;
      safety catches; daily examinations; operators
      Every hoist used to transport persons at a coal mine shall be
    equipped with overspeed, overwind, and automatic stop controls.
    Every hoist handling platforms, cages, or other devices used to
    transport persons shall be equipped with brakes capable of stopping
    the fully loaded platform, cage, or other device; with hoisting
    cable adequately strong to sustain the fully loaded platform, cage,
    or other device; and have a proper margin of safety. Cages,
    platforms, or other devices which are used to transport persons in
    shafts and slopes shall be equipped with safety catches or other no
    less effective devices approved by the Secretary that act quickly
    and effectively in an emergency, and such catches shall be tested
    at least once every two months. Hoisting equipment, including
    automatic elevators, that is used to transport persons shall be
    examined daily. Where persons are transported into, or out of, a
    coal mine by hoists, a qualified hoisting engineer shall be on duty
    while any person is underground, except that no such engineer shall
    be required for automatically operated cages, platforms, or
    elevators.
    (b) Promulgation of other safeguards
      Other safeguards adequate, in the judgment of an authorized
    representative of the Secretary, to minimize hazards with respect
    to transportation of men and materials shall be provided.
    (c) Rated capacities; indicator for position of cage
      Hoists shall have rated capacities consistent with the loads
    handled and the recommended safety factors of the ropes used. An
    accurate and reliable indicator of the position of the cage,
    platform, skip, bucket, or cars shall be provided.
    (d) Methods for signaling between shaft stations and hoist rooms
      There shall be at least two effective methods approved by the
    Secretary of signaling between each of the shaft stations and the
    hoist room, one of which shall be a telephone or speaking tube.
    (e) Braking equipment for haulage cars used in underground mines
      Each locomotive and haulage car used in an underground coal mine
    shall be equipped with automatic brakes, where space permits. Where
    space does not permit automatic brakes, locomotives and haulage
    cars shall be subject to speed reduction gear, or other similar
    devices approved by the Secretary which are designed to stop the
    locomotives and haulage cars with the proper margin of safety.
    (f) Automatic couplers for haulage equipment
      All haulage equipment acquired by an operator of a coal mine on
    or after one year after the operative date of this subchapter shall
    be equipped with automatic couplers which couple by impact and
    uncouple without the necessity of persons going between the ends of
    such equipment. All haulage equipment without automatic couplers in
    use in a mine on the operative date of this subchapter shall also
    be so equipped within four years after the operative date of this
    subchapter.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 314, Dec. 30, 1969, 83 Stat. 786.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in subsec.
    (f), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 875                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 875. Emergency shelters; construction; contents;
      implementation plans

-STATUTE-
      The Secretary or an authorized representative of the Secretary
    may prescribe in any coal mine that rescue chambers, properly
    sealed and ventilated, be erected at suitable locations in the mine
    to which persons may go in case of an emergency for protection
    against hazards. Such chambers shall be properly equipped with
    first aid materials, an adequate supply of air and self-contained
    breathing equipment, an independent communication system to the
    surface, and proper accommodations for the persons while awaiting
    rescue, and such other equipment as the Secretary may require. A
    plan for the erection, maintenance, and revisions of such chambers
    and the training of the miners in their proper use shall be
    submitted by the operator to the Secretary for his approval.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 315, Dec. 30, 1969, 83 Stat. 787.)

-End-



-CITE-
    30 USC Sec. 876                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 876. Communication facilities; locations and emergency
      response plans

-STATUTE-
    (a) In general
      Telephone service or equivalent two-way communication facilities,
    approved by the Secretary or his authorized representative, shall
    be provided between the surface and each landing of main shafts and
    slopes and between the surface and each working section of any coal
    mine that is more than one hundred feet from a portal.
    (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 June 15, 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 consideration all comments submitted by miners or their
        representatives. Approved plans shall - 
            (i) afford miners a level of safety protection at least
          consistent with the existing standards, including standards
          mandated by law and regulation;
            (ii) reflect the most recent credible scientific research;
            (iii) be technologically feasible, make use of current
          commercially available technology, and account for the
          specific physical characteristics of the mine; and
            (iv) reflect the improvements in mine safety gained from
          experience under this chapter and other worker safety and
          health laws.
        (D) Plan review
          The accident response plan under subparagraph (A) shall be
        reviewed periodically, but at least every 6 months, by the
        Secretary. In such periodic reviews, the Secretary shall
        consider all comments submitted by miners or miners'
        representatives and intervening advancements in science and
        technology that could be implemented to enhance miners' ability
        to evacuate or otherwise survive in an emergency.
        (E) Plan content-general requirements
          To be approved under subparagraph (C), an accident response
        plan shall include the following:
          (i) Post-accident communications
            The plan shall provide for a redundant means of
          communication with the surface for persons underground, such
          as secondary telephone or equivalent two-way communication.
          (ii) Post-accident tracking
            Consistent with commercially available technology and with
          the physical constraints, if any, of the mine, the plan shall
          provide for above ground personnel to determine the current,
          or immediately pre-accident, location of all underground
          personnel. Any system so utilized shall be functional,
          reliable, and calculated to remain serviceable in a post-
          accident setting.
          (iii) Post-accident breathable air
            The plan shall provide for - 
              (I) emergency supplies of breathable air for individuals
            trapped underground sufficient to maintain such individuals
            for a sustained period of time;
              (II) in addition to the 2 hours of breathable air per
            miner required by law under the emergency temporary
            standard as of the day before June 15, 2006, caches of self-
            rescuers providing in the aggregate not less than 2 hours
            per miner to be kept in escapeways from the deepest work
            area to the surface at a distance of no further than an
            average miner could walk in 30 minutes;
              (III) a maintenance schedule for checking the reliability
            of self rescuers, retiring older self-rescuers first, and
            introducing new self-rescuer technology, such as units with
            interchangeable air or oxygen cylinders not requiring
            doffing to replenish airflow and units with supplies of
            greater than 60 minutes, as they are approved by the
            Administration and become available on the market; and
              (IV) training for each miner in proper procedures for
            donning self-rescuers, switching from one unit to another,
            and ensuring a proper fit.
          (iv) Post-accident lifelines
            The plan shall provide for the use of flame-resistant
          directional lifelines or equivalent systems in escapeways to
          enable evacuation. The flame-resistance requirement of this
          clause shall apply upon the replacement of existing
          lifelines, or, in the case of lifelines in working sections,
          upon the earlier of the replacement of such lifelines or 3
          years after June 15, 2006.
          (v) Training
            The plan shall provide a training program for emergency
          procedures described in the plan which will not diminish the
          requirements for mandatory health and safety training
          currently required under section 825 of this title.
          (vi) Local coordination
            The plan shall set out procedures for coordination and
          communication between the operator, mine rescue teams, and
          local emergency response personnel and make provisions for
          familiarizing local rescue personnel with surface functions
          that may be required in the course of mine rescue work.
        (F) Plan content-specific requirements
          (i) In general
            In addition to the content requirements contained in
          subparagraph (E), and subject to the considerations contained
          in subparagraph (C), the Secretary may make additional plan
          requirements with respect to any of the content matters.
          (ii) Post accident communications
            Not later than 3 years after June 15, 2006, a plan shall,
          to be approved, provide for post accident communication
          between underground and surface personnel via a wireless two-
          way medium, and provide for an electronic tracking system
          permitting surface personnel to determine the location of any
          persons trapped underground or set forth within the plan the
          reasons such provisions can not be adopted. Where such plan
          sets forth the reasons such provisions can not be adopted,
          the plan shall also set forth the operator's alternative
          means of compliance. Such alternative shall approximate, as
          closely as possible, the degree of functional utility and
          safety protection provided by the wireless two-way medium and
          tracking system referred to in this subpart.(!1)

        (G) Plan dispute resolution
          (i) In general
            Any dispute between the Secretary and an operator with
          respect to the content of the operator's plan or any refusal
          by the Secretary to approve such a plan shall be resolved on
          an expedited basis.
          (ii) Disputes
            In the event of a dispute or refusal described in clause
          (i), the Secretary shall issue a citation which shall be
          immediately referred to a Commission Administrative Law
          Judge. The Secretary and the operator shall submit all
          relevant material regarding the dispute to the Administrative
          Law Judge within 15 days of the date of the referral. The
          Administrative Law Judge shall render his or her decision
          with respect to the plan content dispute within 15 days of
          the receipt of the submission.
          (iii) Further appeals
            A party adversely affected by a decision under clause (ii)
          may pursue all further available appeal rights with respect
          to the citation involved, except that inclusion of the
          disputed provision in the plan will not be limited by such
          appeal unless such relief is requested by the operator and
          permitted by the Administrative Law Judge.
        (H) Maintaining protections for miners
          Notwithstanding any other provision of this chapter, nothing
        in this section, and no response and preparedness plan
        developed under this section, shall be approved if it reduces
        the protection afforded miners by an existing mandatory health
        or safety standard.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 316, Dec. 30, 1969, 83 Stat. 787;
    Pub. L. 109-236, Sec. 2, June 15, 2006, 120 Stat. 493.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-236 inserted "and emergency response plans"
    after "locations" in section catchline, designated existing
    provisions as subsec. (a) and inserted heading, and added subsec.
    (b).

-FOOTNOTE-               

    (!1) So in original. Probably should be "subparagraph".


-End-



-CITE-
    30 USC Sec. 877                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 877. General safety provisions

-STATUTE-
    (a) Location of oil and gas wells; establishment and maintenance of
      barriers; minimum requisites; exceptions
      Each operator of a coal mine shall take reasonable measures to
    locate oil and gas wells penetrating coalbeds or any underground
    area of a coal mine. When located, such operator shall establish
    and maintain barriers around such oil and gas wells in accordance
    with State laws and regulations, except that such barriers shall
    not be less than three hundred feet in diameter, unless the
    Secretary or his authorized representative permits a lesser barrier
    consistent with the applicable State laws and regulations where
    such lesser barrier will be adequate to protect against hazards
    from such wells to the miners in such mine, or unless the Secretary
    or his authorized representative requires a greater barrier where
    the depth of the mine, other geologic conditions, or other factors
    warrant such a greater barrier.
    (b) Boreholes in advance of work face; distance in advance of work
      face; distance between boreholes
      Whenever any working place approaches within fifty feet of
    abandoned areas in the mine as shown by surveys made and certified
    by a registered engineer or surveyor, or within two hundred feet of
    any other abandoned areas of the mine which cannot be inspected and
    which may contain dangerous accumulations of water or gas, or
    within two hundred feet of any workings of an adjacent mine, a
    borehole or boreholes shall be drilled to a distance of at least
    twenty feet in advance of the working face of such working place
    and shall be continually maintained to a distance of at least ten
    feet in advance of the advancing working face. When there is more
    than one borehole, they shall be drilled sufficiently close to each
    other to insure that the advancing working face will not
    accidentally hole through into abandoned areas or adjacent mines.
    Boreholes shall also be drilled not more than eight feet apart in
    the rib of such working place to a distance of at least twenty feet
    and at an angle of forty-five degrees. Such rib holes shall be
    drilled in one or both ribs of such working place as may be
    necessary for adequate protection of miners in such place.
    (c) Prohibition against smoking; implementation programs
      No person shall smoke, carry smoking materials, matches, or
    lighters underground, or smoke in or around oil houses, explosives
    magazines, or other surface areas where such practice may cause a
    fire or explosion. The operator shall institute a program, approved
    by the Secretary, to insure that any person entering the
    underground area of the mine does not carry smoking materials,
    matches, or lighters.
    (d) Portable electric lamps; exceptions
      Persons underground shall use only permissible electric lamps
    approved by the Secretary for portable illumination. No open flame
    shall be permitted in the underground area of any coal mine, except
    as permitted under section 871(d) of this title.
    (e) Promulgation of lighting standards
      Within nine months after the operative date of this subchapter,
    the Secretary shall propose the standards under which all working
    places in a mine shall be illuminated by permissible lighting,
    within eighteen months after the promulgation of such standards,
    while persons are working in such places.
    (f) Escapeways; ventilation; maintenance; tests of passageways;
      protection of entrance; connection between mine openings
      (1) Except as provided in paragraphs (2) and (3) of this
    subsection, at least two separate and distinct travelable
    passageways which are maintained to insure passage at all times of
    any person, including disabled persons, and which are to be
    designated as escapeways, at least one of which is ventilated with
    intake air, shall be provided from each working section continuous
    to the surface escape drift opening, or continuous to the escape
    shaft or slope facilities to the surface, as appropriate, and shall
    be maintained in safe condition and properly marked. Mine openings
    shall be adequately protected to prevent the entrance into the
    underground area of the mine of surface fires, fumes, smoke, and
    flood water. Escape facilities approved by the Secretary or his
    authorized representative, properly maintained and frequently
    tested, shall be present at or in each escape shaft or slope to
    allow all persons, including disabled persons, to escape quickly to
    the surface in the event of an emergency.
      (2) When new coal mines are opened, not more than twenty miners
    shall be allowed at any one time in any mine until a connection has
    been made between the two mine openings, and such connections shall
    be made as soon as possible.
      (3) When only one mine opening is available, owing to final
    mining of pillars, not more than twenty miners shall be allowed in
    such mine at any one time, and the distance between the mine
    opening and working face shall not exceed five hundred feet.
      (4) In the case of all coal mines opened on or after the
    operative date of this subchapter, and in the case of all new
    working sections opened on or after such date in mines opened prior
    to such date, the escapeway required by this section to be
    ventilated with intake air shall be separated from the belt and
    trolley haulage entries of the mine for the entire length of such
    entries to the beginning of each working section, except that the
    Secretary or his authorized representative may permit such
    separation to be extended for a greater or lesser distance so long
    as such extension does not pose a hazard to the miners.
    (g) Erection of fireproof structures; prior existing structures;
      fire doors; monthly tests; records; availability
      After the operative date of this subchapter, all structures
    erected on the surface within one hundred feet of any mine opening
    shall be of fireproof construction. Unless structures existing on
    or prior to such date which are located within one hundred feet of
    any mine opening are of such construction, fire doors shall be
    erected at effective points in mine openings to prevent smoke or
    fire from outside sources endangering miners underground. These
    doors shall be tested at least monthly to insure effective
    operation. A record of such tests shall be kept in an area on the
    surface of the mine chosen by the operator to minimize the danger
    of destruction by fire or other hazard and shall be available for
    inspection by interested persons.
    (h) Prevention of accumulations of coal dust and methane gas;
      surface coal-handling facilities; air-intake openings
      Adequate measures shall be taken to prevent methane and coal dust
    from accumulating in excessive concentrations in or on surface coal-
    handling facilities, but in no event shall methane be permitted to
    accumulate in concentrations in or on surface coal-handling
    facilities in excess of limits established for methane by the
    Secretary within one year after the operative date of this
    subchapter. Where coal is dumped at or near air-intake openings,
    provisions shall be made to avoid dust from entering the mine.
    (i) Training programs
      Every operator of a coal mine shall provide a program, approved
    by the Secretary, of training and retraining of both qualified and
    certified persons needed to carry out functions prescribed in this
    chapter.
    (j) Electric face equipment; installation of canopies
      An authorized representative of the Secretary may require in any
    coal mine where the height of the coalbed permits that electric
    face equipment, including shuttle cars, be provided with
    substantially constructed canopies or cabs to protect the miners
    operating such equipment from roof falls and from rib and face
    rolls.
    (k) Mine entrances; sealing; prevention of entry by unauthorized
      personnel
      On and after the operative date of this subchapter, the opening
    of any coal mine that is declared inactive by its operator or is
    permanently closed or abandoned for more than ninety days, shall be
    sealed by the operator in a manner prescribed by the Secretary.
    Openings of all other mines shall be adequately protected in a
    manner prescribed by the Secretary to prevent entrance by
    unauthorized persons.
    (l) Facilities for changing and storing clothes; toilet and bathing
      facilities
      The Secretary may require any operator to provide adequate
    facilities for the miners to change from the clothes worn
    underground, to provide for the storing of such clothes from shift
    to shift, and to provide sanitary and bathing facilities. Sanitary
    toilet facilities shall be provided in the active workings of the
    mine when such surface facilities are not readily accessible to the
    active workings.
    (m) Emergency medical assistance preparations; locations for
      medical equipment; filing of implementation plans
      Each operator shall make arrangements in advance for obtaining
    emergency medical assistance and transportation for injured
    persons. Emergency communications shall be provided to the nearest
    point of assistance. Selected agents of the operator shall be
    trained in first aid and first aid training shall be made available
    to all miners. Each coal mine shall have an adequate supply of
    first aid equipment located on the surface, at the bottom of shafts
    and slopes, and at other strategic locations near the working
    faces. In fulfilling each of the requirements of this subsection,
    the operator shall meet at least minimum requirements prescribed by
    the Secretary of Health and Human Services. Within two months after
    the operative date of this subchapter, each operator shall file
    with the Secretary a plan setting forth in such detail as the
    Secretary may require the manner in which such operator has
    fulfilled the requirements in this subsection.
    (n) Self-rescue device; training of personnel
      A self-rescue device approved by the Secretary shall be made
    available to each miner by the operator which shall be adequate to
    protect such miner for one hour or longer. Each operator shall
    train each miner in the use of such device.
    (o) Methods of eliminating oxygen deficiencies
      The Secretary shall prescribe improved methods of assuring that
    miners are not exposed to atmospheres that are deficient in oxygen.
    (p) Identification check system; records
      Each operator of a coal mine shall establish a check-in and check-
    out system which will provide positive identification of every
    person underground, and will provide an accurate record of the
    persons in the mine kept on the surface in a place chosen to
    minimize the danger of destruction by fire or other hazard. Such
    record shall bear a number identical to an identification check
    that is securely fastened to the lamp belt worn by the person
    underground. The identification check shall be made of a rust
    resistant metal of not less than sixteen gauge.
    (q) Installation of devices to prevent and suppress ignition on
      electric cutting face equipment
      The Secretary shall require, when technologically feasible, that
    devices to prevent and suppress ignitions be installed on electric
    face cutting equipment.
    (r) Tunnelling under water; permits; contents; necessity; safety
      zones; restrictions
      Whenever an operator mines coal from a coal mine opened after the
    operative date of this subchapter, or from any new working section
    of a mine opened prior to such date, in a manner that requires the
    construction, operation, and maintenance of tunnels under any
    river, stream, lake, or other body of water, that is, in the
    judgment of the Secretary, sufficiently large to constitute a
    hazard to miners, such operator shall obtain a permit from the
    Secretary which shall include such terms and conditions as he deems
    appropriate to protect the safety of miners working or passing
    through such tunnels from cave-ins and other hazards. Such permits
    shall require, in accordance with a plan to be approved by the
    Secretary, that a safety zone be established beneath and adjacent
    to such body of water. No plan shall be approved unless there is a
    minimum of cover to be determined by the Secretary, based on test
    holes drilled by the operator in a manner to be prescribed by the
    Secretary. No such permit shall be required in the case of any new
    working section of a mine which is located under any water resource
    reservoir being constructed by a Federal agency on December 30,
    1969, the operator of which is required by such agency to operate
    in a manner that adequately protects the safety of miners working
    in such section from cave-ins and other hazards.
    (s) Drinking water
      An adequate supply of potable water shall be provided for
    drinking purposes in the active workings of the mine, and such
    water shall be carried, stored, and otherwise protected in sanitary
    containers.
    (t) Standards for prevention of explosions from nonmethane gases
      and for testing for accumulations
      Within one year after the operative date of this subchapter, the
    Secretary shall propose standards for preventing explosions from
    explosive gases other than methane and for testing for
    accumulations of such gases.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 317, Dec. 30, 1969, 83 Stat. 787;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (e), (f)(4), (g), (h), (k), (m), (r), and (t), see section
    509 of Pub. L. 91-173, set out as an Effective Date note under
    section 801 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (m)
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.

-End-



-CITE-
    30 USC Sec. 878                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 878. Definitions

-STATUTE-
      For the purpose of this subchapter and subchapter II of this
    chapter, the term - 
        (a) "certified" or "registered" as applied to any person means
      a person certified or registered by the State in which the coal
      mine is located to perform duties prescribed by such subchapters,
      except that, in a State where no program of certification or
      registration is provided or where the program does not meet at
      least minimum Federal standards established by the Secretary,
      such certification or registration shall be by the Secretary;
        (b) "qualified person" means, as the context requires,
          (1) an individual deemed qualified by the Secretary and
        designated by the operator to make tests and examinations
        required by this chapter; and
          (2) an individual deemed, in accordance with minimum
        requirements to be established by the Secretary, qualified by
        training, education, and experience, to perform electrical
        work, to maintain electrical equipment, and to conduct
        examinations and tests of all electrical equipment;

        (c) "permissible" as applied to - 
          (1) equipment used in the operation of a coal mine, means
        equipment, other than permissible electric face equipment, to
        which an approval plate, label, or other device is attached as
        authorized by the Secretary and which meets specifications
        which are prescribed by the Secretary for the construction and
        maintenance of such equipment and are designed to assure that
        such equipment will not cause a mine explosion or a mine fire,
          (2) explosives, shot firing units, or blasting devices used
        in such mine, means explosives, shot firing units, or blasting
        devices which meet specifications which are prescribed by the
        Secretary, and
          (3) the manner of use of equipment or explosives, shot firing
        units, and blasting devices, means the manner of use prescribed
        by the Secretary;

        (d) "rock dust" means pulverized limestone, dolomite, gypsum,
      anhydrite, shale, adobe, or other inert material, preferably
      light colored, 100 per centum of which will pass through a sieve
      having twenty meshes per linear inch and 70 per centum or more of
      which will pass through a sieve having two hundred meshes per
      linear inch; the particles of which when wetted and dried will
      not cohere to form a cake which will not be dispersed into
      separate particles by a light blast of air; and which does not
      contain more than 5 per centum of combustible matter or more than
      a total of 4 per centum of free and combined silica
      (SiO<sub>2</sub>), or, where the Secretary finds that such silica
      concentrations are not available, which does not contain more
      than 5 per centum of free and combined silica;
        (e) "anthracite" means coals with a volatile ratio equal to
      0.12 or less;
        (f) "volatile ratio" means volatile matter content divided by
      the volatile matter plus the fixed carbon;
        (g)(1) "working face" means any place in a coal mine in which
      work of extracting coal from its natural deposit in the earth is
      performed during the mining cycle,
        (2) "working place" means the area of a coal mine inby the last
      open crosscut,
        (3) "working section" means all areas of the coal mine from the
      loading point of the section to and including the working faces,
        (4) "active workings" means any place in a coal mine where
      miners are normally required to work or travel;
        (h) "abandoned areas" means sections, panels, and other areas
      that are not ventilated and examined in the manner required for
      working places under section 863 of this title;
        (i) "permissible" as applied to electric face equipment means
      all electrically operated equipment taken into or used inby the
      last open crosscut of an entry or a room of any coal mine the
      electrical parts of which, including, but not limited to,
      associated electrical equipment, components, and accessories, are
      designed, constructed, and installed, in accordance with the
      specifications of the Secretary, to assure that such equipment
      will not cause a mine explosion or mine fire, and the other
      features of which are designed and constructed, in accordance
      with the specifications of the Secretary, to prevent, to the
      greatest extent possible, other accidents in the use of such
      equipment; and the regulations of the Secretary or the Director
      of the United States Bureau of Mines in effect on the operative
      date of this subchapter relating to the requirements for
      investigation, testing, approval, certification, and acceptance
      of such equipment as permissible shall continue in effect until
      modified or superseded by the Secretary, except that the
      Secretary shall provide procedures, including, where feasible,
      testing, approval, certification, and acceptance in the field by
      an authorized representative of the Secretary, to facilitate
      compliance by an operator with the requirements of section 865(a)
      of this title within the periods prescribed therein;
        (j) "low voltage" means up to and including 660 volts; "medium
      voltage" means voltages from 661 to 1,000 volts; and "high
      voltage" means more than 1,000 volts;
        (k) Repealed. Pub. L. 95-164, title II, Sec. 202(b), Nov. 9,
      1977, 91 Stat. 1317.
        (l) "coal mine" includes areas of adjoining mines connected
      underground.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 318, Dec. 30, 1969, 83 Stat. 791;
    Pub. L. 95-164, title II, Sec. 202(b), Nov. 9, 1977, 91 Stat. 1317;
    Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in par.
    (i), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.


-MISC1-
                                AMENDMENTS                            
      1977 - Par. (k). Pub. L. 95-164 struck out par. (k) which defined
    "respirable dust" as dust particles 5 microns or less in size.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in par. (i) pursuant to section 10(b) of Pub. L. 102-285, set out
    as a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective Nov. 9, 1977, see section
    307 of Pub. L. 95-164, set out as a note under section 801 of this
    title.

-End-


-CITE-
    30 USC SUBCHAPTER IV - BLACK LUNG BENEFITS                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS

-HEAD-
                    SUBCHAPTER IV - BLACK LUNG BENEFITS                

-End-


-CITE-
    30 USC Part A - General Provisions                          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
                        PART A - GENERAL PROVISIONS                    

-End-



-CITE-
    30 USC Sec. 901                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
    Sec. 901. Congressional findings and declaration of purpose; short
      title

-STATUTE-
      (a) Congress finds and declares that there are a significant
    number of coal miners living today who are totally disabled due to
    pneumoconiosis arising out of employment in one or more of the
    Nation's coal mines; that there are a number of survivors of coal
    miners whose deaths were due to this disease; and that few States
    provide benefits for death or disability due to this disease to
    coal miners or their surviving dependents. It is, therefore, the
    purpose of this subchapter to provide benefits, in cooperation with
    the States, to coal miners who are totally disabled due to
    pneumoconiosis and to the surviving dependents of miners whose
    death was due to such disease; and to ensure that in the future
    adequate benefits are provided to coal miners and their dependents
    in the event of their death or total disability due to
    pneumoconiosis.
      (b) This subchapter may be cited as the "Black Lung Benefits
    Act".

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 401, Dec. 30, 1969, 83 Stat. 792;
    Pub. L. 92-303, Secs. 3(a), 4(b)(2), May 19, 1972, 86 Stat. 153,
    154; Pub. L. 95-239, Sec. 16, Mar. 1, 1978, 92 Stat. 105; Pub. L.
    97-119, title II, Sec. 203(a)(4), Dec. 29, 1981, 95 Stat. 1644.)


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (a). Pub. L. 97-119 struck out "or who were
    totally disabled by this disease at the time of their deaths" after
    "due to this disease" and "due to such disease".
      1978 - Pub. L. 95-239 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1972 - Pub. L. 92-303, Sec. 3(a), inserted "or who were totally
    disabled by this disease at the time of their deaths" after
    "disease" the first and third times it appeared and struck out
    "underground" before "coal mines".

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 206(a) of title II of Pub. L. 97-119 provided that:
    "Except as otherwise provided, the provisions of this title [see
    Short Title of 1981 Amendment note set out under section 801 of
    this title] shall take effect on January 1, 1982."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 20(a) of Pub. L. 95-239 provided that: "The provisions of
    this Act [see Short Title of 1978 Amendment note set out under
    section 801 of this title] shall take effect on the date of
    enactment of this Act [Mar. 1, 1978]."

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Section 3(c) of Pub. L. 92-303 provided that: "The amendments
    made by this section [amending this section and sections 902, 921,
    932, and 933 of this title] shall be effective as of December 30,
    1969."
      Amendment by section 4(b)(2) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 4(g) of Pub. L. 92-303, set out as a note under
    section 921 of this title.

                              EFFECTIVE DATE                          
      Subchapter effective Dec. 30, 1969, see section 509 of Pub. L. 91-
    173, set out as a note under section 801 of this title.

                               SEPARABILITY                           
      Section 206(b) of title II of Pub. L. 97-119 provided that: "If
    any provision of this title [see Short Title of 1981 Amendment
    note, set out under section 801 of this title], or the application
    of such provision to any person or circumstance, shall be held
    invalid, the remainder of this title, or the application of such
    provision to persons or circumstances other than those to which it
    is held invalid, shall not be affected thereby."

                 SPECIAL BENEFITS FOR DISABLED COAL MINERS             
      Pub. L. 102-394, title II, Oct. 6, 1992, 106 Stat. 1806, provided
    that: "For carrying out title IV of the Federal Mine Safety and
    Health Act of 1977 [30 U.S.C. 901 et seq.], including for fiscal
    year 1993 and thereafter the payment of travel expenses on an
    actual cost or commuted basis, to an individual, for travel
    incident to medical examinations, and when travel of more than 75
    miles is required, to parties, their representatives, and all
    reasonably necessary witnesses for travel within the United States,
    Puerto Rico and the Virgin Islands, to reconsideration interviews
    and to proceedings before administrative law judges, $601,313,000,
    to remain available until expended: Provided, That monthly benefit
    payments for fiscal year 1993 and thereafter shall be paid
    consistent with section 215(g) of the Social Security Act [42
    U.S.C. 415(g)]."

     STUDY OF CURRENT MEDICAL METHODS FOR DIAGNOSIS OF PNEUMOCONIOSIS
      AND NATURE AND EXTENT OF IMPAIRMENT ATTRIBUTABLE TO SIMPLE AND
              COMPLICATED PNEUMOCONIOSIS; REPORT TO CONGRESS
      Section 202(e) of Pub. L. 97-119 directed Secretary of Labor, in
    consultation with Secretary of Health and Human Services, to
    undertake a study of current medical methods for diagnosis of
    pneumoconiosis, and of nature and extent of impairment and
    disability that are attributable to the existence of both simple
    and complicated pneumoconiosis, with study, together with
    appropriate recommendations, to be transmitted to Congress no later
    than eighteen months after Jan. 1, 1982.

     STUDY OF BENEFITS UNDER THIS SUBCHAPTER, OTHER BENEFITS RECEIVED,
     AND BENEFITS IF STATE WORKERS' COMPENSATION PROGRAMS APPLICABLE;
                            REPORT TO CONGRESS
      Section 203(c) of Pub. L. 97-119 directed Secretary of Labor to
    undertake a study of the benefits provided by this subchapter,
    other benefits received by individuals who receive benefits under
    this subchapter, and benefits which would be received were State
    workers' compensation programs applicable in lieu of benefits under
    this subchapter, with study, together with appropriate
    recommendations, to be transmitted to Congress no later than
    eighteen months after Jan. 1, 1982.

-End-



-CITE-
    30 USC Sec. 902                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
    Sec. 902. Definitions

-STATUTE-
      For purposes of this subchapter - 
      (a) The term "dependent" means - 
        (1) a child as defined in subsection (g) of this section
      without regard to subparagraph (2)(B)(ii) thereof; or
        (2) a wife who is a member of the same household as the miner,
      or is receiving regular contributions from the miner for her
      support, or whose husband is a miner who has been ordered by a
      court to contribute to her support, or who meets the requirements
      of section 416(b)(1) or (2) of title 42. The determination of an
      individual's status as the "wife" of a miner shall be made in
      accordance with section 416(h)(1) of title 42 as if such miner
      were the "insured individual" referred to therein. The term
      "wife" also includes a "divorced wife" as defined in section
      416(d)(1) of title 42 who is receiving at least one-half of her
      support, as determined in accordance with regulations prescribed
      by the Secretary, from the miner, or is receiving substantial
      contributions from the miner (pursuant to a written agreement),
      or there is in effect a court order for substantial contributions
      to her support from such miner.

      (b) The term "pneumoconiosis" means a chronic dust disease of the
    lung and its sequelae, including respiratory and pulmonary
    impairments, arising out of coal mine employment.
      (c) The term "Secretary", except where expressly otherwise
    provided, means the Secretary of Labor.
      (d) The term "miner" means any individual who works or has worked
    in or around a coal mine or coal preparation facility in the
    extraction or preparation of coal. Such term also includes an
    individual who works or has worked in coal mine construction or
    transportation in or around a coal mine, to the extent such
    individual was exposed to coal dust as a result of such employment.
      (e) The term "widow" includes the wife living with or dependent
    for support on the miner at the time of his death, or living apart
    for reasonable cause or because of his desertion, or who meets the
    requirements of section 416(c)(1), (2), (3), (4), or (5),(!1) and
    section 416(k) of title 42, who is not married. The determination
    of an individual's status as the "widow" of a miner shall be made
    in accordance with section 416(h)(1) of title 42 as if such miner
    were the "insured individual" referred to therein. Such term also
    includes a "surviving divorced wife" as defined in section
    416(d)(2) of title 42 who for the month preceding the month in
    which the miner died, was receiving at least one-half of her
    support, as determined in accordance with regulations prescribed by
    the Secretary, from the miner, or was receiving substantial
    contributions from the miner (pursuant to a written agreement) or
    there was in effect a court order for substantial contributions to
    her support from the miner at the time of his death.

      (f)(1) The term "total disability" has the meaning given it by
    regulations of the Secretary of Health and Human Services, which
    were in effect on November 2, 2002, for claims under part B of this
    subchapter, and by regulations of the Secretary of Labor for claims
    under part C of this subchapter, subject to the relevant provisions
    of subsections (b) and (d) of section 923 of this title, except
    that - 
        (A) in the case of a living miner, such regulations shall
      provide that a miner shall be considered totally disabled when
      pneumoconiosis prevents him or her from engaging in gainful
      employment requiring the skills and abilities comparable to those
      of any employment in a mine or mines in which he or she
      previously engaged with some regularity and over a substantial
      period of time;
        (B) such regulations shall provide that (i) a deceased miner's
      employment in a mine at the time of death shall not be used as
      conclusive evidence that the miner was not totally disabled; and
      (ii) in the case of a living miner, if there are changed
      circumstances of employment indicative of reduced ability to
      perform his or her usual coal mine work, such miner's employment
      in a mine shall not be used as conclusive evidence that the miner
      is not totally disabled;
        (C) such regulations shall not provide more restrictive
      criteria than those applicable under section 423(d) of title 42;
      and
        (D) the Secretary of Labor, in consultation with the Director
      of the National Institute for Occupational Safety and Health,
      shall establish criteria for all appropriate medical tests under
      this subsection which accurately reflect total disability in coal
      miners as defined in subparagraph (A).

      (2) Criteria applied by the Secretary of Labor in the case of - 
        (A) any claim arising under part B of this subchapter or
      subject to a determination by the Secretary of Labor under
      section 945(a) (!1) of this title;
        (B) any claim which is subject to review by the Secretary of
      Labor under section 945(b) (!1) of this title; and
        (C) any claim filed on or before the effective date of
      regulations promulgated under this subsection by the Secretary of
      Labor;

    shall not be more restrictive than the criteria applicable to a
    claim filed on June 30, 1973, whether or not the final disposition
    of any such claim occurs after the date of such promulgation of
    regulations by the Secretary of Labor.
      (g) The term "child" means a child or a step-child who is - 
        (1) unmarried; and
        (2)(A) under eighteen years of age, or
        (B)(i) under a disability as defined in section 423(d) of title
      42,
        (ii) which began before the age specified in section
      402(d)(1)(B)(ii) of title 42, or, in the case of a student,
      before he ceased to be a student; or
        (C) a student.

    The term "student" means a "full-time student" as defined in
    section 402(d)(7) of title 42, or a "student" as defined in section
    8101(17) of title 5. The determination of an individual's status as
    the "child" of the miner or widow, as the case may be, shall be
    made in accordance with section 416(h)(2) or (3) of title 42 as if
    such miner or widow were the "insured individual" referred to
    therein.
      (h) The term "fund" means the Black Lung Disability Trust Fund
    established by section 9501 of title 26.
      (i) For the purposes of subsections (c) and (j) of section 932 of
    this title, and for the purposes of paragraph (7) of subsection (d)
    of section 9501 of title 26, the term "claim denied" means a claim -
     
        (1) for benefits under part B of this subchapter that was
      denied by the official responsible for administration of such
      part; or
        (2) in which (A) the claimant was notified by the Department of
      Labor of an administrative or informal denial more than 1 year
      prior to March 1, 1978, and did not, within 1 year from the date
      of notification of such denial, request a hearing, present
      additional evidence or indicate an intention to present
      additional evidence, or (B) the claim was denied under the law in
      effect prior to March 1, 1978, following a formal hearing or
      administrative or judicial review proceeding.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 402, Dec. 30, 1969, 83 Stat. 792;
    Pub. L. 92-303, Secs. 1(c)(2)-(4), 3(b), 4(a), May 19, 1972, 86
    Stat. 151-153; Pub. L. 95-239, Sec. 2, Mar. 1, 1978, 92 Stat. 95;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 97-119, title I, Sec. 104(b)(1), title II, Sec. 205(b),
    Dec. 29, 1981, 95 Stat. 1639, 1645; Pub. L. 99-514, Sec. 2, Oct.
    22, 1986, 100 Stat. 2095; Pub. L. 103-296, title I, Sec. 108(i)(1),
    Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107-275, Sec. 2(b)(1), Nov.
    2, 2002, 116 Stat. 1925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 416(c)(1), (2), (3), (4), or (5) of title 42, referred to
    in subsec. (e), was redesignated section 416(c)(1)(A), (B), (C),
    (D), and (E) by Pub. L. 108-203, title IV, Sec. 414(a)(2), (4),
    Mar. 2, 2004, 118 Stat. 529.
      Section 945 of this title, referred to in subsec. (f)(2)(A), (B),
    was repealed by Pub. L. 107-275, Sec. 2(c)(1), Nov. 2, 2002, 116
    Stat. 1926.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-275, Sec. 2(b)(1)(A), substituted
    ", except where expressly otherwise provided," for "where used in
    part C".
      Subsec. (f)(1). Pub. L. 107-275, Sec. 2(b)(1)(B), inserted ",
    which were in effect on November 2, 2002," after "Secretary of
    Health and Human Services".
      Subsec. (f)(2)(A). Pub. L. 107-275, Sec. 2(b)(1)(C)(ii), struck
    out comma after "Secretary of Labor".
      Pub. L. 107-275, Sec. 2(b)(1)(C)(i), substituted "arising under
    part B of this subchapter" for "which is subject to review by the
    Secretary of Health and Human Services,".
      Subsec. (i)(1). Pub. L. 107-275, Sec. 2(b)(1)(D), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows:
    "denied by the Social Security Administration; or".
      1994 - Subsec. (c). Pub. L. 103-296 substituted "where used in
    part C means the Secretary of Labor" for "where used in part B
    means the Secretary of Health, Education, and Welfare, and where
    used in part C means the Secretary of Labor".
      1986 - Subsecs. (h), (i). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954", which
    for purposes of codification was translated as "title 26" thus
    requiring no change in text.
      1981 - Subsec. (h). Pub. L. 97-119, Sec. 104(b)(1), substituted
    "by section 9501 of title 26" for "in section 934a(a)(1) of this
    title".
      Subsec. (i). Pub. L. 97-119, Sec. 205(b), added subsec. (i).
      1978 - Subsec. (b). Pub. L. 95-239, Sec. 2(a), substituted "a
    chronic dust disease of the lung and its sequelae, including
    respiratory and pulmonary impairments, arising out of coal mine
    employment" for "a chronic dust disease of the lung arising out of
    employment in a coal mine".
      Subsec. (d). Pub. L. 95-239, Sec. 2(b), substituted "any
    individual who works or has worked in or around a coal mine or coal
    preparation facility in the extraction or preparation of coal" for
    "any individual who is or was employed in a coal mine" and inserted
    provisions that extended to definition of the term "miner" so as to
    include also an individual who works or has worked in coal mine
    construction or transportation in or around a coal mine, to the
    extent that such individual was exposed to coal dust as a result of
    such employment.
      Subsec. (f). Pub. L. 95-239, Sec. 2(c), designated existing
    provisions as pars. (1)(A) and (1)(C), inserted references in the
    provisions preceding par. (1)(A) to regulations promulgated by the
    Secretary of Labor for claims under part C of this subchapter and
    to the relevant provisions of subsecs. (b) and (d) of section 923
    of this title, and added pars. (1)(B), (1)(D), and (2).
      Subsec. (h). Pub. L. 95-239, Sec. 2(d), added subsec. (h).
      1972 - Subsec. (a). Pub. L. 92-303, Sec. 1(c)(2), expanded
    definition of "dependent" to include children and wife without
    reference to section 8110 of title 5.
      Subsecs. (b), (d). Pub. L. 92-303, Sec. 3(b), substituted "a coal
    mine" for "an underground coal mine".
      Subsec. (e). Pub. L. 92-303, Sec. 1(c)(3), expanded definition of
    "widow" by reference to title 42 and provided procedure for the
    determination of the status.
      Subsec. (f). Pub. L. 92-303, Sec. 4(a), expanded definition of
    "total disability" to include a miner prevented from engaging in
    gainful employment by pneumoconiosis.
      Subsec. (g). Pub. L. 92-303, Sec. 1(c)(4), added subsec. (g).

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (f)
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-275, Sec. 4, Nov. 2, 2002, 116 Stat. 1928, provided
    that: "This Act [amending this section and sections 921 to 924,
    925, 932a, and 936 of this title, repealing sections 904, 924a, and
    945 of this title, and enacting provisions set out as notes under
    sections 801 and 921 of this title], and the amendments made by
    this Act, shall take effect 90 days after the date of enactment of
    this Act [Nov. 2, 2002]."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 205(b) of Pub. L. 97-119 effective Jan. 1,
    1982, except as otherwise provided, see section 206(a) of Pub. L.
    97-119, set out as a note under section 901 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Amendment by section 3(b) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 3(c) of Pub. L. 92-303, set out as a note under
    section 901 of this title.
      Amendment by section 4(a) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 4(g) of Pub. L. 92-303, set out as a note under
    section 921 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 903                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
    Sec. 903. Field offices

-STATUTE-
      (a) The Secretary of Labor shall establish and operate such field
    offices as may be necessary to assist miners and survivors of
    miners in the filing and processing of claims under this
    subchapter. Such field offices shall, to the extent feasible, be
    reasonably accessible to such miners and survivors. The Secretary,
    in connection with the establishment and operation of field
    offices, may enter into arrangements with other Federal departments
    and agencies, and with State agencies, for the use of existing
    facilities operated by such departments and agencies. Where the
    establishment of separate facilities is not feasible the Secretary
    may enter into such arrangements as he deems necessary with the
    heads of Federal departments, agencies, and instrumentalities and
    with State agencies for the use of existing facilities and
    personnel under their control.
      (b) There are authorized to be appropriated for the purposes of
    subsection (a) of this section such sums as may be necessary.

-SOURCE-
    (Pub. L. 95-239, Sec. 18, Mar. 1, 1978, 92 Stat. 105.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Black Lung Benefits Reform Act
    of 1977, and not as part of the Federal Mine Safety and Health Act
    of 1977 which comprises this chapter or the Black Lung Benefits Act
    which comprises this subchapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-
    239, set out as an Effective Date of 1978 Amendment note under
    section 901 of this title.

-End-



-CITE-
    30 USC Sec. 904                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
    Sec. 904. Repealed.

-MISC1-
    Sec. 904. Repealed. Pub. L. 107-275, Sec. 2(c)(2), Nov. 2, 2002,
      116 Stat. 1926.
      Section, Pub. L. 95-239, Sec. 19, Mar. 1, 1978, 92 Stat. 106,
    related to providing information to potential beneficiaries of
    changes made by Black Lung Benefits Reform Act of 1977.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 90 days after Nov. 2, 2002, see section 4 of
    Pub. L. 107-275, set out as an Effective Date of 2002 Amendment
    note under section 902 of this title.

-End-


-CITE-
    30 USC Part B - Claims for Benefits Filed on or Before
                     December 31, 1973                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
     PART B - CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973 

-End-



-CITE-
    30 USC Sec. 921                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 921. Regulations and presumptions

-STATUTE-
    (a) Promulgation; payment of benefits
      The Secretary shall, in accordance with the provisions of this
    part, and the regulations promulgated by him under this part, make
    payments of benefits in respect of total disability of any miner
    due to pneumoconiosis, and in respect of the death of any miner
    whose death was due to pneumoconiosis or, except with respect to a
    claim filed under part C of this subchapter on or after the
    effective date of the Black Lung Benefits Amendments of 1981, who
    at the time of his death was totally disabled by pneumoconiosis.
    (b) Promulgation of standards determining total disability
      The Secretary shall by regulation prescribe standards for
    determining for purposes of subsection (a) of this section whether
    a miner is totally disabled due to pneumoconiosis and for
    determining whether the death of a miner was due to pneumoconiosis.
    Regulations required by this subsection shall be promulgated and
    published in the Federal Register at the earliest practicable date
    after December 30, 1969, and in no event later than the end of the
    third month following December 1969. Final regulations required for
    implementation of any amendments to this subchapter shall be
    promulgated and published in the Federal Register at the earliest
    practicable date after the date of enactment of such amendments,
    and in no event later than the end of the fourth month following
    the month in which such amendments are enacted. Such regulations
    may be modified or additional regulations promulgated from time to
    time thereafter.
    (c) Presumptions
      For purposes of this section - 
        (1) If a miner who is suffering or suffered from pneumoconiosis
      was employed for ten years or more in one or more coal mines
      there shall be a rebuttable presumption that his pneumoconiosis
      arose out of such employment.
        (2) If a deceased miner was employed for ten years or more in
      one or more coal mines and died from a respirable disease there
      shall be a rebuttable presumption that his death was due to
      pneumoconiosis. The provisions of this paragraph shall not apply
      with respect to claims filed on or after the effective date of
      the Black Lung Benefits Amendments of 1981.
        (3) If a miner is suffering or suffered from a chronic dust
      disease of the lung which (A) when diagnosed by chest
      roentgenogram, yields one or more large opacities (greater than
      one centimeter in diameter) and would be classified in category
      A, B, or C in the International Classification of Radiographs of
      the Pneumoconioses by the International Labor Organization, (B)
      when diagnosed by biopsy or autopsy, yields massive lesions in
      the lung, or (C) when diagnosis is made by other means, would be
      a condition which could reasonably be expected to yield results
      described in clause (A) or (B) if diagnosis had been made in the
      manner prescribed in clause (A) or (B), then there shall be an
      irrebuttable presumption that he is totally disabled due to
      pneumoconiosis or that his death was due to pneumoconiosis, or
      that at the time of his death he was totally disabled by
      pneumoconiosis.(!1) as the case may be.

        (4) if (!2) a miner was employed for fifteen years or more in
      one or more underground coal mines, and if there is a chest
      roentgenogram submitted in connection with such miner's, his
      widow's, his child's, his parent's, his brother's, his sister's,
      or his dependent's claim under this subchapter and it is
      interpreted as negative with respect to the requirements of
      paragraph (3) of this subsection, and if other evidence
      demonstrates the existence of a totally disabling respiratory or
      pulmonary impairment, then there shall be a rebuttable
      presumption that such miner is totally disabled due to
      pneumoconiosis, that his death was due to pneumoconiosis, or that
      at the time of his death he was totally disabled by
      pneumoconiosis. In the case of a living miner, a wife's affidavit
      may not be used by itself to establish the presumption. The
      Secretary shall not apply all or a portion of the requirement of
      this paragraph that the miner work in an underground mine where
      he determines that conditions of a miner's employment in a coal
      mine other than an underground mine were substantially similar to
      conditions in an underground mine. The Secretary may rebut such
      presumption only by establishing that (A) such miner does not, or
      did not, have pneumoconiosis, or that (B) his respiratory or
      pulmonary impairment did not arise out of, or in connection with,
      employment in a coal mine. The provisions of this paragraph shall
      not apply with respect to claims filed on or after the effective
      date of the Black Lung Benefits Amendments of 1981.

        (5) In the case of a miner who dies on or before March 1, 1978,
      who was employed for 25 years or more in one or more coal mines
      before June 30, 1971, the eligible survivors of such miner shall
      be entitled to the payment of benefits, at the rate applicable
      under section 922(a)(2) of this title, unless it is established
      that at the time of his or her death such miner was not partially
      or totally disabled due to pneumoconiosis. Eligible survivors
      shall, upon request by the Secretary, furnish such evidence as is
      available with respect to the health of the miner at the time of
      his or her death. The provisions of this paragraph shall not
      apply with respect to claims filed on or after the day that is
      180 days after the effective date of the Black Lung Benefits
      Amendments of 1981.
    (d) Applicability of presumptions
      Nothing in subsection (c) of this section shall be deemed to
    affect the applicability of subsection (a) of this section in the
    case of a claim where the presumptions provided for therein are
    inapplicable.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 411, Dec. 30, 1969, 83 Stat. 793;
    Pub. L. 92-303, Secs. 3(a), 4(b)(1), (3), (c), (d), May 19, 1972,
    86 Stat. 153, 154; Pub. L. 95-239, Sec. 3(a), Mar. 1, 1978, 92
    Stat. 96; Pub. L. 97-119, title II, Secs. 202(b), 203(a)(5), Dec.
    29, 1981, 95 Stat. 1643, 1644; Pub. L. 103-296, title I, Sec.
    108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107-275, Sec.
    2(a), Nov. 2, 2002, 116 Stat. 1925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of the Black Lung Benefits Amendments of 1981,
    referred to in subsecs. (a) and (c)(2), (4), (5), is Jan. 1, 1982,
    except as otherwise provided. See section 206(a) of Pub. L. 97-119,
    set out as an Effective Date of 1981 Amendment note under section
    901 of this title.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsecs. (a), (b), (c)(4), (5). Pub. L. 107-275
    substituted "Secretary" for "Commissioner of Social Security"
    wherever appearing.
      1994 - Subsecs. (a), (b), (c)(4), (5). Pub. L. 103-296
    substituted "Commissioner of Social Security" for "Secretary"
    wherever appearing.
      1981 - Subsec. (a). Pub. L. 97-119, Sec. 203(a)(5), inserted ",
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Benefits Amendments of 1981," after "pneumoconiosis or".
      Subsec. (c)(2), (4). Pub. L. 97-119, Sec. 202(b)(1), inserted
    provision that this paragraph not apply with respect to claims
    filed on or after the effective date of the Black Lung Benefits
    Amendments of 1981.
      Subsec. (c)(5). Pub. L. 97-119, Sec. 202(b)(2), inserted
    provision that this paragraph not apply with respect to claims
    filed on or after the day that is 180 days after the effective date
    of the Black Lung Benefits Amendments of 1981.
      1978 - Subsec. (c). Pub. L. 95-239 capitalized and repunctuated
    the existing paragraphs to change their construction from that of
    uncapitalized clauses to complete sentences, and added par. (5).
      1972 - Subsec. (a). Pub. L. 92-303, Sec. 4(b)(1), substituted
    "pneumoconiosis or who at the time of his death was totally
    disabled by pneumoconiosis" for "pneumoconiosis".
      Subsec. (b). Pub. L. 92-303, Sec. 4(d), inserted provision for
    the promulgation and publication in the Federal Register of final
    regulations and their amendments and for time limits for
    publication.
      Subsec. (c)(1), (2). Pub. L. 92-303, Sec. 3(a), substituted "coal
    mines" for "underground coal mines".
      Subsec. (c)(3). Pub. L. 92-303, Sec. 4(b)(3), inserted
    presumption that at the time of death the miner was totally
    disabled by pneumoconiosis.
      Subsec. (c)(4). Pub. L. 92-303, Sec. 4(c), added par. (4).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as
    otherwise provided, see section 206(a) of Pub. L. 97-119, set out
    as a note under section 901 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Amendment by section 3(a) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 3(c) of Pub. L. 92-303, set out as a note under
    section 901 of this title.
      Section 4(g) of Pub. L. 92-303 provided that: "The amendments
    made by this section [amending this section and sections 901, 902,
    923, and 931 of this title] shall be effective as of December 30,
    1969."

                          TRANSITIONAL PROVISIONS                      
      Pub. L. 107-275, Sec. 3, Nov. 2, 2002, 116 Stat. 1926, provided
    that:
      "(a) Applicability. - This section shall apply to the transfer of
    all functions relating to the administration of part B of
    subchapter IV (30 U.S.C. 901 et seq.) [probably means 30 U.S.C. 921
    et seq.] from the Commissioner of Social Security (hereinafter in
    this section referred to as the 'Commissioner') to the Secretary of
    Labor, as provided by this Act [see Short Title of 2002 Amendment
    note set out under section 801 of this title].
      "(b) Transfer of Assets, Liabilities, etc. - 
        "(1) The Commissioner shall transfer to the Secretary of Labor
      all property and records that the Director of the Office of
      Management and Budget determines relate to the functions
      transferred to the Secretary of Labor by this Act or amendments
      made by this Act.
        "(2) Section 1531 of title 31, United States Code, shall apply
      in carrying out this Act and amendments made by this Act, except
      that, for purposes of carrying out this Act and amendments made
      by this Act, the functions of the President under section 1531(b)
      shall be performed by the Director of the Office of Management
      and Budget unless otherwise directed by the President.
      "(c) Continuation of Orders, Determinations, etc. - 
        "(1) This Act shall not affect the validity of any order,
      determination, rule, regulation, operating procedure (to the
      extent applicable to the Secretary of Labor), or contract that - 
          "(A) relates to a function transferred by this Act; and
          "(B) is in effect on the date this Act takes effect [see
        Effective Date of 2002 Amendment note set out under section 902
        of this title].
        "(2) Any order, determination, rule, regulation, operating
      procedure, or contract described in paragraph (1) shall - 
          "(A) apply on and after the effective date of this Act to the
        Secretary of Labor; and
          "(B) continue in effect, according to its terms, until it is
        modified, superseded, terminated, or otherwise deprived of
        legal effect by the Secretary of Labor, a court of competent
        jurisdiction, or operation of law.
      "(d) Continuation of Administrative Proceedings. - 
        "(1) Any proceeding before the Commissioner involving the
      functions transferred by this Act that is pending on the date
      this Act takes effect shall continue before the Secretary of
      Labor, except as provided in paragraph (2).
        "(2) Any proceeding pending before an Administrative Law Judge
      or the Appeals Council pursuant to part B and the applicable
      regulations of the Secretary of Health and Human Services shall
      continue before the Commissioner consistent with the following
      provisions:
          "(A) Any proceeding described in this paragraph shall
        continue as if this Act had not been enacted, and shall include
        all rights to hearing, administrative review, and judicial
        review available under part B and the applicable regulations of
        the Secretary of Health and Human Services.
          "(B) Any decision, order, or other determination issued in
        any proceeding described in this subsection shall apply to the
        Secretary of Labor and continue in effect, according to its
        terms, until it is modified, superseded, terminated, or
        otherwise deprived of legal effect by the Secretary of Labor, a
        court of competent jurisdiction, or operation of law.
          "(C) Nothing in this paragraph shall be deemed to prohibit
        the discontinuance or modification of any such proceeding under
        the same terms and conditions and to the same extent that such
        proceeding could have been discontinued or modified if this Act
        had not been enacted.
        "(3) Any proceeding before the Secretary of Labor involving the
      functions transferred by this Act shall be subject to the
      statutory requirements for notice, hearing, action upon the
      record, administrative review, and judicial review that apply to
      similar proceedings before the Commissioner conducted prior to
      the enactment of this Act.
      "(e) Continuation of Actions and Causes of Action. - 
        "(1) Except as provided in paragraphs (2) and (3), this Act
      shall not abrogate, terminate, or otherwise affect any action or
      cause of action, that - 
          "(A) relates to a function transferred by this Act; and
          "(B) is pending or otherwise in existence on the date this
        Act takes effect [see Effective Date of 2002 Amendment note set
        out under section 902 of this title].
        "(2) Any action pending before the Commissioner or any court on
      the date this Act takes effect that involves a function
      transferred by this Act shall continue before the Commissioner or
      court consistent with the following provisions:
          "(A) Any proceeding described in this paragraph shall
        continue as if this Act had not been enacted.
          "(B) Any decision, order, or other determination issued in
        any proceeding subject to this paragraph shall apply to the
        Secretary of Labor and continue in effect, according to its
        terms, until it is modified, superseded, terminated, or
        otherwise deprived of legal effect by the Secretary of Labor, a
        court of competent jurisdiction, or operation of law.
        "(3) Any cause of action by or against the Commissioner that
      exists on the date this Act takes effect and involves any
      function transferred by this Act may be asserted by or against
      the Secretary of Labor or the United States.
      "(f) Continuation of Actions Against Officers. - No suit, action,
    or other proceeding commenced by or against any officer in his
    official capacity as an officer of the Social Security
    Administration, and relating to a function transferred by this Act,
    shall abate by reason of the enactment of this Act. No cause of
    action by or against the Social Security Administration, or by or
    against any officer thereof in his official capacity, relating to a
    function transferred by this Act, shall abate by reason of
    enactment of this Act.
      "(g) Preservation of Penalties, etc. - The transfer of functions
    under this Act shall not release or extinguish any penalty,
    forfeiture, liability, prosecution, investigation, or right to
    initiate a future investigation or prosecution involving any
    function transferred by this Act."

-FOOTNOTE-
    (!1) So in original. The period probably should be a comma.

    (!2) So in original. Probably should be capitalized.


-End-



-CITE-
    30 USC Sec. 922                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 922. Payment of benefits

-STATUTE-
    (a) Schedules
      Subject to the provisions of subsection (b) of this section,
    benefit payments shall be made by the Secretary under this part as
    follows:
      (1) In the case of total disability of a miner due to
    pneumoconiosis, the disabled miner shall be paid benefits during
    the disability at a rate equal to 37 1/2  per centum of the monthly
    pay rate for Federal employees in grade GS-2, step 1.
      (2) In the case of death of a miner due to pneumoconiosis or,
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Benefits Amendments of 1981, of a miner receiving benefits under
    this part, benefits shall be paid to his widow (if any) at the rate
    the deceased miner would receive such benefits if he were totally
    disabled.
      (3) In the case of the child or children of a miner whose death
    is due to pneumoconiosis or, except with respect to a claim filed
    under part C of this subchapter on or after the effective date of
    the Black Lung Benefits Amendments of 1981, of a miner who is
    receiving benefits under this part at the time of his death or who
    was totally disabled by pneumoconiosis at the time of his death, in
    the case of the child or children of a widow who is receiving
    benefits under this part at the time of her death, and in the case
    of any child or children entitled to the payment of benefits under
    paragraph (5) of section 921(c) of this title, benefits shall be
    paid to such child or children as follows: If there is one such
    child, he shall be paid benefits at the rate specified in paragraph
    (1). If there is more than one such child, the benefits paid shall
    be divided equally among them and shall be paid at a rate equal to
    the rate specified in paragraph (1), increased by 50 per centum of
    such rate if there are two such children, by 75 per centum of such
    rate if there are three such children, and by 100 per centum of
    such rate if there are more than three such children: Provided,
    That benefits shall only be paid to a child for so long as he meets
    the criteria for the term "child" contained in section 902(g) of
    this title: And provided further, That no entitlement to benefits
    as a child shall be established under this paragraph (3) for any
    month for which entitlement to benefits as a widow is established
    under paragraph (2).
      (4) In the case of an individual entitled to benefit payments
    under clause (1) or (2) of this subsection who has one or more
    dependents, the benefit payments shall be increased at the rate of
    50 per centum of such benefit payments, if such individual has one
    dependent, 75 per centum if such individual has two dependents, and
    100 per centum if such individual has three or more dependents.
      (5) In the case of the dependent parent or parents of a miner
    whose death is due to pneumoconiosis, or, except with respect to a
    claim filed under part C of this subchapter on or after the
    effective date of the Black Lung Benefits Amendments of 1981, of a
    miner who is receiving benefits under this part at the time of his
    death or who was totally disabled by pneumoconiosis at the time of
    death, and who is not survived at the time of his death by a widow
    or a child, in the case of the dependent surviving brother(s) or
    sister(s) of such a miner who is not survived at the time of his
    death by a widow, child, or parent, in the case of the dependent
    parent or parents of a miner (who is not survived at the time of
    his or her death by a widow or a child) who are entitled to the
    payment of benefits under paragraph (5) of section 921(c) of this
    title, or in the case of the dependent surviving brother(s) or
    sister(s) of a miner (who is not survived at the time of his or her
    death by a widow, child, or parent) who are entitled to the payment
    of benefits under paragraph (5) of section 921(c) of this title,
    benefits shall be paid under this part to such parent(s), or to
    such brother(s), or sister(s), at the rate specified in paragraph
    (3) (as if such parent(s) or such brother(s) or sister(s), were the
    children of such miner). In determining for purposes of this
    paragraph whether a claimant bears the relationship as the miner's
    parent, brother, or sister, the Secretary shall apply legal
    standards consistent with those applicable to relationship
    determination under title II of the Social Security Act [42 U.S.C.
    401 et seq.]. No benefits to a sister or brother shall be payable
    under this paragraph for any month beginning with the month in
    which he or she receives support from his or her spouse, or
    marries. Benefits shall be payable under this paragraph to a
    brother only if he is - 
        (1)(A) under eighteen years of age, or
        (B) under a disability as defined in section 223(d) of the
      Social Security Act [42 U.S.C. 423(d)] which began before the age
      specified in section 202(d)(1)(B)(ii) of such Act [42 U.S.C.
      402(d)(1)(B)(ii)], or in the case of a student, before he ceased
      to be a student, or
        (C) a student as defined in section 902(g) of this title; or
        (2) who is, at the time of the miner's death, disabled as
      determined in accordance with section 223(d) of the Social
      Security Act [42 U.S.C. 423(d)], during such disability. Any
      benefit under this paragraph for a month prior to the month in
      which a claim for such benefit is filed shall be reduced to any
      extent that may be necessary, so that it will not render
      erroneous any benefit which, before the filing of such claim, the
      Secretary has certified for payment for such prior months. As
      used in this paragraph, "dependent" means that during the one
      year period prior to and ending with such miner's death, such
      parent, brother, or sister was living in the miner's household,
      and was, during such period, totally dependent on the miner for
      support. Proof of such support shall be filed by such claimant
      within two years after May 1972, or within two years after the
      miner's death, whichever is the later. Any such proof which is
      filed after the expiration of such period shall be deemed to have
      been filed within such period if it is shown to the satisfaction
      of the Secretary that there was good cause for failure to file
      such proof within such period. The determination of what
      constitutes "living in the miner's household", "totally dependent
      upon the miner for support," and "good cause," shall for purposes
      of this paragraph be made in accordance with regulations of the
      Secretary. Benefit payments under this paragraph to a parent,
      brother, or sister, shall be reduced by the amount by which such
      payments would be reduced on account of excess earnings of such
      parent, brother, or sister, respectively, under section 203(b)-
      (l) of the Social Security Act [42 U.S.C. 403(b)-(l)], as if the
      benefit under this paragraph were a benefit under section 202 of
      such Act [42 U.S.C. 402].

      (6) If an individual's benefits would be increased under
    paragraph (4) of this subsection because he or she has one or more
    dependents, and it appears to the Secretary that it would be in the
    interest of any such dependent to have the amount of such increase
    in benefits (to the extent attributable to such dependent)
    certified to a person other than such individual, then the
    Secretary may, under regulations prescribed by him, certify the
    amount of such increase in benefits (to the extent so attributable)
    not to such individual but directly to such dependent or to another
    person for the use and benefit of such dependent; and any payment
    made under this clause, if otherwise valid under this subchapter,
    shall be a complete settlement and satisfaction of all claims,
    rights, and interests in and to such payment.
    (b) Reduction of benefits
      Notwithstanding subsection (a) of this section, benefit payments
    under this section to a miner or his widow, child, parent, brother,
    or sister shall be reduced, on a monthly or other appropriate
    basis, by an amount equal to any payment received by such miner or
    his widow, child, parent, brother, or sister under the workmen's
    compensation, unemployment compensation, or disability insurance
    laws of his State on account of the disability of such miner due to
    pneumoconiosis, and the amount by which such payment would be
    reduced on account of excess earnings of such miner under section
    203(b) through (l) of the Social Security Act [42 U.S.C. 403(b) to
    (l)] if the amount paid were a benefit payable under section 202 of
    such Act [42 U.S.C. 402]. This part shall not be considered a
    workmen's compensation law or plan for purposes of section 224 of
    such Act [42 U.S.C. 424a].
    (c) Reporting of income
      Benefits payable under this part shall be deemed not to be income
    for purposes of the Internal Revenue Code of 1986.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 412, Dec. 30, 1969, 83 Stat. 794;
    Pub. L. 92-303, Secs. 1(b)(1), (2), (c)(1), 2(a), May 19, 1972, 86
    Stat. 150, 151, 153; Pub. L. 95-239, Secs. 3(b)(1), 4, Mar. 1,
    1978, 92 Stat. 96, 97; Pub. L. 97-119, title II, Sec. 203(a)(1)-
    (3), (d), Dec. 29, 1981, 95 Stat. 1643, 1644; Pub. L. 99-514, Sec.
    2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-296, title I, Sec.
    108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107-275, Sec.
    2(a), Nov. 2, 2002, 116 Stat. 1925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Grade GS-2, referred to in subsec. (a)(1), is contained in the
    General Schedule which is set out under section 5332 of Title 5,
    Government Organization and Employees.
      The effective date of the Black Lung Benefits Amendments of 1981,
    referred to in subsec. (a)(2), (3), and (5), is Jan. 1, 1982,
    except as otherwise provided. See section 206(a) of Pub. L. 97-119,
    set out as an Effective Date of 1981 Amendment note under section
    901 of this title.
      The Social Security Act, referred to in subsec. (a)(5), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of that
    Act is classified generally to subchapter II (Sec. 401 et seq.) of
    chapter 7 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.
      The Internal Revenue Code of 1986, referred to in subsec. (c), is
    classified to Title 26, Internal Revenue Code.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-275 substituted "Secretary" for
    "Commissioner of Social Security" wherever appearing.
      1994 - Subsec. (a). Pub. L. 103-296 substituted "Commissioner of
    Social Security" for "Secretary" wherever appearing.
      1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954".
      1981 - Subsec. (a)(1). Pub. L. 97-119, Sec. 203(d), substituted
    "37 1/2  per centum of the monthly pay rate for Federal employees
    in grade GS-2, step 1" for "50 per centum of the minimum monthly
    payment to which a Federal employee in grade GS-2, who is totally
    disabled, is entitled at the time of payment under chapter 81 of
    title 5".
      Subsec. (a)(2). Pub. L. 97-119, Sec. 203(a)(1), inserted ",
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Amendments of 1981," after "pneumoconiosis or".
      Subsec. (a)(3). Pub. L. 97-119, Sec. 203(a)(2), inserted ",
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Benefits Amendments of 1981," after "pneumoconiosis or" and
    substituted "time of his death or" for "time of his death, or".
      Subsec. (a)(5). Pub. L. 97-119, Sec. 203(a)(3), inserted ",
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Benefits Amendments of 1981," after "pneumoconiosis, or" and
    substituted "time of his death or who was totally" for "time of his
    death, or of a miner who was totally".
      1978 - Subsec. (a)(3). Pub. L. 95-239, Sec. 3(b)(1)(A), inserted
    reference to any child or children entitled to the payment of
    benefits under paragraph (5) of section 921(c) of this title.
      Subsec. (a)(5). Pub. L. 95-239, Sec. 3(b)(1)(B), inserted
    references to the payment of benefits under par. (5) of section
    921(c) of this title.
      Subsec. (b). Pub. L. 95-239, Sec. 4, substituted "on account of
    the disability of such miner due to pneumoconiosis" for "on account
    of the disability of such miner".
      1972 - Subsec. (a)(3), (4). Pub. L. 92-303, Sec. 1(b)(1), added
    par. (3) and redesignated former par. (3) as par. (4).
      Subsec. (a)(5), (6). Pub. L. 92-303, Sec. 1(b)(2), added pars.
    (5) and (6).
      Subsec. (b). Pub. L. 92-303, Secs. 1(c)(1), 2(a), substituted
    "widow, child, parent, brother, or sister" for "widow" wherever
    appearing, and inserted provision that this part would not be
    considered as a workmen's compensation law or plan for purposes of
    section 224 of such Act.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as
    otherwise provided, see section 206(a) of Pub. L. 97-119, set out
    as a note under section 901 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Section 2(b) of Pub. L. 92-303 provided that: "The amendment made
    by this section [amending this section] shall be effective as of
    December 30, 1969."

                  CALCULATION OF MONTHLY BENEFIT PAYMENTS              
      Pub. L. 103-333, title V, Sec. 512, Sept. 30, 1994, 108 Stat.
    2573, provided that: "Notwithstanding any other provision of law,
    monthly benefit rates during fiscal year 1995 and thereafter under
    part B or part C of the Black Lung Benefits Act [30 U.S.C. 921 et
    seq., 931 et seq.] shall continue to be based on the benefit rates
    in effect in September, 1994 and be paid in accordance with the
    Act, until exceeded by the benefit rate specified in section
    412(a)(1) of the Act [30 U.S.C. 922(a)(1)]."
      Pub. L. 103-112, title V, Sec. 508(a), Oct. 21, 1993, 107 Stat.
    1113, provided that: "Notwithstanding any other provision of law,
    monthly benefit payments under part B or part C of the Black Lung
    Benefits Act [30 U.S.C. 921 et seq., 931 et seq.] for months after
    December 1993 and before October 1994 shall be calculated as though
    the provisions of Federal law prescribing pay rates for Federal
    employees continued in effect, without amendment to or limitation
    of such provisions, after January 1993."

-End-



-CITE-
    30 USC Sec. 923                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 923. Filing of notice of claim

-STATUTE-
    (a) Promulgation of regulations; time requirement
      Except as otherwise provided in section 924 of this title, no
    payment of benefits shall be made under this part except pursuant
    to a claim filed therefor on or before December 31, 1973, in such
    manner, in such form, and containing such information, as the
    Secretary shall by regulation prescribe.
    (b) Utilization of personnel and procedures; evidence required to
      establish claim; medical evidence; affidavits; autopsy reports;
      reimbursement of expenses
      No claim for benefits under this part shall be denied solely on
    the basis of the results of a chest roentgenogram. In determining
    the validity of claims under this part, all relevant evidence shall
    be considered, including, where relevant, medical tests such as
    blood gas studies, X-ray examination, electrocardiogram, pulmonary
    function studies, or physical performance tests, and any medical
    history, evidence submitted by the claimant's physician, or his
    wife's affidavits, and in the case of a deceased miner, other
    appropriate affidavits of persons with knowledge of the miner's
    physical condition, and other supportive materials. Where there is
    no medical or other relevant evidence in the case of a deceased
    miner, such affidavits, from persons not eligible for benefits in
    such case with respect to claims filed on or after the effective
    date of the Black Lung Benefits Amendments of 1981, shall be
    considered to be sufficient to establish that the miner was totally
    disabled due to pneumoconiosis or that his or her death was due to
    pneumoconiosis. In any case, other than that involving a claim
    filed on or after the effective date of the Black Lung Benefits
    Amendments of 1981, in which there is other evidence that a miner
    has a pulmonary or respiratory impairment, the Secretary shall
    accept a board certified or board eligible radiologist's
    interpretation of a chest roentgenogram which is of a quality
    sufficient to demonstrate the presence of pneumoconiosis submitted
    in support of a claim for benefits under this subchapter if such
    roentgenogram has been taken by a radiologist or qualified
    technician, except where the Secretary has reason to believe that
    the claim has been fraudulently represented. In order to insure
    that any such roentgenogram is of adequate quality to demonstrate
    the presence of pneumoconiosis, and in order to provide for uniform
    quality in the roentgenograms, the Secretary of Labor may, by
    regulation, establish specific requirements for the techniques used
    to take roentgenograms of the chest. Unless the Secretary has good
    cause to believe that an autopsy report is not accurate, or that
    the condition of the miner is being fraudulently misrepresented,
    the Secretary shall accept such autopsy report concerning the
    presence of pneumoconiosis and the stage of advancement of
    pneumoconiosis. Claimants under this part shall be reimbursed for
    reasonable medical expenses incurred by them in establishing their
    claims. For purposes of determining total disability under this
    part, the provisions of subsections (a), (b), (c), (d), and (g) of
    section 221 of such Act [42 U.S.C. 421(a) to (d), (g)] shall be
    applicable. The provisions of sections 204, 205(a), (b), (d), (e),
    (g), (h), (j), (k), (l), and (n), 206, 207, and 208 of the Social
    Security Act [42 U.S.C. 404, 405(a), (b), (d), (e), (g), (h), (j),
    (k), (l), and (n), 406, 407, 408] shall be applicable under this
    part with respect to a miner, widow, child, parent, brother,
    sister, or dependent, as if benefits under this part were benefits
    under title II of such Act [42 U.S.C. 401 et seq.]. Each miner who
    files a claim for benefits under this subchapter shall upon request
    be provided an opportunity to substantiate his or her claim by
    means of a complete pulmonary evaluation.
    (c) Filing of claim for workmen's compensation; necessity;
      exceptions
      No claim for benefits under this section shall be considered
    unless the claimant has also filed a claim under the applicable
    State workmen's compensation law prior to or at the same time his
    claim was filed for benefits under this section; except that the
    foregoing provisions of this paragraph shall not apply in any case
    in which the filing of a claim under such law would clearly be
    futile because the period within which such a claim may be filed
    thereunder has expired or because pneumoconiosis is not compensable
    under such law, or in any other situation in which, in the opinion
    of the Secretary, the filing of a claim would clearly be futile.
    (d) Employment termination and benefits entitlement
      No miner who is engaged in coal mine employment shall (except as
    provided in section 921(c)(3) of this title) be entitled to any
    benefits under this part while so employed. Any miner who has been
    determined to be eligible for benefits pursuant to a claim filed
    while such miner was engaged in coal mine employment shall be
    entitled to such benefits if his or her employment terminates
    within one year after the date such determination becomes final.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 413, Dec. 30, 1969, 83 Stat. 794;
    Pub. L. 92-303, Secs. 1(c)(5)(A), 4(f), 5(2), May 19, 1972, 86
    Stat. 152, 154, 155; Pub. L. 95-239, Sec. 5, Mar. 1, 1978, 92 Stat.
    97; Pub. L. 97-119, title II, Sec. 202(a), (c), Dec. 29, 1981, 95
    Stat. 1643; Pub. L. 103-296, title I, Sec. 108(i)(2), Aug. 15,
    1994, 108 Stat. 1488; Pub. L. 107-275, Sec. 2(a), (b)(2), Nov. 2,
    2002, 116 Stat. 1925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of the Black Lung Benefits Amendments of 1981,
    referred to in subsec. (b), is Jan. 1, 1982, except as otherwise
    provided. See section 206(a) of Pub. L. 97-119, set out as an
    Effective Date of 1981 Amendment note under section 901 of this
    title.
      The Social Security Act, referred to in subsec. (b), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of this Act
    is classified generally to subchapter II (Sec. 401 et seq.) of
    chapter 7 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-275, Sec. 2(a), substituted
    "Secretary" for "Commissioner of Social Security".
      Subsec. (b). Pub. L. 107-275, Sec. 2(b)(2), substituted "No" for
    "In carrying out the provisions of this part, the Commissioner of
    Social Security shall to the maximum extent feasible (and
    consistent with the provisions of this part) utilize the personnel
    and procedures he uses in determining entitlement to disability
    insurance benefit payments under section 223 of the Social Security
    Act, but no".
      Pub. L. 107-275, Sec. 2(a), substituted "Secretary has" for
    "Commissioner of Social Security has" in two places and "Secretary
    shall" for "Commissioner of Social Security shall" in two places.
      Subsec. (c). Pub. L. 107-275, Sec. 2(a), substituted "Secretary"
    for "Commissioner of Social Security".
      1994 - Subsecs. (a) to (c). Pub. L. 103-296 substituted
    "Commissioner of Social Security" for "Secretary" wherever
    appearing, except in reference to Secretary of Labor.
      1981 - Subsec. (b). Pub. L. 97-119, Sec. 202(a), (c), inserted ",
    from persons not eligible for benefits in such case with respect to
    claims filed on or after the effective date of the Black Lung
    Benefits Amendments of 1981," after "such affidavits" and ", other
    than that involving a claim filed on or after the effective date of
    the Black Lung Benefits Amendments of 1981," after "In any case".
      1978 - Subsec. (b). Pub. L. 95-239, Sec. 5(a), (b), (c), provided
    that, in the case of a deceased miner where there is no medical or
    other relevant evidence, the affidavits be considered sufficient to
    establish that the miner was totally disabled due to pneumoconiosis
    or that death was due to pneumoconiosis, directed the Secretary to
    accept a board certified or board eligible radiologist's
    interpretation of a chest roentgenogram in cases in which there is
    other evidence that a miner has a pulmonary or respiratory
    impairment, provided for regulations covering roentgenogram
    techniques, provided for acceptance by the Secretary of an autopsy
    report concerning the presence of pneumoconiosis and the stage of
    advancement of that pneumoconiosis, directed that each miner who
    files a claim for benefits under this subchapter be provided upon
    request an opportunity to substantiate the claim by means of a
    complete pulmonary evaluation, and, in the reference to the various
    subsections of section 405 of Title 42, struck out reference to
    subsec. (f) and inserted reference to subsec. (n).
      Subsec. (d). Pub. L. 95-239, Sec. 5(d), added subsec. (d).
      1972 - Subsec. (a). Pub. L. 92-303, Sec. 5(2), substituted "1973"
    for "1972".
      Subsec. (b). Pub. L. 92-303, Secs. 1(c)(5)(A), 4(f), inserted
    provisions making sections 404 to 408 of title 42 applicable, and
    for a more liberal consideration of claims for benefits.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendments by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as
    otherwise provided, see section 206(a) of Pub. L. 97-119, set out
    as a note under section 901 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Amendment by section 4(f) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 4(g) of Pub. L. 92-303, set out as a note under
    section 921 of this title.

       EFFECTIVE DATE FOR THE APPLICATION OF SECTION 405 OF TITLE 42   
      Section 1(c)(5)(B) of Pub. L. 92-303 provided that: "Only section
    205(b), (g), and (h) of those sections of the Social Security Act
    [section 405(b), (g), and (h) of Title 42, The Public Health and
    Welfare] recited in subparagraph (A) of this paragraph [amending
    this section] shall be effective as of the date provided in
    subsection (d) of this section."
      [There is no subsec. (d) in section 1 of Pub. L. 92-303 as it was
    enacted. However, Senate Report No. 92-743, at page 30, refers to
    such a subsec. (d) applying the provisions of section of Pub. L. 92-
    303 retroactively to Dec. 30, 1969.]

-End-



-CITE-
    30 USC Sec. 924                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 924. Time for filing claims

-STATUTE-
    (a) Claims filed before December 31, 1973
      (1) No claim for benefits under this part on account of total
    disability of a miner shall be considered unless it is filed on or
    before December 31, 1973, or, in the case of a claimant who is a
    widow, within six months after the death of her husband or by
    December 31, 1973, whichever is the later.
      (2) In the case of a claim by a child this paragraph shall apply,
    notwithstanding any other provision of this part.
      (A) If such claim is filed within six months following May 1972,
    and if entitlement to benefits is established pursuant to such
    claim, such entitlement shall be effective retroactively from
    December 30, 1969, or from the date such child would have been
    first eligible for such benefit payments had section 922(a)(3) of
    this title been applicable since December 30, 1969, whichever is
    the lesser period. If on the date such claim is filed the claimant
    is not eligible for benefit payments, but was eligible at any
    period of time during the period from December 30, 1969, to the
    date such claim is filed, entitlement shall be effective for the
    duration of eligibility during such period.
      (B) If such claim is filed after six months following May 1972,
    and if entitlement to benefits is established pursuant to such
    claim, such entitlement shall be effective retroactively from a
    date twelve months preceding the date such claim is filed, or from
    the date such child would have been first eligible for such benefit
    payments had section 922(a)(3) of this title been applicable since
    December 30, 1969, whichever is the lesser period. If on the date
    such claim is filed the claimant is not eligible for benefit
    payments, but was eligible at any period of time during the period
    from a date twelve months preceding the date such claim is filed,
    to the date such claim is filed, entitlement shall be effective for
    the duration of eligibility during such period.
      (C) No claim for benefits under this part, in the case of a
    claimant who is a child, shall be considered unless it is filed
    within six months after the death of his father or mother
    (whichever last occurred) or by December 31, 1973, whichever is the
    later.
      (D) Any benefit under subparagraph (A) or (B) for a month prior
    to the month in which a claim is filed shall be reduced, to any
    extent that may be necessary, so that it will not render erroneous
    any benefit which, before the filing of such claim, the Secretary
    has certified for payment for such prior month.
      (3) No claim for benefits under this part, in the case of a
    claimant who is a parent, brother, or sister shall be considered
    unless it is filed within six months after the death of the miner
    or by December 31, 1973, whichever is the later.
    (b) Filing of claims after June 30, 1973
      No benefits shall be paid under this part after December 31,
    1973, if the claim therefor was filed after June 30, 1973.
    (c) Effective date of claims
      No benefits under this part shall be payable for any period prior
    to the date a claim therefor is filed.
    (d) Reduction of State benefits
      No benefits shall be paid under this part to the residents of any
    State which, after December 30, 1969, reduces the benefits payable
    to persons eligible to receive benefits under this part, under its
    State laws which are applicable to its general work force with
    regard to workmen's compensation, unemployment compensation, or
    disability insurance.
    (e) Conditions upon payment
      No benefits shall be payable to a widow, child, parent, brother,
    or sister under this part on account of the death of a miner unless
    (1) benefits under this part were being paid to such miner with
    respect to disability due to pneumoconiosis prior to his death, (2)
    the death of such miner occurred prior to January 1, 1974, or (3)
    any such individual is entitled to benefits under paragraph (5) of
    section 921(c) of this title.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 414, Dec. 30, 1969, 83 Stat. 795;
    Pub. L. 92-303, Secs. 1(c)(1), (6), 5(1)-(3), May 19, 1972, 86
    Stat. 151, 152, 155; Pub. L. 95-239, Sec. 3(b)(2), Mar. 1, 1978, 92
    Stat. 97; Pub. L. 103-296, title I, Sec. 108(i)(2), Aug. 15, 1994,
    108 Stat. 1488; Pub. L. 107-275, Sec. 2(a), Nov. 2, 2002, 116 Stat.
    1925.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(2)(D). Pub. L. 107-275 substituted "Secretary"
    for "Commissioner of Social Security".
      1994 - Subsec. (a)(2)(D). Pub. L. 103-296 substituted
    "Commissioner of Social Security" for "Secretary".
      1978 - Subsec. (e). Pub. L. 95-239 added cl. (3) relating to
    individuals entitled to benefits under par. (5) of section 921(c)
    of this title.
      1972 - Subsec. (a). Pub. L. 92-303, Secs. 1(c)(6), 5(2),
    designated existing provisions as par. (1) and added pars. (2) and
    (3), and in par. (1) substituted "1973" for "1972" wherever
    appearing.
      Subsec. (b). Pub. L. 92-303, Secs. 5(1), (2), substituted "June
    30, 1973" for "December 31, 1971" and "December 31, 1973" for
    "December 31, 1971".
      Subsec. (e). Pub. L. 92-303, Secs. 1(c)(1), 5(3), substituted
    "widow, child, parent, brother, or sister" for "widow" and "1974"
    for "1973".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

-End-



-CITE-
    30 USC Sec. 924a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 924a. Repealed.

-MISC1-
    Sec. 924a. Repealed. Pub. L. 107-275, Sec. 2(c)(2), Nov. 2, 2002,
      116 Stat. 1926.
      Section, Pub. L. 95-239, Sec. 11, Mar. 1, 1978, 92 Stat. 101,
    related to notification to miners of eligibility for medical
    services and supplies and the period for filing a claim.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 90 days after Nov. 2, 2002, see section 4 of
    Pub. L. 107-275, set out as an Effective Date of 2002 Amendment
    note under section 902 of this title.

-End-



-CITE-
    30 USC Sec. 925                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 925. Procedure for the determination of claims during
      transition period

-STATUTE-
      (a) Notwithstanding any other provision in this subchapter, for
    the purpose of assuring the uninterrupted receipt of benefits by
    claimants at such time as responsibility for administration of the
    benefits program is assumed by either a State workmen's
    compensation agency or the Secretary of Labor, any claim for
    benefits under this part filed during the period from July 1, 1973
    to December 31, 1973, shall be considered and determined in
    accordance with the procedures of this section. With respect to any
    such claim - 
        (1) Such claim shall be determined and, where appropriate under
      this part or section 9501(d) of title 26, benefits shall be paid
      with respect to such claim by the Secretary of Labor.
        (2) The Secretary of Labor shall promptly notify any operator
      who he believes, on the basis of information contained in the
      claim, or any other information available to him, may be liable
      to pay benefits to the claimant under part C of this subchapter
      for any month after December 31, 1973.
        (3) In determining such claims, the Secretary of Labor shall,
      to the extent appropriate, follow the procedures described in
      subsections (b), (c), and (d) of section 919 of title 33.
        (4) Any operator who has been notified of the pendency of a
      claim under paragraph (2) of this subsection shall be bound by
      the determination of the Secretary of Labor on such claim as if
      the claim had been filed pursuant to part C of this subchapter
      and section 932 of this title had been applicable to such
      operator. Nothing in this paragraph shall require any operator to
      pay any benefits for any month prior to January 1, 1974.

      (b) The Secretary of Labor may issue such regulations as are
    necessary or appropriate to carry out the purpose of this section.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 415, as added Pub. L. 92-303, Sec.
    7, May 19, 1972, 86 Stat. 156; amended Pub. L. 97-119, title I,
    Sec. 104(b)(2), Dec. 29, 1981, 95 Stat. 1639; Pub. L. 99-514, Sec.
    2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-296, title I, Sec.
    108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107-275, Sec.
    2(b)(3), Nov. 2, 2002, 116 Stat. 1925.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(2) to (5). Pub. L. 107-275, Sec. 2(b)(3)(A),
    redesignated pars. (3) to (5) as (2) to (4), respectively,
    substituted "paragraph (2)" for "paragraph 4" in par. (4), and
    struck out former par. (2) which read as follows: "The manner and
    place of filing such claim shall be in accordance with regulations
    issued jointly by the Commissioner of Social Security and the
    Secretary of Labor, which regulations shall provide, among other
    things, that such claims may be filed in district offices of the
    Social Security Administration and thereafter transferred to the
    jurisdiction of the Department of Labor for further consideration."
      Subsec. (b). Pub. L. 107-275, Sec. 2(b)(3)(B), struck out ",
    after consultation with the Commissioner of Social Security," after
    "Secretary of Labor".
      1994 - Subsecs. (a)(2), (b). Pub. L. 103-296 substituted
    "Commissioner of Social Security" for "Secretary of Health,
    Education, and Welfare".
      1986 - Subsec. (a)(1). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954", which
    for purposes of codification was translated as "title 26" thus
    requiring no change in text.
      1981 - Subsec. (a)(1). Pub. L. 97-119 substituted "section
    9501(d) of title 26" for "section 934 of this title".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

-End-


-CITE-
    30 USC Part C - Claims for Benefits After December 31,
                     1973                                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
           PART C - CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973       

-End-



-CITE-
    30 USC Sec. 931                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 931. Benefits under State workmen's compensation laws

-STATUTE-
    (a) Filing
      On and after January 1, 1974, any claim for benefits for death or
    total disability due to pneumoconiosis shall be filed pursuant to
    the applicable State workmen's compensation law, except that during
    any period when miners or their surviving widows, children,
    parents, brothers, or sisters, as the case may be, are not covered
    by a State workmen's compensation law which provides adequate
    coverage for pneumoconiosis, and in any case in which benefits
    based upon eligibility under paragraph (5) of section 921(c) of
    this title are involved.(!1) they shall be entitled to claim
    benefits under this part.

    (b) Adequacy of compensation; listing of States providing adequate
      compensation; requisites for listing
      (1) For purposes of this section, a State workmen's compensation
    law shall not be deemed to provide adequate coverage for
    pneumoconiosis during any period unless it is included in the list
    of State laws found by the Secretary to provide such adequate
    coverage during such period. The Secretary shall, no later than
    October 1, 1972, publish in the Federal Register a list of State
    workmen's compensation laws which provide adequate coverage for
    pneumoconiosis and shall revise and republish in the Federal
    Register such list from time to time, as may be appropriate to
    reflect changes in such State laws due to legislation or judicial
    or administrative interpretation.
      (2) The Secretary shall include a State workmen's compensation
    law on such list during any period only if he finds that during
    such period under such law - 
        (A) benefits must be paid for total disability or death of a
      miner due to pneumoconiosis, except that (i) such law shall not
      be required to provide such benefits where the miner's last
      employment in a coal mine terminated before the Secretary's
      approval of the State law pursuant to this section; and (ii) each
      operator of a coal mine shall secure the payment of benefits
      pursuant to section 933 of this title with respect to any miner
      whose last employment in a coal mine terminated before the
      Secretary's approval of the State law pursuant to this section;
        (B) the amount of such cash benefits is substantially
      equivalent to or greater than the amount of benefits prescribed
      by section 922(a) of this title;
        (C) the standards for determining death or total disability due
      to pneumoconiosis are substantially equivalent to section 902(f)
      of this title and to those standards established under this part,
      and by the regulations of the Secretary promulgated under this
      part;
        (D) any claim for benefits on account of total disability of a
      miner due to pneumoconiosis is deemed to be timely filed if such
      claim is filed within three years after a medical determination
      of total disability due to pneumoconiosis;
        (E) there are in effect provisions with respect to prior and
      successor operators which are substantially equivalent to the
      provisions contained in section 932(i) of this title; and
        (F) there are applicable such other provisions, regulations or
      interpretations, which are consistent with the provisions
      contained in Public Law 803, 69th Congress (44 Stat. 1424,
      approved March 4, 1927), as amended [33 U.S.C. 901 et seq.],
      which are applicable under section 932(a) of this title, but are
      not inconsistent with any of the criteria set forth in
      subparagraphs (A) through (E) of this paragraph, as the
      Secretary, in accordance with regulations promulgated by him,
      determines to be necessary or appropriate to assure adequate
      compensation for total disability or death due to pneumoconiosis.

    The action of the Secretary in including or failing to include any
    State workmen's compensation law on such list shall be subject to
    judicial review exclusively in the United States court of appeals
    for the circuit in which the State is located or the United States
    Court of Appeals for the District of Columbia.
    (c) Publication in Federal Register; review of listings
      Final regulations required for implementation of any amendments
    to this part shall be promulgated and published in the Federal
    Register at the earliest practicable date after the date of
    enactment of such amendments, and in no event later than the end of
    the sixth month following the month in which such amendments are
    enacted.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 421, Dec. 30, 1969, 83 Stat. 795;
    Pub. L. 92-303, Secs. 1(c)(1), 4(e), 5(3), (5), May 19, 1972, 86
    Stat. 151, 154, 155; Pub. L. 95-239, Secs. 3(b)(3), 6, Mar. 1,
    1978, 92 Stat. 97, 98.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 803, 69th Congress, referred to in subsec. (b)(2)(F),
    is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended, popularly
    known as the Longshore and Harbor Workers' Compensation Act, which
    is classified generally to chapter 18 (Sec. 901 et seq.) of Title
    33, Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see section 901 of Title 33 and Tables.


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-239, Sec. 3(b)(3), inserted
    reference to cases in which benefits based upon eligibility under
    par. (5) of section 921(c) of this title are involved.
      Subsec. (b)(2)(A). Pub. L. 95-239, Sec. 6(a), added the
    exceptions set out in cls. (i) and (ii).
      Subsec. (b)(2)(C). Pub. L. 95-239, Sec. 6(b), substituted
    "established under this part, and by the regulations of the
    Secretary promulgated under this part" for "established under part
    B of this subchapter, and by the regulations of the Secretary of
    Health, Education, and Welfare promulgated thereunder".
      Subsec. (b)(2)(D). Pub. L. 95-239, Sec. 6(c), substituted "total
    disability of a miner due to pneumoconiosis is deemed to be timely
    filed if such claim is filed within three years after a medical
    determination of total disability due to pneumoconiosis" for "total
    disability or death of a miner due to pneumoconiosis is deemed to
    be timely filed if such claim is filed within three years of the
    discovery of total disability due to pneumoconiosis, or the date of
    such death, as the case may be".
      1972 - Subsec. (a). Pub. L. 92-303, Secs. 1(c)(1), 5(3),
    substituted "widows, children, parents, brothers, or sisters, as
    the case may be," for "widows" and "1974" for "1973".
      Subsec. (b)(2)(C). Pub. L. 92-303, Sec. 4(e), substituted
    "section 902(f) of this title and to those standards established
    under part B of this subchapter" for "those established by section
    921 of this title".
      Subsec. (c). Pub. L. 92-303, Sec. 5(5), added subsec. (c).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Amendment by section 4(e) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 4(g) of Pub. L. 92-303, set out as a note under
    section 921 of this title.

-FOOTNOTE-
    (!1) So in original. The period probably should be a comma.


-End-



-CITE-
    30 USC Sec. 932                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 932. Failure to meet workmen's compensation requirements

-STATUTE-
    (a) Benefits; applicability of Longshore and Harbor Workers'
      Compensation Act; promulgation of regulations
      Subject to section 28(h)(1) of the Longshore and Harbor Workers'
    Compensation Act Amendments of 1984, during any period after
    December 31, 1973, in which a State workmen's compensation law is
    not included on the list published by the Secretary under section
    931(b) of this title, the provisions of Public Law 803, 69th
    Congress (44 Stat. 1424, approved March 4, 1927), as amended [33
    U.S.C. 901 et seq.], and as it may be amended from time to time
    (other than the provisions contained in sections 1, 2, 3, 4,,(!1)
    8, 9, 10, 12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46,
    47, 48, 49, 50, and 51 thereof) [33 U.S.C. 901, 902, 903, 904, 908,
    909, 910, 912, 913, 929, 930, 931, 932, 933, 937, 938, 941, 943,
    944, 945, 946, 947, 948, 948a, 949, 950], shall (except as
    otherwise provided in this subsection or by regulations of the
    Secretary and except that references in such Act to the employer
    shall be considered to refer to the trustees of the fund, as the
    Secretary considers appropriate and as is consistent with the
    provisions of section 9501(d) of title 26), be applicable to each
    operator of a coal mine in such State with respect to death or
    total disability due to pneumoconiosis arising out of employment in
    such mine, or with respect to entitlements established in paragraph
    (5) of section 921(c) of this title. In administering this part,
    the Secretary is authorized to prescribe in the Federal Register
    such additional provisions, not inconsistent with those
    specifically excluded by this subsection, as he deems necessary to
    provide for the payment of benefits by such operator to persons
    entitled thereto as provided in this part and thereafter those
    provisions shall be applicable to such operator.

    (b) Liability of operators
      During any such period each such operator shall be liable for and
    shall secure the payment of benefits, as provided in this section
    and section 933 of this title. An employer, other than an operator
    of a coal mine, shall not be required to secure the payment of such
    benefits with respect to any employee of such employer to the
    extent such employee is engaged in the transportation of coal or in
    coal mine construction. Upon determination by the Secretary of the
    eligibility of the employee, the Secretary may require such
    employer to secure a bond or otherwise guarantee the payment of
    such benefits to the employee.
    (c) Persons entitled to benefits
      Benefits shall be paid during such period by each such operator
    under this section to the categories of persons entitled to
    benefits under section 922(a) of this title in accordance with the
    regulations of the Secretary applicable under this section:
    Provided, That, except as provided in subsection (i) of this
    section, no benefit shall be payable by any operator on account of
    death or total disability due to pneumoconiosis (1) which did not
    arise, at least in part, out of employment in a mine during a
    period after December 31, 1969, when it was operated by such
    operator; or (2) which was the subject of a claim denied before
    March 1, 1978, and which is or has been approved in accordance with
    the provisions of section 945 (!2) of this title.

    (d) Monthly payments; amounts; accrual of interest
      Benefits payable under this section shall be paid on a monthly
    basis and, except as otherwise provided in this section, such
    payments shall be equal to the amounts specified in section 922(a)
    of this title. If payment is not made within the time required,
    interest shall accrue to such amounts at the rates set forth in
    section 934(b)(5) of this title for interest owed to the fund. With
    respect to payments withheld pending final adjudication of
    liability, in the case of claims filed on or after the effective
    date of the Black Lung Benefits Amendments of 1981, such interest
    shall commence to accumulate 30 days after the date of the
    determination that such an award should be made.
    (e) Conditions upon payment
      No payment of benefits shall be required under this section:
        (1) except pursuant to a claim filed therefor in such manner,
      in such form, and containing such information, as the Secretary
      shall by regulation prescribe; or
        (2) for any period prior to January 1, 1974.
    (f) Limitation on filing of claims
      Any claim for benefits by a miner under this section shall be
    filed within three years after whichever of the following occurs
    later - 
        (1) a medical determination of total disability due to
      pneumoconiosis; or
        (2) March 1, 1978.
    (g) Reduction of monthly benefits
      The amount of benefits payable under this section shall be
    reduced, on a monthly or other appropriate basis, by the amount of
    any compensation received under or pursuant to any Federal or State
    workmen's compensation law because of death or disability due to
    pneumoconiosis. In addition, the amount of benefits payable under
    this section with respect to any claim filed on or after the
    effective date of the Black Lung Benefits Amendments of 1981 shall
    be reduced, on a monthly or other appropriate basis, by the amount
    by which such benefits would be reduced on account of excess
    earnings of such miner under section 403(b) through (l) of title 42
    if the amount paid were a benefit payable under section 402 of
    title 42.
    (h) Promulgation of regulations
      The Secretary of Labor shall by regulation establish standards,
    which may include appropriate presumptions, for determining whether
    pneumoconiosis arose out of employment in a particular coal mine or
    mines. The Secretary may also, by regulation, establish standards
    for apportioning liability for benefits under this subsection among
    more than one operator, where such apportionment is appropriate.
    (i) Subsequent operators' liability for benefit payments
      (1) During any period in which this section is applicable to the
    operator of a coal mine who on or after January 1, 1970, acquired
    such mine or substantially all the assets thereof, from a person
    (hereinafter in this subsection referred to as a "prior operator")
    who was an operator of such mine, or owner of such assets on or
    after January 1, 1970, such operator shall be liable for and shall,
    in accordance with section 933 of this title, secure the payment of
    all benefits which would have been payable by the prior operator
    under this section with respect to miners previously employed by
    such prior operator as if the acquisition had not occurred and the
    prior operator had continued to be an operator of a coal mine.
      (2) Nothing in this subsection shall relieve any prior operator
    of any liability under this section.
      (3)(A) For purposes of paragraph (1) of this subsection, the
    provisions of this paragraph shall apply to corporate
    reorganizations, liquidations, and such other transactions as are
    specified in this paragraph.
      (B) If an operator ceases to exist by reason of a reorganization
    or other transaction or series of transactions which involves a
    change in identity, form, or place of business or organization,
    however effected, the successor operator or other corporate or
    business entity resulting from such reorganization or other change
    shall be treated as the operator to whom this section applies.
      (C) If an operator ceases to exist by reason of a liquidation
    into a parent or successor corporation, the parent or successor
    corporation shall be treated as the operator to whom this section
    applies.
      (D) If an operator ceases to exist by reason of a sale of
    substantially all his or her assets, or as the result of a merger,
    consolidation, or division, the successor operator, corporation, or
    other business entity shall be treated as the operator to whom this
    section applies.
      (4) In any case in which there is a determination under section
    9501(d) of title 26 that no operator is liable for the payment of
    benefits to a claimant, nothing in this subsection may be construed
    to require the payment of benefits to a claimant by or on behalf of
    any operator.
    (j) Failure of operators to secure benefits
      Notwithstanding the provisions of this section, section 9501 of
    title 26 shall govern the payment of benefits in cases - 
        (1) described in section 9501(d)(1) of title 26;
        (2) in which the miner's last coal mine employment was before
      January 1, 1970; or
        (3) in which there was a claim denied before March 1, 1978, and
      such claim is or has been approved in accordance with the
      provisions of section 945 (!2) of this title.
    (k) Secretary as party in claim proceedings
      The Secretary shall be a party in any proceeding relative to a
    claim for benefits under this part.
    (l) Filing of new claims or refiling or revalidation of claims of
      miners already determined eligible at time of death
      In no case shall the eligible survivors of a miner who was
    determined to be eligible to receive benefits under this subchapter
    at the time of his or her death be required to file a new claim for
    benefits, or refile or otherwise revalidate the claim of such
    miner, except with respect to a claim filed under this part on or
    after the effective date of the Black Lung Benefits Amendments of
    1981,.(!3)


-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 422, Dec. 30, 1969, 83 Stat. 796;
    Pub. L. 92-303, Secs. 3(a), (b), 5(2)-(4), (9), 8, May 19, 1972, 86
    Stat. 153, 155-157; Pub. L. 95-239, Secs. 3(b)(4), 7(a)-(h), Mar.
    1, 1978, 92 Stat. 97-99; Pub. L. 97-119, title I, Sec. 104(b)(3)-
    (5), title II, Secs. 203(a)(6), (b), 204, 205(a), Dec. 29, 1981,
    95 Stat. 1639, 1644, 1645; Pub. L. 98-426, Sec. 28(h)(2), Sept. 28,
    1984, 98 Stat. 1655; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
    Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 28(h)(1) of the Longshore and Harbor Workers'
    Compensation Act Amendments of 1984, referred to in subsec. (a), is
    section 28(h)(1) of Pub. L. 98-426, which is set out as a note
    under section 907 of Title 33, Navigation and Navigable Waters.
      Public Law 803, 69th Congress, referred to in subsec. (a), is act
    Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended, popularly known
    as the Longshore and Harbor Workers' Compensation Act, which is
    classified generally to chapter 18 (Sec. 901 et seq.) of Title 33.
    For complete classification of this Act to the Code, see section
    901 of Title 33 and Tables.
      Section 42 of Public Law 803, referred to in subsec. (a), was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647.
      Section 43 of Public Law 803, referred to in subsec. (a), was
    repealed by Pub. L. 89-348, Sec. 1(15), Nov. 8, 1965, 79 Stat.
    1311.
      Sections 45, 46, and 47 of Public Law 803, referred to in subsec.
    (a), were repealed by Pub. L. 98-426, Sec. 25, Sept. 28, 1984, 98
    Stat. 1654.
      Section 945 of this title, referred to in subsecs. (c), (j)(3),
    was repealed by Pub. L. 107-275, Sec. 2(c)(1), Nov. 2, 2002, 116.
    Stat. 1926.
      The effective date of the Black Lung Benefits Amendments of 1981,
    referred to in subsecs. (d), (g), and (l), is Jan. 1, 1982, except
    as otherwise provided. See section 206(a) of Pub. L. 97-119, set
    out as an Effective Date of 1981 Amendment note under section 901
    of this title.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsecs. (a), (i)(4), (j). Pub. L. 99-514 substituted
    "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954"
    wherever appearing, which for purposes of codification was
    translated as "title 26" thus requiring no change in text.
      1984 - Subsec. (a). Pub. L. 98-426 substituted "Subject to
    section 28(h)(1) of the Longshore and Harbor Workers' Compensation
    Act Amendments of 1984, during" for "During".
      1981 - Subsec. (a). Pub. L. 97-119, Sec. 104(b)(3), substituted
    "section 9501(d) of title 26" for "section 934 of this title".
      Subsec. (c). Pub. L. 97-119, Sec. 205(a)(1), substituted "due to
    pneumoconiosis (1)" for "due to pneumoconiosis" and added cl. (2).
      Subsec. (d). Pub. L. 97-119, Sec. 204, inserted provision
    relating to accrual of interest if payment is not made within the
    time required and accumulation of interest with respect to payments
    withheld pending final adjudication of liability in the case of
    claims filed on or after the effective date of the Black Lung
    Benefits Amendments of 1981.
      Subsec. (g). Pub. L. 97-119, Sec. 203(b), inserted provision
    reducing the amount of benefits payable under this section with
    respect to any claim filed on or after the effective date of the
    Black Lung Benefits Amendments of 1981.
      Subsec. (i)(4). Pub. L. 97-119, Sec. 104(b)(4), substituted
    "section 9501(d) of title 26" for "section 934 of this title".
      Subsec. (j). Pub. L. 97-119, Secs. 104(b)(5), 205(a)(2),
    substituted in provision preceding par. (1) "section 9501 of title
    26" for "section 934 of this title" and in par. (1) "section
    9501(d)(1) of title 26" for "section 934(a)(1) of this title" and
    added par. (3).
      Subsec. (l). Pub. L. 97-119, Sec. 203(a)(6), inserted before
    period at end ", except with respect to a claim filed under this
    part on or after the effective date of the Black Lung Benefits
    Amendments of 1981,".
      1978 - Subsec. (a). Pub. L. 95-239, Secs. 3(b)(4), 7(a), inserted
    ", and as it may be amended from time to time" after "as amended",
    inserted a comma after "and 51 thereof)", substituted "or by
    regulations of the Secretary and except that references in such Act
    to the employer shall be considered to refer to the trustees of the
    fund, as the Secretary considers appropriate and as is consistent
    with the provisions of section 934 of this title)" for "and except
    as the Secretary shall by regulation otherwise provide)", and
    inserted ", or with respect to entitlements established in
    paragraph (5) of section 921(c) of this title" after "with respect
    to death or total disability due to pneumoconiosis arising out of
    employment in such mine".
      Subsec. (b). Pub. L. 95-239, Sec. 7(b), provided that an
    employer, other than an operator of a coal mine, shall not be
    required to secure the payment of benefits with respect to any
    employee of that employer to the extent that the employee is
    engaged in the transportation of coal or in coal mine construction
    and authorized the Secretary to require an employer to secure a
    bond or otherwise guarantee the payment of benefits.
      Subsec. (c). Pub. L. 95-239, Sec. 7(c), struck out reference to
    regulations of the Secretary of Health, Education, and Welfare and
    substituted "employment in a mine during a period after December
    31, 1969, when it was operated" for "employment in a mine during
    the period when it was operated".
      Subsec. (e)(3). Pub. L. 95-239, Sec. 7(d), struck out par. (3)
    which had provided that no payment of benefits could be required
    under this section for any period after twelve years after Dec. 30,
    1969.
      Subsec. (f). Pub. L. 95-239, Sec. 7(e), provided that any claim
    for benefits by a miner under this section be filed within three
    years after the later of either a medical determination of total
    disability due to pneumoconiosis or March 1, 1978, and struck out
    provisions which had set special limitations on the filing of a
    claim by a widow.
      Subsec. (h). Pub. L. 95-239, Sec. 7(f), struck out provision
    under which the regulations of the Secretary of Health, Education,
    and Welfare promulgated under section 921 of this title had also
    been applicable to claims under this section.
      Subsec. (i)(1). Pub. L. 95-239, Sec. 7(g), imposed claim
    liability on operators who acquired a mine from a prior operator on
    or after Jan. 1, 1970, with respect to benefits to miners
    previously employed by a prior operator, as if the acquisition had
    not occurred.
      Subsec. (i)(2). Pub. L. 95-239, Sec. 7(g), reenacted par. (2)
    without change.
      Subsec. (i)(3), (4). Pub. L. 95-239, Sec. 7(g), added pars. (3)
    and (4).
      Subsecs. (j) to (l). Pub. L. 95-239, Sec. 7(h), added subsecs.
    (j) to (l).
      1972 - Subsec. (a). Pub. L. 92-303, Secs. 3(b), 5(2), (9),
    substituted "a coal mine" for "an underground coal mine", "1973"
    for "1972" and struck out reference to section 7 of Pub. L. 803,
    69th Congress (44 Stat. 1424, approved March 4, 1927),
    respectively,
      Subsec. (e)(2). Pub. L. 92-303, Sec. 5(3), substituted "January
    1, 1974" for "January 1, 1973".
      Subsec. (e)(3). Pub. L. 92-303, Sec. 5(4), substituted "twelve
    years" for "seven years".
      Subsec. (f). Pub. L. 92-303, Sec. 8, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (h). Pub. L. 92-303, Sec. 3(a), substituted "coal mine"
    for "underground coal mine".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-426 effective Sept. 28, 1984, and
    applicable both with respect to claims filed after such date and to
    claims pending on such date, see section 28(a) of Pub. L. 98-426,
    set out as a note under section 901 of Title 33, Navigation and
    Navigable Waters.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by sections 203(a)(6), (b), 204, 205(a) of Pub. L. 97-
    119 effective Jan. 1, 1982, except as otherwise provided, see
    section 206(a) of Pub. L. 97-119, set out as a note under section
    901 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Amendment by section 3(a), (b) of Pub. L. 92-303 effective Dec.
    30, 1969, see section 3(c) of Pub. L. 92-303, set out as a note
    under section 901 of this title.

-FOOTNOTE-
    (!1) So in original.

    (!2) See References in Text note below.

               

    (!3) So in original.


-End-



-CITE-
    30 USC Sec. 932a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 932a. Appointment of qualified individuals to hear and
      determine claims for benefits

-STATUTE-
      Qualified individuals appointed by the Secretary of Labor may
    hear and determine claims for benefits under part B or part C of
    title IV of the Federal Coal Mine Health and Safety Act of 1969
    (!1) [30 U.S.C. 921 et seq., 931 et seq.] and under section 415 of
    such Act [30 U.S.C. 925]. For purposes of this section, the term
    "qualified individual" means such an individual, regardless of
    whether that individual is a hearing examiner appointed under
    section 3105 of title 5. Nothing in this section shall be deemed to
    imply that there is or is not in effect any authority for such
    individuals to hear and determine such claims under any provision
    of law other than this section.


-SOURCE-
    (Pub. L. 94-504, Oct. 15, 1976, 90 Stat. 2428; Pub. L. 107-275,
    Sec. 2(b)(5), Nov. 2, 2002, 116 Stat. 1926.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Coal Mine Health and Safety Act of 1969, referred to
    in text, is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as
    amended, which was renamed the Federal Mine Safety and Health Act
    of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91
    Stat. 1290. Parts B and C of title IV of the Federal Mine Safety
    and Health Act of 1977 are classified generally to part B (Sec. 921
    et seq.) of this subchapter and to this part (Sec. 931 et seq.),
    respectively. For complete classification of this Act to the Code,
    see Short Title note set out under section 801 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Federal Mine Safety and
    Health Act of 1977 which comprises this chapter or the Black Lung
    Benefits Act which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-275 substituted "under part B or part C" for
    "under part C".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

          EXTENSION OF ADJUDICATION PERIOD THROUGH MARCH 1, 1979      
      Pub. L. 95-239, Sec. 7(i), Mar. 1, 1978, 92 Stat. 100, authorized
    individuals appointed to hear and determine claims for benefits
    under this part and under section 925 of this title pursuant to
    this section, notwithstanding the provisions of section 932(a) of
    this title, to continue to adjudicate such claims during the one-
    year period following Mar. 1, 1978.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 933                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 933. Duties of operators in States not qualifying under
      workmen's compensation laws

-STATUTE-
    (a) Securing of benefits for miners; self-insurers; mutual
      companies
      During any period in which a State workmen's compensation law is
    not included on the list published by the Secretary under section
    931(b) of this title each operator of a coal mine in such State
    shall secure the payment of benefits for which he is liable under
    section 932 of this title by (1) qualifying as a self-insurer in
    accordance with regulations prescribed by the Secretary, or (2)
    insuring and keeping insured the payment of such benefits with any
    stock company or mutual company or association, or with any other
    person or fund, including any State fund, while such company,
    association, person or fund is authorized under the laws of any
    State to insure workmen's compensation.
    (b) Required provisions of insurance contracts
      In order to meet the requirements of clause (2) of subsection (a)
    of this section, every policy or contract of insurance must contain
    - 
        (1) a provision to pay benefits required under section 932 of
      this title, notwithstanding the provisions of the State workmen's
      compensation law which may provide for lesser payments;
        (2) a provision that insolvency or bankruptcy of the operator
      or discharge therein (or both) shall not relieve the carrier from
      liability for such payments; and
        (3) such other provisions as the Secretary, by regulation, may
      require.
    (c) Cancellation of insurance contracts
      No policy or contract of insurance issued by a carrier to comply
    with the requirements of clause (2) of subsection (a) of this
    subsection (!1) shall be canceled prior to the date specified in
    such policy or contract for its expiration until at least thirty
    days have elapsed after notice of cancellation has been sent by
    registered or certified mail to the Secretary and to the operator
    at his last known place of business.

    (d) Penalties for failure to secure payment of benefits
      (1) Any employer required to secure the payment of benefits under
    this section who fails to secure such benefits shall be subject to
    a civil penalty assessed by the Secretary of not more than $1,000
    for each day during which such failure occurs. In any case where
    such employer is a corporation, the president, secretary, and
    treasurer thereof also shall be severally liable to such civil
    penalty as provided in this subsection for the failure of such
    corporation to secure the payment of benefits. Such president,
    secretary, and treasurer shall be severally personally liable,
    jointly with such corporation, for any benefit which may accrue
    under this subchapter in respect to any disability which may occur
    to any employee of such corporation while it shall so fail to
    secure the payment of benefits as required by this section.
      (2) Any employer of a miner who knowingly transfers, sells,
    encumbers, assigns, or in any manner disposes of, conceals,
    secrets,(!2) or destroys any property belonging to such employer,
    after any miner employed by such employer has filed a claim under
    this subchapter, and with intent to avoid the payment of benefits
    under this subchapter to such miner or his or her dependents, shall
    be guilty of a misdemeanor and, upon conviction thereof, shall be
    punished by a fine of not more than $1,000, or by imprisonment for
    not more than one year, or both. In any case where such employer is
    a corporation, the president, secretary, and treasurer thereof also
    shall be severally liable for such penalty of imprisonment as well
    as jointly liable with such corporation for such fine.

      (3) This subsection shall not affect any other liability of the
    employer under this part.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 423, Dec. 30, 1969, 83 Stat. 797;
    Pub. L. 92-303, Sec. 3(b), May 19, 1972, 86 Stat. 153; Pub. L. 95-
    239, Sec. 8, Mar. 1, 1978, 92 Stat. 100.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (d). Pub. L. 95-239 added subsec. (d).
      1972 - Subsec. (a). Pub. L. 92-303 substituted "a coal mine" for
    "an underground coal mine".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Amendment by Pub. L. 92-303 effective Dec. 30, 1969, see section
    3(c) of Pub. L. 92-303, set out as a note under section 901 of this
    title.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".

    (!2) So in original. Probably should be "secretes,".


-End-



-CITE-
    30 USC Sec. 934                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 934. "Fund" defined; liability of operators to United States
      for repayments to fund; procedures applicable; rate of interest

-STATUTE-
      (a) For purposes of this section, the term "fund" has the meaning
    set forth in section 902(h) of this title.
      (b)(1) If - 
        (A) an amount is paid out of the fund to an individual entitled
      to benefits under section 932 of this title, and
        (B) the Secretary determines, under the provisions of sections
      932 and 933 of this title, that an operator was required to
      secure the payment of all or a portion of such benefits,

    then the operator is liable to the United States for repayment to
    the fund of the amount of such benefits the payment of which is
    properly attributed to him plus interest thereon. No operator or
    representative of operators may bring any proceeding, or intervene
    in any proceeding, held for the purpose of determining claims for
    benefits to be paid by the fund, except that nothing in this
    section shall affect the rights, duties, or liabilities of any
    operator in proceedings under section 932 or section 933 of this
    title. In a case where no operator responsibility is assigned
    pursuant to sections 932 and 933 of this title, a determination by
    the Secretary that the fund is liable for the payment of benefits
    shall be final.
      (2) If any operator liable to the fund under paragraph (1)
    refuses to pay, after demand, the amount of such liability
    (including interest), then there shall be a lien in favor of the
    United States for such amount upon all property and rights to
    property, whether real or personal, belonging to such operator. The
    lien arises on the date on which such liability is finally
    determined, and continues until it is satisfied or becomes
    unenforceable by reason of lapse of time.
      (3)(A) Except as otherwise provided under this subsection, the
    priority of the lien shall be determined in the same manner as
    under section 6323 of title 26. That section shall be applied for
    such purposes - 
        (i) by substituting "lien imposed by section 424(b)(2) of the
      Federal Mine Safety and Health Act of 1977" for "lien imposed by
      section 6321"; "operator liability lien" for "tax lien";
      "operator" for "taxpayer"; "lien arising under section 424(b)(2)
      of the Federal Mine Safety and Health Act of 1977" for
      "assessment of the tax"; "payment of the liability is made to the
      Black Lung Disability Trust Fund" for "satisfaction of a levy
      pursuant to section 6332(b)"; and "satisfaction of operator
      liability" for "collection of any tax under this title" each
      place such terms appear; and
        (ii) by treating all references to the "Secretary" as
      references to the Secretary of Labor.

      (B) In the case of a bankruptcy or insolvency proceeding, the
    lien imposed under paragraph (2) shall be treated in the same
    manner as a lien for taxes due and owing to the United States for
    purposes of the Bankruptcy Act or section 3713(a) of title 31.
      (C) For purposes of applying section 6323(a) of title 26 to
    determine the priority between the lien imposed under paragraph (2)
    and the Federal tax lien, each lien shall be treated as a judgment
    lien arising as of the time notice of such lien is filed.
      (D) For purposes of this subsection, notice of the lien imposed
    under paragraph (2) shall be filed in the same manner as under
    subsections (f) and (g) of section 6323 of title 26.
      (4)(A) In any case where there has been a refusal or neglect to
    pay the liability imposed under paragraph (2), the Secretary may
    bring a civil action in a district court of the United States to
    enforce the lien of the United States under this section with
    respect to such liability or to subject any property, of whatever
    nature, of the operator, or in which he has any right, title, or
    interest, to the payment of such liability.
      (B) The liability imposed by paragraph (1) may be collected at a
    proceeding in court if the proceeding is commenced within 6 years
    after the date on which the liability was finally determined, or
    before the expiration of any period for collection agreed upon in
    writing by the operator and the United States before the expiration
    of such 6-year period. The running of the period of limitation
    provided under this subparagraph shall be suspended for any period
    during which the assets of the operator are in the custody or
    control of any court of the United States, or of any State, or the
    District of Columbia, and for 6 months thereafter, and for any
    period during which the operator is outside the United States if
    such period of absence is for a continuous period of at least 6
    months.
      (5) The rate of interest under this subsection - 
        (A) for any period during calendar year 1982, shall be 15
      percent, and
        (B) for any period after calendar year 1982, shall be the rate
      established by section 6621 of title 26 which is in effect for
      such period.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 424, Dec. 30, 1969, 83 Stat. 798;
    Pub. L. 92-303, Sec. 1(c)(1), May 19, 1972, 86 Stat. 151; Pub. L.
    95-227, Sec. 3(d), Feb. 10, 1978, 92 Stat. 13; Pub. L. 96-222,
    title I, Sec. 108(b)(2)(A), Apr. 1, 1980, 94 Stat. 226; Pub. L. 97-
    119, title I, Sec. 104(a)(1), (2), (b)(6), Dec. 29, 1981, 95 Stat.
    1639; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 424(b)(2) of the Federal Mine Safety and Health Act of
    1977, referred to in subsec. (b)(3)(A)(i), is subsec. (b)(2) of
    this section.
      Section 6321, referred to in subsec. (b)(3)(A)(i), means section
    6321 of Title 26, Internal Revenue Code.
      Section 6332(b), referred to in subsec. (b)(3)(A)(i), means
    section 6332(b) of Title 26.
      The Bankruptcy Act, referred to in subsec. (b)(3)(B), is act July
    1, 1898, ch. 541, 30 Stat. 544, as amended, which was classified
    generally to former Title 11, Bankruptcy. The Act was repealed
    effective Oct. 1, 1979, by Pub. L. 95-598, Secs. 401(a), 402(a),
    Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised
    Title 11.

-COD-
                               CODIFICATION                           
      In subsec. (b)(3)(B), "section 3713(a) of title 31" substituted
    for "section 3466 of the Revised Statutes (31 U.S.C. 191)" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b)(3)(A), (C), (D), (5)(B). Pub. L. 99-514
    substituted "Internal Revenue Code of 1986" for "Internal Revenue
    Code of 1954", which for purposes of codification was translated as
    "title 26" thus requiring no change in text.
      1981 - Subsec. (a). Pub. L. 97-119, Sec. 104(b)(6), substituted
    provision defining "fund" as used in this section for provision
    specifying payments, repayments, and reimbursements which funds
    from the Black Lung Disability Trust Fund would be available to
    pay.
      Subsec. (b)(1). Pub. L. 97-119, Sec. 104(a)(2), inserted "plus
    interest thereon" after "attributed to him".
      Subsec. (b)(5). Pub. L. 97-119, Sec. 104(a)(1), added par. (5).
      1980 - Subsec. (b)(3)(A)(i). Pub. L. 96-222 substituted "Federal
    Mine Safety and Health Act of 1977" for "Federal Coal Mine Health
    and Safety Act of 1969".
      1978 - Pub. L. 95-227 added subsec. (a), redesignated existing
    provisions constituting entire section as subsec. (b) and expanded
    applicability and set out procedures for enforcement of rights of
    United States against operators liable to the Fund.
      1972 - Pub. L. 92-303 substituted "widow, child, parent, brother,
    or sister" for "widow" wherever appearing.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 104(a)(3) of Pub. L. 97-119 provided that: "The amendment
    made by paragraph (1) [amending this section] shall take effect on
    January 1, 1982, and shall apply to amounts outstanding on such
    date or arising thereafter."

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-222 effective as if included in the
    provisions of Pub. L. 95-227, which amended this section effective
    Apr. 1, 1978, see section 108(b)(4) of Pub. L. 96-222, set out as a
    note under section 192 of Title 26, Internal Revenue Code.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 3(e) of Pub. L. 95-227 provided that: "This section
    [enacting section 934a of this title and amending this section]
    shall take effect on April 1, 1978."

-End-



-CITE-
    30 USC Sec. 934a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 934a. Repealed.

-MISC1-
    Sec. 934a. Repealed. Pub. L. 97-119, title I, Sec. 103(b), Dec. 29,
      1981, 95 Stat. 1638.
      Section, Pub. L. 95-227, Sec. 3(a)-(c), Feb. 10, 1978, 92 Stat.
    12; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
    695; Pub. L. 96-222, title I, Sec. 108(b)(2)(A), (3)(A), Apr. 1,
    1980, 94 Stat. 226, established a Black Lung Disability Trust Fund,
    designated trustees for the fund, and provided for operation of the
    fund. See section 9501 of Title 26, Internal Revenue Code.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Jan. 1, 1982, see section 103(d)(1) of Pub. L.
    97-119, set out as an Effective Date note under section 9501 of
    Title 26, Internal Revenue Code.

     PROVISIONS RELATING TO PAYMENT OF BENEFITS TO MINERS AND ELIGIBLE
      SURVIVORS OF MINERS TO TAKE EFFECT AS RULES AND REGULATIONS OF
                            SECRETARY OF LABOR
      Pub. L. 95-239, Sec. 20(b), Mar. 1, 1978, 92 Stat. 106, provided
    that in the event that the payment of benefits to miners and to
    eligible survivors of miners cannot be made from the Black Lung
    Disability Trust Fund established by section 3(a) of the Black Lung
    Benefits Revenue Act of 1977 [former subsec. (a) of this section],
    the provisions of the Act relating to the payment of benefits to
    miners and to eligible survivors of miners, as in effect
    immediately before the date of the enactment of this Act [Mar. 1,
    1978], shall take effect, as rules and regulations of the Secretary
    of Labor until such provisions are revoked, amended, or revised by
    law, and that the Secretary of Labor may promulgate additional
    rules and regulations to carry out such provisions and shall make
    benefit payments to miners and to eligible survivors of miners in
    accordance with such provisions.

-End-



-CITE-
    30 USC Sec. 935                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 935. Utilization of services of State and local agencies

-STATUTE-
      With the consent and cooperation of State agencies charged with
    administration of State workmen's compensation laws, the Secretary
    may, for the purpose of carrying out his functions and duties under
    section 932 of this title, utilize the services of State and local
    agencies and their employees and, notwithstanding any other
    provision of law, may advance funds to or reimburse such State and
    local agencies and their employees for services rendered for such
    purposes.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 425, Dec. 30, 1969, 83 Stat. 798.)

-End-



-CITE-
    30 USC Sec. 936                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 936. Regulations and reports

-STATUTE-
    (a) Promulgation; applicability of section 553 of title 5
      The Secretary of Labor and the Secretary of Health and Human
    Services are authorized to issue such regulations as each deems
    appropriate to carry out the provisions of this subchapter. Such
    regulations shall be issued in conformity with section 553 of title
    5, notwithstanding subsection (a) thereof.
    (b) Annual reports to Congress
      At the end of fiscal year 2003 and each succeeding fiscal year,
    the Secretary of Labor shall submit to the Congress an annual
    report on the subject matter of this part and part B of this
    subchapter. Each such report shall be prepared and submitted to
    Congress in accordance with the requirement with respect to
    submission under section 942 of title 33.
    (c) Compliance with State workmen's compensation laws; conflicts
      between State and Federal provisions
      Nothing in this subchapter shall relieve any operator of the duty
    to comply with any State workmen's compensation law, except insofar
    as such State law is in conflict with the provisions of this
    subchapter and the Secretary by regulation, so prescribes. The
    provisions of any State workmen's compensation law which provide
    greater benefits than the benefits payable under this subchapter
    shall not thereby be construed or held to be in conflict with the
    provisions of this subchapter.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 426, Dec. 30, 1969, 83 Stat. 798;
    Pub. L. 92-303, Sec. 5(3), May 19, 1972, 86 Stat. 155; Pub. L. 103-
    296, title I, Sec. 108(i)(3), Aug. 15, 1994, 108 Stat. 1488; Pub.
    L. 104-66, title I, Sec. 1102(b)(2), Dec. 21, 1995, 109 Stat. 723;
    Pub. L. 107-275, Sec. 2(b)(4), Nov. 2, 2002, 116 Stat. 1926.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 942 of title 33, referred to in subsec. (b), was in the
    original "section 42 of the Longshore Harbor Worker's Compensation
    Act" and was translated as reading "section 42 of the Longshore and
    Harbor Workers' Compensation Act" to reflect the probable intent of
    Congress.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-275, Sec. 2(b)(4)(A), struck out
    ", the Commissioner of Social Security," after "The Secretary of
    Labor".
      Subsec. (b). Pub. L. 107-275, Sec. 2(b)(4)(B), amended first
    sentence generally. Prior to amendment, first sentence read as
    follows: "At the end of each fiscal year, the Commissioner of
    Social Security shall submit to the Congress an annual report upon
    the subject matter of part B of this subchapter, and, after January
    1, 1974, the Secretary of Labor shall also submit such a report
    upon the subject matter of this part."
      1995 - Subsec. (b). Pub. L. 104-66 substituted "At the end of
    each fiscal year, the" for "Within 120 days following the convening
    of each session of Congress the" and inserted at end "Each such
    report shall be prepared and submitted to Congress in accordance
    with the requirement with respect to submission under section 942
    of title 33."
      1994 - Subsec. (a). Pub. L. 103-296, Sec. 108(i)(3)(A),
    substituted ", the Commissioner of Social Security, and the
    Secretary of Health and Human Services" for "and the Secretary of
    Health, Education, and Welfare".
      Subsec. (b). Pub. L. 103-296, Sec. 108(i)(3)(B), substituted
    "Commissioner of Social Security" for "Secretary of Health,
    Education, and Welfare".
      1972 - Subsec. (b). Pub. L. 92-303 substituted "January 1, 1974"
    for "January 1, 1973".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

-End-



-CITE-
    30 USC Sec. 937                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 937. Contracts and grants

-STATUTE-
    (a) Construction, purchase, and operation of fixed-site and mobile
      clinical facilities
      The Secretary of Health and Human Services is authorized to enter
    into contracts with, and make grants to, public and private
    agencies and organizations and individuals for the construction,
    purchase, and operation of fixed-site and mobile clinical
    facilities for the analysis, examination, and treatment of
    respiratory and pulmonary impairments in active and inactive coal
    miners. The Secretary shall coordinate the making of such contracts
    and grants with the Appalachian Regional Commission.
    (b) Research activities
      The Secretary of Health and Human Services shall initiate
    research within the National Institute for Occupational Safety and
    Health, and is authorized to make research grants to public and
    private agencies and organizations and individuals for the purpose
    of devising simple and effective tests to measure, detect, and
    treat respiratory and pulmonary impairments in active and inactive
    coal miners. Any grant made pursuant to this subsection shall be
    conditioned upon all information, uses, products, processes,
    patents, and other developments resulting from such research being
    available to the general public, except to the extent of such
    exceptions and limitations as the Secretary of Health and Human
    Services may deem necessary in the public interest.
    (c) Authorization of appropriations
      There is hereby authorized to be appropriated for the purpose of
    subsection (a) of this section $10,000,000 for each fiscal year.
    There are hereby authorized to be appropriated for the purposes of
    subsection (b) of this section such sums as are necessary.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 427, as added Pub. L. 92-303, Sec.
    5(6), May 19, 1972, 86 Stat. 155; amended Pub. L. 95-239, Sec. 9,
    Mar. 1, 1978, 92 Stat. 100; Pub. L. 96-88, title V, Sec. 509(b),
    Oct. 17, 1979, 93 Stat. 695.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (c). Pub. L. 95-239 substituted "$10,000,000 for
    each fiscal year" for "$10,000,000 for each of the fiscal years
    ending June 30, 1973, June 30, 1974, and June 30, 1975".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (a) and
    (b) pursuant to section 509(b) of Pub. L. 96-88 which is classified
    to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

-End-



-CITE-
    30 USC Sec. 938                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 938. Miners suffering from pneumoconiosis; discrimination
      prohibited

-STATUTE-
    (a) Mine operators
      No operator shall discharge or in any other way discriminate
    against any miner employed by him by reason of the fact that such
    miner is suffering from pneumoconiosis. No person shall cause or
    attempt to cause an operator to violate this section. For the
    purposes of this subsection the term "miner" shall not include any
    person who has been found to be totally disabled.
    (b) Determination by Secretary; procedure
      Any miner who believes that he has been discharged or otherwise
    discriminated against by any person in violation of subsection (a)
    of this section, or any representative of such miner may, within
    ninety days after such violation occurs, apply to the Secretary for
    a review of such alleged discharge or discrimination. A copy of the
    application shall be sent to such person who shall be the
    respondent. Upon receipt of such application, the Secretary shall
    cause such investigation to be made as he deems appropriate. Such
    investigation shall provide an opportunity for a public hearing at
    the request of any party to enable the parties to present
    information relating to such violation. The parties shall be given
    written notice of the time and place of the hearing at least five
    days prior to the hearing. Any such hearing shall be of record and
    shall be subject to section 554 of title 5. Each administrative law
    judge presiding under this section and under the provisions of
    subchapters I, II and III of this chapter shall receive
    compensation at a rate determined under section 5372 of title 5.
    Upon receiving the report of such investigation, the Secretary
    shall make findings of fact. If he finds that such violation did
    occur, he shall issue a decision, incorporating an order therein,
    requiring the person committing such violation to take such
    affirmative action as the Secretary deems appropriate, including,
    but not limited to, the rehiring or reinstatement of the miner to
    his former position with back pay. If he finds that there was no
    such violation, he shall issue an order denying the application.
    Such order shall incorporate the Secretary's findings therein.
    (c) Costs and penalties
      Whenever an order is issued under this subsection granting relief
    to a miner at the request of such miner, a sum equal to the
    aggregate amount of all costs and expenses (including the
    attorney's fees) as determined by the Secretary to have been
    reasonably incurred by such miner for, or in connection with, the
    institution and prosecution of such proceedings, shall be assessed
    against the person committing the violation.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 428, as added Pub. L. 92-303, Sec.
    5(7), May 19, 1972, 86 Stat. 155; amended Pub. L. 95-251, Sec.
    2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 101-509, title V,
    Sec. 529 [title I, Sec. 104(d)(3)], Nov. 5, 1990, 104 Stat. 1427,
    1447.)


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-509 amended seventh sentence
    generally, substituting "determined under section 5372 of title 5"
    for "not less than that prescribed for GS-16 under section 5332 of
    title 5".
      1978 - Subsec. (b). Pub. L. 95-251 substituted "administrative
    law judge" for "hearing examiner".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-509 effective on such date as the
    President shall determine, but not earlier than 90 days, and not
    later than 180 days, after Nov. 5, 1990, see section 529 [title
    III, Sec. 305] of Pub. L. 101-509, set out as a note under section
    5301 of Title 5, Government Organization and Employees.

-End-



-CITE-
    30 USC Sec. 939                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 939. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated to the Secretary of Labor
    such sums as may be necessary to carry out his responsibilities
    under this subchapter. Such sums shall remain available until
    expended.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 429, as added Pub. L. 92-303, Sec.
    5(8), May 19, 1972, 86 Stat. 156.)

-End-



-CITE-
    30 USC Sec. 940                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 940. Applicability of amendments to part B of this subchapter
      to this part

-STATUTE-
      The amendments made by the Black Lung Benefits Act of 1972, the
    Black Lung Benefits Reform Act of 1977 and the Black Lung Benefits
    Amendments of 1981 to part B of this subchapter shall, to the
    extent appropriate, also apply to this part.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 430, as added Pub. L. 92-303, Sec.
    5(10), May 19, 1972, 86 Stat. 156; amended Pub. L. 95-239, Sec. 10,
    Mar. 1, 1978, 92 Stat. 100; Pub. L. 97-119, title II, Sec. 202(d),
    Dec. 29, 1981, 95 Stat. 1643.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Black Lung Benefits Act of 1972, referred to in text, is Pub.
    L. 92-303, May 19, 1972, 86 Stat. 150, as amended, which is
    classified generally to sections 901, 902, 921 to 925, 931 to 934,
    and 936 to 941 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 901 of
    this title and Tables.
      The Black Lung Benefits Reform Act of 1977, referred to in text,
    is Pub. L. 95-239, Mar. 1, 1978, 92 Stat. 95. For complete
    classification of this Act to the Code, see Short Title of 1978
    Amendment note set out under section 801 of this title and Tables.
      The Black Lung Benefits Amendments of 1981, referred to in text,
    is Pub. L. 97-119, title II, Dec. 29, 1981, 95 Stat. 1643, which
    amended this section and sections 901, 902, 921, 922, 923, and 932
    of this title and enacted provisions set out as notes under section
    901 of this title. For complete classification of this Act to the
    Code, see Short Title of 1981 Amendment note set out under section
    801 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-119 inserted ", and the Black Lung Benefits
    Amendments of 1981".
      1978 - Pub. L. 95-239 inserted reference to amendments made by
    the Black Lung Benefits Reform Act of 1977 and struck out provision
    that, for the purpose of determining the applicability of the
    presumption established by 921(c)(4) of this title to claims filed
    under this part, no period of employment after June 30, 1971, could
    be considered in determining whether a miner was employed at least
    fifteen years in one or more underground mines.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as
    otherwise provided, see section 206(a) of Pub. L. 97-119, set out
    as a note under section 901 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

-End-



-CITE-
    30 USC Sec. 941                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 941. Penalty for false statements or representations

-STATUTE-
      Any person who willfully makes any false or misleading statement
    or representation for the purpose of obtaining any benefit or
    payment under this subchapter shall be guilty of a misdemeanor and
    on conviction thereof shall be punished by a fine of not more than
    $1,000, or by imprisonment for not more than one year, or both.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 431, as added Pub. L. 92-303, Sec.
    6, May 19, 1972, 86 Stat. 156; amended Pub. L. 95-239, Sec. 12(a),
    Mar. 1, 1978, 92 Stat. 101.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-239 substituted provisions setting the penalty
    for making false or misleading statements or representations for
    the purpose of obtaining benefits or payments for provisions
    relating to the Secretary's duty to disseminate to all persons who
    filed claims under this subchapter prior to May 19, 1972,
    information on the review provisions under the Black Lung Benefits
    Act of 1972.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
    20(a) of Pub. L. 95-239, set out as a note under section 901 of
    this title.

-End-



-CITE-
    30 USC Sec. 942                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 942. Miner benefit entitlement reports; penalty for failure or
      refusal to file

-STATUTE-
      (a) The Secretary may by regulation require employers to file
    reports concerning miners who may be or are entitled to benefits
    under this part, including the date of commencement and cessation
    of benefits and the amount of such benefits. Any such report shall
    not be evidence of any fact stated therein in any proceeding
    relating to death or total disability due to pneumoconiosis of any
    miner to which such report relates.
      (b) Any employer who fails or refuses to file any report required
    of such employer under this section shall be subject to a civil
    penalty of not more than $500 for each such failure or refusal.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 432, as added Pub. L. 95-239, Sec.
    12(b), Mar. 1, 1978, 92 Stat. 101.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-
    239, set out as an Effective Date of 1978 Amendment note under
    section 901 of this title.

-End-



-CITE-
    30 USC Sec. 943                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 943. Black lung insurance program

-STATUTE-
    (a) Authorization to establish and carry out
      The Secretary is authorized to establish and carry out a black
    lung insurance program which will enable operators of coal mines to
    purchase insurance covering their obligations under section 932 of
    this title.
    (b) Non-availability of other insurance coverage
      The Secretary may exercise his or her authority under this
    section only if, and to the extent that, insurance coverage is not
    otherwise available, at reasonable cost, to operators of coal
    mines.
    (c) Agreements with coal mine operators; reinsurance agreements
      (1) The Secretary may enter into agreements with operators of
    coal mines who may be liable for the payment of benefits under
    section 932 of this title, under which the Black Lung Compensation
    Insurance Fund established under subsection (a) of this section
    (hereinafter in this section referred to as the "insurance fund")
    shall assume all or part of the liability of such operator in
    return for the payment of premiums to the insurance fund, and on
    such terms and conditions as will fully protect the financial
    solvency of the insurance fund. During any period in which such
    agreement is in effect the operator shall be deemed in compliance
    with the requirements of section 933 of this title with respect to
    the risks covered by such agreement.
      (2) The Secretary may also enter into reinsurance agreements with
    one or more insurers or pools of insurers under which, in return
    for the payment of premiums to the insurance fund, and on such
    terms and conditions as will fully protect the financial solvency
    of the insurance fund, the insurance fund shall provide reinsurance
    coverage for benefits required to be paid under section 932 of this
    title.
    (d) Terms and conditions of insurability
      The Secretary may by regulation provide for general terms and
    conditions of insurability as applicable to operators of coal mines
    or insurers eligible for insurance or reinsurance under this
    section, including - 
        (1) the types, classes, and locations of operators or
      facilities which shall be eligible for such insurance or
      reinsurance;
        (2) the classification, limitation, and rejection of any
      operator or facility which may be advisable;
        (3) appropriate premiums for different classifications of
      operators or facilities;
        (4) appropriate loss deductibles;
        (5) experience rating; and
        (6) any other terms and conditions relating to insurance or
      reinsurance coverage or exclusion which may be appropriate to
      carry out the purposes of this section.
    (e) Premium schedule studies and investigations
      The Secretary may undertake and carry out such studies and
    investigations, and receive or exchange such information, as may be
    necessary to formulate a premium schedule which will enable the
    insurance and reinsurance authorized by this section to be provided
    on a basis which is (1) in accordance with accepted actuarial
    principles; and (2) fair and equitable.
    (f) Regulations relating to premium rates
      (1) On the basis of estimates made by the Secretary in
    formulating a premium schedule under subsection (e) of this
    section, and such other information as may be available, the
    Secretary shall from time to time prescribe by regulation the
    chargeable premium rates for types and classes of insurers,
    operators of coal mines, and facilities for which insurance or
    reinsurance coverage shall be available under this section and the
    terms and conditions under which, and the area within which, such
    insurance or reinsurance shall be available and such rates shall
    apply.
      (2) Such premium rates shall be (A) based on a consideration of
    the risks involved, taking into account differences, if any, in
    risks based on location, type of operations, facilities, type of
    coal, experience, and any other matter which may be considered
    under accepted actuarial principles; and (B) adequate, on the basis
    of accepted actuarial principles, to provide reserves for
    anticipated losses.
      (3) All premiums received by the Secretary shall be paid into the
    insurance fund.
    (g) Black Lung Compensation Insurance Fund
      (1) The Secretary may establish in the Department of Labor a
    Black Lung Compensation Insurance Fund which shall be available,
    without fiscal year limitation - 
        (A) to pay claims of miners for benefits covered by insurance
      or reinsurance issued under this section;
        (B) to pay the administrative expenses of carrying out the
      black lung compensation insurance program under this section; and
        (C) to repay to the Secretary of the Treasury such sums as may
      be borrowed in accordance with the authority provided in
      subsection (i) of this section.

      (2) The insurance fund shall be credited with - 
        (A) premiums, fees, or other charges which may be collected in
      connection with insurance or reinsurance coverage provided under
      this section;
        (B) such amounts as may be advanced to the insurance fund from
      appropriations in order to maintain the insurance fund in an
      operative condition adequate to meet its liabilities; and
        (C) income which may be earned on investments of the insurance
      fund pursuant to paragraph (3).

      (3) If, after all outstanding current obligations of the
    insurance fund have been liquidated and any outstanding amounts
    which may have been advanced to the insurance fund from
    appropriations authorized under subsection (i) of this section have
    been credited to the appropriation from which advanced, the
    Secretary determines that the moneys of the insurance fund are in
    excess of current needs, he or she may request the investment of
    such amounts as he or she deems advisable by the Secretary of the
    Treasury in public debt securities with maturities suitable for the
    needs of the insurance fund and bearing interest at prevailing
    market rates.
    (h) Omitted
    (i) Authorization of appropriations
      There are authorized to be appropriated to the insurance fund, as
    repayable advances, such sums as may be necessary to meet
    obligations incurred under subsection (g) of this section. All such
    sums shall remain available without fiscal year limitation.
    Advances made pursuant to this subsection shall be repaid, with
    interest, to the general fund of the Treasury when the Secretary
    determines that moneys are available in the insurance fund for such
    repayments. Interest on such advances shall be computed in the same
    manner as provided in subsection (b)(2) of section 934a (!1) of
    this title.


-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 433, as added Pub. L. 95-239, Sec.
    13, Mar. 1, 1978, 92 Stat. 101.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 934a of this title, referred to in subsec. (i), was
    repealed by Pub. L. 97-119, title I, Sec. 103(b), Dec. 29, 1981, 95
    Stat. 1638. See section 9501(c) of Title 26, Internal Revenue Code.

-COD-
                               CODIFICATION                           
      Subsec. (h) of this section, which required the Secretary to
    report to Congress not later than April 1 of each year on the
    financial condition and operation of the insurance fund,
    terminated, effective May 15, 2000, pursuant to section 3003 of
    Pub. L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance. See, also, page 124 of House Document
    No. 103-7.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-
    239, set out as an Effective Date of 1978 Amendment note under
    section 901 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 944                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 944. Statement of reasons for denial of claim

-STATUTE-
      Any individual whose claim for benefits under this subchapter is
    denied shall receive from the Secretary a written statement of the
    reasons for denial of such claim, and a summary of the
    administrative hearing record or, upon good cause shown, a copy of
    any transcript thereof.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 434, as added Pub. L. 95-239, Sec.
    14, Mar. 1, 1978, 92 Stat. 103.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-
    239, set out as an Effective Date of 1978 Amendment note under
    section 901 of this title.

-End-



-CITE-
    30 USC Sec. 945                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 945. Repealed.

-MISC1-
    Sec. 945. Repealed. Pub. L. 107-275, Sec. 2(c)(1), Nov. 2, 2002,
      116 Stat. 1926.
      Section, Pub. L. 91-173, title IV, Sec. 435, as added Pub. L. 95-
    239, Sec. 15, Mar. 1, 1978, 92 Stat. 103; amended Pub. L. 103-296,
    title I, Sec. 108(i)(4), Aug. 15, 1994, 108 Stat. 1488, related to
    review of claims pending on, or denied on or before, Mar. 1, 1978.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 90 days after Nov. 2, 2002, see section 4 of
    Pub. L. 107-275, set out as an Effective Date of 2002 Amendment
    note under section 902 of this title.

-End-


-CITE-
    30 USC SUBCHAPTER V - ADMINISTRATIVE PROVISIONS             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
                 SUBCHAPTER V - ADMINISTRATIVE PROVISIONS             

-End-



-CITE-
    30 USC Sec. 951                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 951. Studies and research

-STATUTE-
    (a) Appropriate projects
      The Secretary of the Interior and the Secretary of Health and
    Human Services, as appropriate, shall conduct such studies,
    research, experiments, and demonstrations as may be appropriate - 
        (1) to improve working conditions and practices in coal or
      other mines, and to prevent accidents and occupational diseases
      originating in the coal or other mining industry;
        (2) to develop new or improved methods of recovering persons in
      coal or other mines after an accident;
        (3) to develop new or improved means and methods of
      communication from the surface to the underground area of a coal
      or other mine;
        (4) to develop new or improved means and methods of reducing
      concentrations of respirable dust in the mine atmosphere of
      active workings of the coal or other mine;
        (5) to develop epidemiological information to (A) identify and
      define positive factors involved in occupational diseases of
      miners, (B) provide information on the incidence and prevalence
      of pneumoconiosis and other respiratory ailments of miners, and
      (C) improve mandatory health standards;
        (6) to develop techniques for the prevention and control of
      occupational diseases of miners, including tests for
      hypersusceptibility and early detection;
        (7) to evaluate the effect on bodily impairment and
      occupational disability of miners afflicted with an occupational
      disease;
        (8) to prepare and publish from time to time, reports on all
      significant aspects of occupational diseases of miners as well as
      on the medical aspects of injuries, other than diseases, which
      are revealed by the research carried on pursuant to this
      subsection;
        (9) to study the relationship between coal or other mine
      environments and occupational diseases of miners;
        (10) to develop new and improved underground equipment and
      other sources of power for such equipment which will provide
      greater safety;
        (11) to determine, upon the written request by any operator or
      authorized representative of miners, specifying with reasonable
      particularity the grounds upon which such request is made,
      whether any substance normally found in a coal or other mine has
      potentially toxic effects in the concentrations normally found in
      the coal or other mine or whether any physical agents or
      equipment found or used in a coal or other mine has potentially
      hazardous effects, and shall submit such determinations to both
      the operators and miners as soon as possible; and
        (12) for such other purposes as they deem necessary to carry
      out the purposes of this chapter.
    (b) Responsibility for carrying out prescribed activities
      Activities under this section in the field of coal or other mine
    health shall be carried out by the Secretary of Health and Human
    Services through the National Institute for Occupational Safety and
    Health established under the Occupational Safety and Health Act of
    1970 [29 U.S.C. 651 et seq.], and activities under this section in
    the field of coal or other mine safety shall be carried out by the
    Secretary of the Interior in coordination with the Secretary.
    (c) Contracting with and grants to public and private agencies;
      availability of information; exceptions
      In carrying out the provisions for research, demonstrations,
    experiments, studies, training, and education under this section
    and sections 861(b) and 952(a) of this title, the Secretary of the
    Interior and the Secretary of Health and Human Services in
    coordination with the Secretary may enter into contracts with, and
    make grants to, public and private agencies and organizations and
    individuals. No research, demonstrations, or experiments shall be
    carried out, contracted for, sponsored, cosponsored, or authorized
    under authority of this chapter, unless all information, uses,
    products, processes, patents, and other developments resulting from
    such research, demonstrations, or experiments will (with such
    exception and limitation, if any, as the Secretary of the Interior
    or the Secretary of Health and Human Services in coordination with
    the Secretary may find to be necessary in the public interest) be
    available to the general public.
    (d) Prevention of diseases affecting persons working with mine
      products
      The Secretary of Health and Human Services shall also conduct
    studies and research into matters involving the protection of life
    and the prevention of diseases in connection with persons, who
    although not miners, work with, or around the products of, coal or
    other mines in areas outside of such mines and under conditions
    which may adversely affect the health and well-being of such
    persons.
    (e) Authorization of appropriations
      There is authorized to be appropriated to the Secretary of the
    Interior such sums as may be necessary to carry out his
    responsibilities under this section and section 861(b) of this
    title at an annual rate of not to exceed $20,000,000 for the fiscal
    year ending June 30, 1970, $25,000,000 for the fiscal year ending
    June 30, 1971, and $60,000,000 for the fiscal year ending June 30,
    1972, and for each succeeding fiscal year thereafter. There is
    authorized to be appropriated annually to the Secretary of Health
    and Human Services such sums as may be necessary to carry out his
    responsibilities under this chapter. Such sums shall remain
    available until expended.
    (f) Exceptions to mandatory health and safety standards for
      improving techniques and equipment
      The Secretary is authorized to grant on a mine-by-mine basis an
    exception to any mandatory health or safety standard under this
    chapter for the purpose of permitting, under such terms and
    conditions as he may prescribe, accredited educational institutions
    the opportunity for experimenting with new and improved techniques
    and equipment to improve the health and safety of miners. No such
    exception shall be granted unless the Secretary finds that the
    granting of the exception will not adversely affect the health and
    safety of miners and publishes his findings.
    (g) Grants for research and development of respiratory equipment
      The Secretary of Health and Human Services is authorized to make
    grants to any public or private agency, institution, or
    organization, and operators or individuals for research and
    experiments to develop effective respiratory equipment.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 501, Dec. 30, 1969, 83 Stat. 798;
    Pub. L. 95-164, title III, Sec. 303(a), Nov. 9, 1977, 91 Stat.
    1320; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
    695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Occupational Safety and Health Act of 1970, referred to in
    subsec. (b), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as
    amended, which is classified principally to chapter 15 (Sec. 651 et
    seq.) of Title 29, Labor. For complete classification of this Act
    to the Code, see Short Title note set out under section 651 of
    Title 29 and Tables.


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164, Sec. 303(a)(1), (2), (6),
    substituted "The Secretary of the Interior and" for "The Secretary
    and" in provisions preceding par. (1), inserted references to mines
    and mining other than coal mines and coal mining in pars. (1), (2),
    (3), (4), and (9), added par. (11), and redesignated former par.
    (11) as (12).
      Subsec. (b). Pub. L. 95-164, Sec. 303(a)(1), (3), inserted
    references to mines other than coal mines, inserted "through the
    National Institute for Occupational Safety and Health established
    under the Occupational Safety and Health Act of 1970" after
    "Secretary of Health, Education, and Welfare", and substituted
    "carried out by the Secretary of the Interior in coordination with
    the Secretary" for "carried out by the Secretary".
      Subsec. (c). Pub. L. 95-164, Sec. 303(a)(4), substituted "the
    Secretary of the Interior and the Secretary of Health, Education,
    and Welfare in coordination with the Secretary" for "the Secretary
    and the Secretary of Health, Education, and Welfare" and "the
    Secretary of the Interior or the Secretary of Health, Education,
    and Welfare in coordination with the Secretary" for "the Secretary
    or the Secretary of Health, Education, and Welfare".
      Subsec. (d). Pub. L. 95-164, Sec. 303(a)(1), inserted reference
    to mines other than coal mines.
      Subsec. (e). Pub. L. 95-164, Sec. 303(a)(5), substituted
    "Secretary of the Interior" for "Secretary" and "$60,000,000" for
    "$30,000,000".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (a) to
    (e) and (g) pursuant to section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                              EFFECTIVE DATE                          
      Subchapter effective Dec. 30, 1969, see section 509 of Pub. L. 91-
    173, Dec. 30, 1969, 83 Stat. 742, set out as a note under section
    801 of this title.

-End-



-CITE-
    30 USC Sec. 951a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 951a. Health, Safety, and Mining Technology Research program

-STATUTE-
    (a) Health, Safety, and Mining Technology Research Plan
      (1) Every 5 years, the Secretary of the Interior, acting through
    the Director of the Bureau of Mines (hereinafter in this section
    referred to as the "Director"), shall develop a Plan for Health,
    Safety, and Mining Technology Research (hereinafter in this
    subsection referred to as the "Plan").
      (2) The Plan shall identify the goals and objectives of the
    Health, Safety, and Mining Technology program of the Bureau of
    Mines, and shall guide research and technology development under
    such program, over each 5-year period.
      (3) In preparing the proposed Plan referred to in paragraph (1),
    the Director shall solicit suggestions, comments and proposals for
    research and technology development projects from the mining
    industry, labor, academia and other concerned groups and
    individuals.
    (b) Technical amendment
      For the purposes of section 951(b) of this title, as amended,
    activities in the field of coal or other mine health under such
    section shall also be carried out by the Secretary of the Interior
    acting through the Director of the Bureau of Mines. Nothing in this
    subsection is intended to preclude or duplicate the ongoing
    research activities of the Bureau of Mines on health hazards safety
    technology or research conducted by the National Institute of
    Occupational Safety and Health on coal mine safety and health
    effects.

-SOURCE-
    (Pub. L. 102-486, title XXV, Sec. 2512, Oct. 24, 1992, 106 Stat.
    3111.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Federal Mine Safety and Health Act of 1977 which
    comprises this chapter.

-CHANGE-
                              CHANGE OF NAME                          
      Bureau of Mines redesignated United States Bureau of Mines by
    section 10(b) of Pub. L. 102-285, set out as a note under section 1
    of this title. For provisions relating to closure and transfer of
    functions of the United States Bureau of Mines, see Transfer of
    Functions note set out under section 1 of this title.

-End-



-CITE-
    30 USC Sec. 952                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 952. Training and education

-STATUTE-
    (a) Programs for operators, agents, and miners
      The Secretary shall expand programs for the education and
    training of operators and agents thereof, and miners in - 
        (1) the recognition, avoidance, and prevention of accidents or
      unsafe or unhealthful working conditions in coal or other mines;
      and
        (2) in the use of flame safety lamps, permissible methane
      detectors, and other means approved by the Secretary for
      detecting methane and other explosive gases accurately.
    (b) Technical assistance to operators
      The Secretary shall, to the greatest extent possible, provide
    technical assistance to operators in meeting the requirements of
    this chapter and in further improving the health and safety
    conditions and practices in coal or other mines.
    (c) National Mine Health and Safety Academy
      (1) The National Mine Health and Safety Academy shall be
    maintained as an agency of the Department of Labor. The Academy
    shall be responsible for the training of mine safety and health
    inspectors under section 954 of this title, and in training of
    technical support personnel of the Mine Safety and Health
    Administration established under section 557a of title 29; and for
    any other training programs for mine inspectors, mining personnel,
    or other persons as the Secretary of Labor shall designate. In
    performing this function, the Academy shall have the authority to
    enter into cooperative educational and training agreements with
    educational institutions, State governments, labor organizations,
    and mine operators and related industries. Such training shall be
    conducted by the Academy in accordance with curriculum needs and
    assignment of instructional personnel established by the user.
      (2) Repealed. Pub. L. 96-38, title I, Sec. 100, July 25, 1979, 93
    Stat. 111.
      (3) The Secretary of the Interior shall conduct his safety
    research responsibilities under section 951 of this title in
    coordination with the Secretary of Labor, and the Secretaries of
    Labor and the Interior are authorized to enter into contractual or
    other agreements for the performance of such safety related
    research.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 502, Dec. 30, 1969, 83 Stat. 800;
    Pub. L. 95-164, title III, Sec. 303(b), (h), Nov. 9, 1977, 91 Stat.
    1320, 1321; Pub. L. 96-38, title I, Sec. 100, July 25, 1979, 93
    Stat. 111.)


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (c)(1). Pub. L. 96-38 substituted "Department of
    Labor" for "Department of the Interior" and "Secretary of Labor"
    for "Secretaries of Labor and the Interior".
      Subsec. (c)(2). Pub. L. 96-38 struck out par. (2) which directed
    that the National Mine Health and Safety Academy use the facilities
    and personnel of the Department of the Interior and that the
    Secretary of the Interior appoint or assign to the Academy
    necessary officers and employees.
      1977 - Subsecs. (a), (b). Pub. L. 95-164, Sec. 303(b), inserted
    references to mines other than coal mines.
      Subsec. (c). Pub. L. 95-164, Sec. 303(h), added subsec. (c).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 953                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 953. Assistance to States

-STATUTE-
    (a) Development and enforcement of health and safety regulations;
      improvement of workmen's compensation and occupational disease
      laws; promotion of Federal-State coordination in mine safety
      The Secretary, in coordination with the Secretary of Health and
    Human Services and the Secretary of the Interior, is authorized to
    make grants in accordance with an application approved under this
    section to any State in which coal or other mining takes place - 
        (1) to assist such State in developing and enforcing effective
      coal or other mine health and safety laws and regulations
      consistent with the provisions of section 955 of this title;
        (2) to improve State workmen's compensation and occupational
      disease laws and programs related to coal or other mine
      employment; and
        (3) to promote Federal-State coordination and cooperation in
      improving the health and safety conditions in the coal or other
      mines.
    (b) Application for grants; contents
      The Secretary shall approve any application or any modification
    thereof, submitted under this section by a State, through its
    official coal or other mine inspection or safety agency, which - 
        (1) sets forth the programs, policies, and methods to be
      followed in carrying out the application in accordance with the
      purposes of subsection (a) of this section;
        (2) provides research and planning studies to carry out plans
      designed to improve State workmen's compensation and occupational
      disease laws and programs, as they relate to compensation to
      miners for occupationally caused diseases and injuries arising
      out of employment in any coal or other mine;
        (3) designates such State coal or other mine inspection or
      safety agency as the sole agency responsible for administering
      grants under this section throughout the State, and contains
      satisfactory evidence that such agency will have the authority to
      carry out the purposes of this section;
        (4) gives assurances that such agency has or will employ an
      adequate and competent staff of trained inspectors qualified
      under the laws of such State to make coal or other mine
      inspections within such State;
        (5) provides for the extension and improvement of the State
      program for the improvement of coal or other mine health and
      safety in the State, and provides that no advance notice of an
      inspection will be provided anyone;
        (6) provides such fiscal control and fund accounting procedures
      as may be appropriate to assure proper disbursement and
      accounting of grants made to the States under this section;
        (7) provides that the designated agency will make such reports
      to the Secretary in such form and containing such information as
      the Secretary may from time to time require;
        (8) contains assurances that grants provided under this section
      will supplement, not supplant, existing State coal or other mine
      health and safety programs; and
        (9) meets additional conditions which the Secretary may
      prescribe in furtherance of, and consistent with, the purposes of
      this section.
    (c) Approval by Secretary; notice and hearing
      The Secretary shall not finally disapprove any State application
    or modification thereof without first affording the State agency
    reasonable notice and opportunity for a public hearing.
    (d) Review by Court of Appeals; conclusiveness of findings of
      Secretary; filing of petition
      Any State aggrieved by a decision of the Secretary under
    subsection (b) or (c) of this section may file within thirty days
    from the date of such decision with the United States Court of
    Appeals for the District of Columbia a petition praying that such
    action be modified or set aside in whole or in part. The court
    shall hear such appeal on the record made before the Secretary. The
    decision of the Secretary incorporating his findings of fact
    therein, if supported by substantial evidence on the record
    considered as a whole, shall be conclusive. The court may affirm,
    vacate, or remand the proceedings to the Secretary for such further
    action as it directs. The filing of a petition under this
    subsection shall not stay the application of the decision of the
    Secretary, unless the court so orders. The provisions of section
    816(a), (b), and (c) of this title shall not be applicable to this
    section.
    (e) Programs to train State inspectors
      Any State application or modification thereof submitted to the
    Secretary under this section may include a program to train State
    inspectors.
    (f) Cooperation in implementation of programs; exchange of reports
      between States
      The Secretary shall cooperate with such State in carrying out the
    application or modification thereof and shall, as appropriate,
    develop and, where appropriate, construct facilities for, and
    finance a program of, training of Federal and State inspectors
    jointly. The Secretary shall also cooperate with such State in
    establishing a system by which State and Federal inspection reports
    of coal or other mines located in the State are exchanged for the
    purpose of improving health and safety conditions in such mines.
    (g) Limitation on grants
      The amount granted to any coal or other mining State for a fiscal
    year under this section shall not exceed 80 per centum of the
    amount expended by such State in such year for carrying out such
    application.
    (h) Authorization of appropriations
      There is authorized to be appropriated $3,000,000 for fiscal year
    1970, and $10,000,000 annually in each succeeding fiscal year to
    carry out the provisions of this section, which shall remain
    available until expended. The Secretary shall provide for an
    equitable distribution of sums appropriated for grants under this
    section to the States where there is an approved application,
    except that no less than one-half of such sum shall be allocated to
    coal-producing States.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 503, Dec. 30, 1969, 83 Stat. 800;
    Pub. L. 95-164, title III, Sec. 303(c), Nov. 9, 1977, 91 Stat.
    1320; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
    695.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164, Sec. 303(c)(1), inserted
    reference to mines and mining other than coal mines and coal mining
    and substituted "Secretary of the Interior" for "Secretary of
    Labor".
      Subsecs. (b), (f), (g). Pub. L. 95-164, Sec. 303(c)(1), inserted
    references to mines and mining other than coal mines and coal
    mining.
      Subsec. (h). Pub. L. 95-164, Sec. 303(c)(2), substituted
    "$10,000,000" for "$5,000,000" and inserted requirement that no
    less than one-half of sums appropriated for grants be allocated to
    coal-producing States.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (a)
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 954                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 954. Appointment of administrative personnel and inspectors;
      qualifications; training programs

-STATUTE-
      The Secretary may, subject to the civil service laws, appoint
    such employees as he deems requisite for the administration of this
    chapter and prescribe their duties. Persons appointed as authorized
    representatives of the Secretary shall be qualified by practical
    experience in mining or by experience as a practical mining
    engineer or by education: Provided, however, That, to the maximum
    extent feasible, in the selection of persons for appointment as
    mine inspectors, no person shall be so selected unless he has the
    basic qualification of at least five years practical mining
    experience and in assigning mine inspectors to the inspection and
    investigation of individual mines, due consideration shall be given
    to the extent possible to their previous experience in the
    particular type of mining operation where such inspections are to
    be made. Persons appointed to assist such representatives in the
    taking of samples of respirable dust for the purpose of enforcing
    subchapter II of this chapter shall be qualified by training,
    experience, or education. The provisions of section 201 of the
    Revenue and Expenditure Control Act of 1968 (82 Stat. 251, 270)
    shall not apply with respect to the appointment of such authorized
    representatives of the Secretary or to persons appointed to assist
    such representatives and to carry out the provisions of this
    chapter, and, in applying the provisions of such section to other
    agencies under the Secretary and to other agencies of the
    Government, such appointed persons shall not be taken into account.
    Such persons shall be adequately trained by the Secretary. The
    Secretary shall develop programs with educational institutions and
    operators designed to enable persons to qualify for positions in
    the administration of this chapter. In selecting persons and
    training and retraining persons to carry out the provisions of this
    chapter, the Secretary shall work with appropriate educational
    institutions, operators, and representatives of miners in
    developing and maintaining adequate programs for the training and
    continuing education of persons, particularly inspectors, and where
    appropriate, the Secretary shall cooperate with such institutions
    in carrying out the provisions of this section by providing
    financial and technical assistance to such institutions.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 505, Dec. 30, 1969, 83 Stat. 802;
    Pub. L. 95-164, title III, Sec. 303(d), Nov. 9, 1977, 91 Stat.
    1320.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in text, are set forth in
    Title 5, Government Organization and Employees. See, particularly,
    section 3301 et seq. of Title 5, Government Organization and
    Employees.
      Section 201 of the Revenue and Expenditure Control Act of 1968
    (82 Stat. 251, 270), referred to in text, is section 201 of Pub. L.
    90-364, title II, June 28, 1968, 82 Stat. 270, which was set out as
    a note under section 3101 of Title 5 and was repealed by Pub. L. 91-
    47, title V, Sec. 503, July 22, 1969, 83 Stat. 83.


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 substituted "practical experience in
    mining" for "practical experience in the mining of coal" and
    inserted provision requiring that mine inspectors, to the maximum
    feasible extent, be persons with at least five years practical
    mining experience and that in assigning inspectors due
    consideration be given to previous experience in the particular
    type mining operations where inspections are to be made.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                           NUMBER OF INSPECTORS                       
      Section 304 of Pub. L. 95-164 provided that: "Nothing contained
    in this Act [see Short Title of 1977 Amendment note under section
    801 of this title] or any amendment made by this Act shall be
    construed to reduce the number of inspectors engaged in enforcement
    of the Federal Coal Mine Health and Safety Act of 1969 [this
    chapter] and the Federal Metal and Nonmetallic Mine Safety Act
    [section 721 et seq. of this title] as in effect prior to the
    effective date of this Act [120 days after Nov. 9, 1977] or to
    reduce the number of inspectors engaged in the enforcement of the
    Occupational Safety and Health Act of 1970 [section 651 et seq. of
    Title 29, Labor]."

-End-



-CITE-
    30 USC Sec. 955                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 955. State laws

-STATUTE-
      (a) No State law in effect on December 30, 1969 or which may
    become effective thereafter shall be superseded by any provision of
    this chapter or order issued or any mandatory health or safety
    standard, except insofar as such State law is in conflict with this
    chapter or with any order issued or any mandatory health or safety
    standard.
      (b) The provisions of any State law or regulation in effect upon
    the operative date of this chapter, or which may become effective
    thereafter, which provide for more stringent health and safety
    standards applicable to coal or other mines than do the provisions
    of this chapter or any order issued or any mandatory health or
    safety standard shall not thereby be construed or held to be in
    conflict with this chapter. The provisions of any State law or
    regulation in effect December 30, 1969, or which may become
    effective thereafter, which provide for health and safety standards
    applicable to coal or other mines for which no provision is
    contained in this chapter or in any order issued or any mandatory
    health or safety standard, shall not be held to be in conflict with
    this chapter.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 506, Dec. 30, 1969, 83 Stat. 803;
    Pub. L. 95-164, title III, Sec. 303(e), Nov. 9, 1977, 91 Stat.
    1321.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this chapter, referred to in subsec.
    (b), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (b). Pub. L. 95-164 inserted reference to mines
    other than coal mines.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 956                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 956. Applicability of administrative procedure provisions

-STATUTE-
      Except as otherwise provided in this chapter, the provisions of
    sections 551 to 559 and sections 701 to 706 of title 5 shall not
    apply to the making of any order, notice, or decision made pursuant
    to this chapter, or to any proceeding for the review thereof.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 507, Dec. 30, 1969, 83 Stat. 803.)

-End-



-CITE-
    30 USC Sec. 957                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 957. Promulgation of regulations

-STATUTE-
      The Secretary, the Secretary of Health and Human Services, the
    Commissioner of Social Security, and the Panel are authorized to
    issue such regulations as each deems appropriate to carry out any
    provision of this chapter.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 508, Dec. 30, 1969, 83 Stat. 803;
    Pub. L. 103-296, title I, Sec. 108(i)(5), Aug. 15, 1994, 108 Stat.
    1488.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-296 substituted "Secretary of Health and Human
    Services, the Commissioner of Social Security" for "Secretary of
    Health, Education, and Welfare".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

-End-



-CITE-
    30 USC Sec. 958                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 958. Annual reports to Congress; contents

-STATUTE-
      (a) Within one hundred and twenty days following the convening of
    each session of Congress the Secretary shall submit through the
    President to the Congress and to the Office of Science and
    Technology an annual report upon the subject matter of this
    chapter, the progress concerning the achievement of its purposes,
    the needs and requirements in the field of coal or other mine
    health and safety, the amount and status of each loan made pursuant
    to this chapter, a description and the anticipated cost of each
    project and program he has undertaken under sections 861(b) and 951
    of this title, and any other relevant information, including any
    recommendations he deems appropriate.
      (b) Repealed. Pub. L. 96-470, title I, Sec. 106(f), Oct. 19,
    1980, 94 Stat. 2238.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 511, Dec. 30, 1969, 83 Stat. 803;
    Pub. L. 95-164, title III, Sec. 303(f), Nov. 9, 1977, 91 Stat.
    1321; Pub. L. 96-470, title I, Sec. 106(f), Oct. 19, 1980, 94 Stat.
    2238.)


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-470 struck out subsec. (b) which
    provided that within 120 days following the convening of each
    session of Congress, the Secretary of Health, Education, and
    Welfare submit through the President to the Congress and to the
    Office of Science and Technology an annual report on health matters
    covered by this chapter.
      1977 - Subsecs. (a), (b). Pub. L. 95-164 inserted references to
    mines other than coal mines.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (a) of this section relating to requirement to submit annual report
    to Congress, see section 3003 of Pub. L. 104-66, as amended, set
    out as a note under section 1113 of Title 31, Money and Finance,
    and page 124 of House Document No. 103-7.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law in Office of Science and Technology and
    in Director or Deputy Director of Office of Science and Technology
    transferred to Director of National Science Foundation, and Office
    of Science and Technology, including offices of Director and Deputy
    Director, provided for by sections 1 and 2 of Reorg. Plan No. 2 of
    1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, was abolished
    by sections 2 and 3(a)(5) of Reorg. Plan No. 1 of 1973, eff. July
    1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out in the Appendix to
    Title 5, Government Organization and Employees.

-End-



-CITE-
    30 USC Sec. 959                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 959. Study of coordination of Federal and State activities;
      report

-STATUTE-
      (a) The Secretary shall make a study to determine the best manner
    to coordinate Federal and State activities in the field of coal or
    other mine health and safety so as to achieve (1) maximum health
    and safety protection for miners, (2) an avoidance of duplication
    of effort, (3) maximum effectiveness, (4) a reduction of delay to a
    minimum, and (5) most effective use of Federal inspectors.
      (b) The Secretary shall make a report of the results of his study
    to the Congress as soon as practicable after December 30, 1969.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 512, Dec. 30, 1969, 83 Stat. 804;
    Pub. L. 95-164, title III, Sec. 303(g), Nov. 9, 1977, 91 Stat.
    1321.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164 inserted reference to mines
    other than coal mines.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 960                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 960. Limitation on issuance of temporary restraining order or
      preliminary injunction

-STATUTE-
      In any proceeding in which the validity of any interim mandatory
    health or safety standard set forth in subchapters II and III of
    this chapter is in issue, no justice, judge, or court of the United
    States shall issue any temporary restraining order or preliminary
    injunction restraining the enforcement of such standard pending a
    determination of such issue on its merits.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 513, Dec. 30, 1969, 83 Stat. 804.)

-End-



-CITE-
    30 USC Sec. 961                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 961. Functions transferred under 1977 amendments

-STATUTE-
    (a) Transfer of functions to Secretary of Labor
      Except with respect to the functions assigned to the Secretary of
    the Interior pursuant to section 501 of the Federal Coal Mine
    Health and Safety Act of 1969 [30 U.S.C. 951], the functions of the
    Secretary of the Interior under the Federal Coal Mine Health and
    Safety Act of 1969, as amended [30 U.S.C. 801 et seq.], and the
    Federal Metal and Nonmetallic Mine Safety Act [30 U.S.C. 721 et
    seq.] are transferred to the Secretary of Labor, except those which
    are expressly transferred to the Commission by this Act. Effective
    on the date of enactment of this Act, Health (!1) and Safety
    Academy is transferred to the Secretary of Labor.

    (b) Existing mandatory standards; review by advisory committee;
      recommendations
      (1) The mandatory standards relating to mines, issued by the
    Secretary of the Interior under the Federal Metal and Nonmetallic
    Mine Safety Act [30 U.S.C. 721 et seq.] and standards and
    regulations under the Federal Coal Mine Health and Safety Act of
    1969 [30 U.S.C. 801 et seq.] which are in effect on November 9,
    1977, shall remain in effect as mandatory health or safety
    standards applicable to metal and nonmetallic mines and to coal
    mines respectively under the Federal Mine Safety and Health Act of
    1977 [30 U.S.C. 801 et seq.] until such time as the Secretary of
    Labor shall issue new or revised mandatory health or safety
    standards applicable to metal and nonmetallic mines and new or
    revised mandatory health or safety standards applicable to coal
    mines.
      (2) Within 60 days after November 9, 1977, the Secretary of Labor
    in consultation with the Secretary of the Interior shall establish
    an advisory committee under section 102 of the Federal Mine Safety
    and Health Act of 1977 [30 U.S.C. 812] which shall, within 180 days
    after the date of the establishment of such advisory committee,
    review the advisory health and safety standards issued by the
    Secretary of the Interior under the Federal Metal and Nonmetallic
    Mine Safety Act and recommend to the Secretary of Labor which of
    those standards (or any modifications of such standards which do
    not substantially diminish the health and safety of miners) should
    be promulgated as mandatory health or safety standards. The
    Secretary of Labor shall publish, within 60 days after any
    recommendations of the advisory committee under this paragraph,
    each of the standards so recommended for adoption with or without
    modifications as a proposed mandatory health or safety standard
    under this section by publication of such standard in the Federal
    Register, and afford interested persons a period of 25 days after
    publication to submit written data or comment. Within 30 days after
    the close of the comment period specified in the preceding
    sentence, the Secretary of Labor shall promulgate by publication in
    the Federal Register mandatory health or safety standards based
    upon the advisory committee recommendation with or without
    modification, and the data and comments received thereon, unless
    the Secretary of Labor determines that such standards will not
    promote the health and safety of miners and publishes an
    explanation of that determination in the Federal Register.
    (c) Unexpended appropriations; personnel; property; records;
      obligations; commitments; savings provisions; pending proceedings
      and suits
      (1) All unexpended balances of appropriations, personnel,
    property, records, obligations, and commitments which are used
    primarily with respect to any functions transferred under the
    provisions of subsection (a) of this section to the Secretary of
    Labor shall be transferred to the Department of Labor or the
    Commission, as appropriate. The transfer of personnel pursuant to
    this paragraph shall be without reduction in classification or
    compensation for one year after such transfer, except that the
    Secretary of Labor shall have full authority to assign personnel
    during such one-year period in order to efficiently carry out
    functions transferred to him under this Act.
      (2) All orders, decisions, determinations, rules, regulations,
    permits, contracts, certificates, licenses, and privileges (A)
    which have been issued, made, granted, or allowed to become
    effective in the exercise of functions which are transferred under
    this section by any department or agency, any functions of which
    are transferred by this section, and (B) which are in effect at the
    time this section takes effect, shall continue in effect according
    to their terms until modified, terminated, superseded, set aside,
    revoked, or repealed by the Secretary of Labor, the Federal Mine
    Safety and Health Review Commission or other authorized officials,
    by any court of competent jurisdiction, or by operation of law.
      (3) The provisions of this section shall not affect any
    proceedings pending at the time this section takes effect before
    any department, agency, or component thereof, functions of which
    are transferred by this section, except that such proceedings, to
    the extent that they relate to functions so transferred, shall be
    continued before the Secretary of Labor or the Federal Mine Safety
    and Health Review Commission. Orders shall be issued in such
    proceedings, appeals shall be taken therefrom, and payments shall
    be made pursuant to such orders, as if this section had not been
    enacted; and orders issued in any such proceedings shall continue
    in effect until modified, terminated, superseded, revoked, or
    repealed by the Secretary of Labor, the Federal Mine Safety and
    Health Review Commission, by a court of competent jurisdiction, or
    by operation of law. Nothing in this subsection shall be deemed to
    prohibit the discontinuance or modification of any proceeding under
    the same terms and conditions and to the same extent that such
    proceeding could have been discontinued if this section had not
    been enacted.
      (4) The provisions of this section shall not affect suits
    commenced prior to the date this section takes effect and in all
    such suits proceedings shall be had, appeals taken, and judgments
    rendered, in the same manner and effect as if this section had not
    been enacted; except that if before the date on which this section
    takes effect, any department or agency (or officer thereof in his
    official capacity) is a party to a suit involving functions
    transferred to the Secretary, then such suit shall be continued by
    the Secretary of Labor. No cause of action, and no suit, action, or
    other proceeding, by or against any department or agency (or
    officer thereof in his official capacity) functions of which are
    transferred by this section, shall abate by reason of the enactment
    of this section. Causes of actions, suits, actions, or other
    proceedings may be asserted by or against the United States or the
    Secretary as may be appropriate and, in any litigation pending when
    this section takes effect, the court may at any time, on its own
    motion or that of any party, enter an order which will give effect
    to the provisions of this paragraph.
    (d) "Function" defined
      For purposes of this section, (1) the term "function" includes
    power and duty, and (2) the transfer of a function, under any
    provision of law, of an agency or the head of a department shall
    also be a transfer of all functions under such law which are
    exercised by any officer (!2) or officer of such agency or
    department.

    (e) Determinations by Director of Office of Management and Budget
      The Director of the Office of Management and Budget in
    consultation with the Secretary of Labor and the Secretary of the
    Interior is authorized and directed to make such determinations as
    may be necessary with regard to the dispositions of personnel,
    personnel positions, property, records, assets, liabilities,
    contracts, obligations, commitments, unexpended balances of
    appropriations, authorizations, allocations, and other funds
    employed, held, used, arising from, available or to be made
    available, in connection with the functions transferred by this Act
    as he may deem necessary to accomplish the purposes of this Act.

-SOURCE-
    (Pub. L. 95-164, title III, Sec. 301, Nov. 9, 1977, 91 Stat. 1317;
    Pub. L. 96-38, title I, Sec. 100, July 25, 1979, 93 Stat. 111.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Coal Mine Health and Safety Act of 1969, referred to
    in subsecs. (a) and (b)(1), is Pub. L. 91-173, Dec. 30, 1969, 83
    Stat. 742, as amended, which was redesignated the Federal Mine
    Safety and Health Act of 1977 by Pub. L. 95-164, title I, Sec. 101,
    Nov. 9, 1977, 91 Stat. 1290, and is classified principally to this
    chapter (Sec. 801 et seq.). For complete classification of this Act
    to the Code, see Short Title note set out under section 801 of this
    title and Tables.
      The Federal Metal and Nonmetallic Mine Safety Act, referred to in
    subsecs. (a) and (b), is Pub. L. 89-577, Sept. 16, 1966, 80 Stat.
    772, which was classified generally to chapter 21 (Sec. 721 et
    seq.) of this title and was repealed by Pub. L. 95-164, title III,
    Sec. 306(a), Nov. 9, 1977, 91 Stat. 1322.
      This Act, referred to in subsecs. (a), (c)(1), and (e), means
    Pub. L. 95-164, Nov. 9, 1977, 91 Stat. 1290, known as the Federal
    Mine Safety and Health Amendments Act of 1977, which enacted
    sections 822 to 825 and 961 of this title and section 557a of Title
    29, Labor, amended sections 801 to 804, 811 to 821, 842, 861, 878,
    951 to 955, 958, and 959 of this title and sections 5314 and 5315
    of Title 5, Government Organization and Employees, repealed
    sections 721 to 740 of this title and section 1456a of Title 43,
    Public Lands, and enacted provisions set out as notes under
    sections 801 and 954 of this title and section 11 of former Title
    31, Money and Finance. For complete classification of this Act to
    the Code, see Short Title of 1977 Amendment note set out under
    section 801 of this title and Tables.
      The date of enactment of this Act, referred to in subsec. (a), is
    the date of enactment of Pub. L. 95-164, which was approved Nov. 9,
    1977.
      The Health and Safety Academy, referred to in subsec. (a),
    probably means the National Mine Health and Safety Academy. See
    section 952(c) of this title.
      The Federal Mine Safety and Health Act of 1977, referred to in
    subsec. (b)(1), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as
    amended by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91
    Stat. 1290, which is classified principally to this chapter (Sec.
    801 et seq.). For complete classification of this Act to the Code,
    see Short Title note set out under section 801 of this title and
    Tables.
      For the time this section takes effect, referred to in subsec.
    (c)(2) and (4), see Effective Date of 1977 Amendment note set out
    under section 801 of this title.

-COD-
                               CODIFICATION                           
      Section was enacted as part of Pub. L. 95-164, known as the
    Federal Mine Safety and Health Amendments Act of 1977, and not as
    part of Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, known as the
    Federal Mine Safety and Health Act of 1977 which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (a). Pub. L. 96-38 inserted provision transferring
    the Health and Safety Academy to the Secretary of Labor.

                              EFFECTIVE DATE                          
      For the effective date of this section, see section 307 of Pub.
    L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "the Health".

    (!2) So in original. Probably should be "office".


-End-



-CITE-
    30 USC Sec. 962                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 962. Acceptance of contributions and prosecution of projects;
      cooperative programs to promote health and safety education and
      training; recognition and funding of Joseph A. Holmes Safety
      Association; use of funds for costs of mine rescue and survival
      operations

-STATUTE-
      The Secretary is authorized to accept lands, buildings,
    equipment, and other contributions from public and private sources
    and to prosecute projects in cooperation with other agencies,
    Federal, State, or private; the Mine Safety and Health
    Administration is authorized to promote health and safety education
    and training in the mining community through cooperative programs
    with States, industry, and safety associations; the Secretary is
    authorized to recognize the Joseph A. Holmes Safety Association as
    a principal safety association and, notwithstanding any other
    provision of law, may provide funds and, with or without
    reimbursement, personnel, including service of Mine Safety and
    Health Administration officials as officers in local chapters or in
    the national organization; and any funds available to the
    department may be used, with the approval of the Secretary, to
    provide for the costs of mine rescue and survival operations in the
    event of a major disaster.

-SOURCE-
    (Pub. L. 109-149, title I, Dec. 30, 2005, 119 Stat. 2841.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the appropriation act cited as the
    credit to this section, and not as part of the Federal Mine Safety
    and Health Act of 1977 which comprises this chapter.


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-447, div. F, title I, Dec. 8, 2004, 118 Stat. 3120.
      Pub. L. 108-199, div. E, title I, Jan. 23, 2004, 118 Stat. 233.
      Pub. L. 108-7, div. G, title I, Feb. 20, 2003, 117 Stat. 305.
      Pub. L. 107-116, title I, Jan. 10, 2002, 115 Stat. 2183.
      Pub. L. 106-554, Sec. 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.
    2763, 2763A-9.
      Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title I], Nov. 29,
    1999, 113 Stat. 1535, 1501A-223.
      Pub. L. 105-277, div. A, Sec. 101(f) [title I], Oct. 21, 1998,
    112 Stat. 2681-337, 2681-344.
      Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1475.
      Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept.
    30, 1996, 110 Stat. 3009-233, 3009-240.
      Pub. L. 104-134, title I, Sec. 101(d) [title I], Apr. 26, 1996,
    110 Stat. 1321-211, 1321-218; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-333, title I, Sept. 30, 1994, 108 Stat. 2545.
      Pub. L. 103-112, title I, Oct. 21, 1993, 107 Stat. 1088.
      Pub. L. 102-394, title I, Oct. 6, 1992, 106 Stat. 1797.
      Pub. L. 102-170, title I, Nov. 26, 1991, 105 Stat. 1112.
      Pub. L. 101-517, title I, Nov. 5, 1990, 104 Stat. 2195.
      Pub. L. 101-166, title I, Nov. 21, 1989, 103 Stat. 1164.
      Pub. L. 100-436, title I, Sept. 20, 1988, 102 Stat. 1686.
      Pub. L. 100-202, Sec. 101(h) [title I], Dec. 22, 1987, 101 Stat.
    1329-256, 1329-262.
      Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title I], Oct. 18, 1986,
    100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233,
    title I], Oct. 30, 1986, 100 Stat. 3341-287.
      Pub. L. 99-178, title I, Dec. 12, 1985, 99 Stat. 1107.
      Pub. L. 98-619, title I, Nov. 8, 1984, 98 Stat. 3310.
      Pub. L. 98-139, title I, Oct. 31, 1983, 97 Stat. 876.
      Pub. L. 97-377, title I, Sec. 101(e)(1) [title I], Dec. 21, 1982,
    96 Stat. 1878, 1883.
      Pub. L. 97-92, Sec. 101(a) [H.R. 4560, title I], Dec. 15, 1981,
    95 Stat. 1183.
      Pub. L. 96-536, Sec. 101(a) [incorporating H.R. 4389, title I,
    for FY 1980], Dec. 16, 1980, 94 Stat. 3166.
      Pub. L. 96-123, Sec. 101(g) [H.R. 4389, title I], Nov. 20, 1979,
    93 Stat. 925.
      Pub. L. 95-480, title I, Oct. 18, 1978, 92 Stat. 1570.
      Pub. L. 95-355, title I, Sept. 8, 1978, 92 Stat. 529.

-End-



-CITE-
    30 USC Sec. 963                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 963. Technical Study Panel

-STATUTE-
    (a) Establishment
      There is established a Technical Study Panel (referred to in this
    section as the "Panel") which shall provide independent scientific
    and engineering review and recommendations with respect to the
    utilization of belt air and the composition and fire retardant
    properties of belt materials in underground coal mining.
    (b) Membership
      The Panel shall be composed of - 
        (1) two individuals to be appointed by the Secretary of Health
      and Human Services, in consultation with the Director of the
      National Institute for Occupational Safety and Health and the
      Associate Director of the Office of Mine Safety;
        (2) two individuals to be appointed by the Secretary of Labor,
      in consultation with the Assistant Secretary for Mine Safety and
      Health; and
        (3) two individuals, one to be appointed jointly by the
      majority leaders of the Senate and House of Representatives and
      one to be appointed jointly by the minority leader of the Senate
      and House of Representatives, each to be appointed prior to the
      sine die adjournment of the second session of the 109th Congress.
    (c) Qualifications
      Four of the six individuals appointed to the Panel under
    subsection (b) shall possess a masters or doctoral level degree in
    mining engineering or another scientific field demonstrably related
    to the subject of the report. No individual appointed to the Panel
    shall be an employee of any coal or other mine, or of any labor
    organization, or of any State or Federal agency primarily
    responsible for regulating the mining industry.
    (d) Report
      (1) In general
        Not later than 1 year after the date on which all members of
      the Panel are appointed under subsection (b), the Panel shall
      prepare and submit to the Secretary of Labor, the Secretary of
      Health and Human Services, the Committee on Health, Education,
      Labor, and Pensions of the Senate, and the Committee on Education
      and the Workforce of the House of Representatives a report
      concerning the utilization of belt air and the composition and
      fire retardant properties of belt materials in underground coal
      mining.
      (2) Response by Secretary
        Not later than 180 days after the receipt of the report under
      paragraph (1), the Secretary of Labor shall provide a response to
      the Committee on Health, Education, Labor, and Pensions of the
      Senate and the Committee on Education and the Workforce of the
      House of Representatives containing a description of the actions,
      if any, that the Secretary intends to take based upon the report,
      including proposing regulatory changes, and the reasons for such
      actions.
    (e) Compensation
      Members appointed to the Panel, while carrying out the duties of
    the Panel shall be entitled to receive compensation, per diem in
    lieu of subsistence, and travel expenses in the same manner and
    under the same conditions as that prescribed under section 210(c)
    of title 42.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 514, as added Pub. L. 109-236, Sec.
    11, June 15, 2006, 120 Stat. 501.)

-End-



-CITE-
    30 USC Sec. 964                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 964. Scholarships

-STATUTE-
    (a) Establishment
      The Secretary of Education (referred to in this section as the
    "Secretary"), in consultation with the Secretary of Labor and the
    Secretary of Health and Human Services, shall establish a program
    to provide scholarships to eligible individuals to increase the
    skilled workforce for both private sector coal mine operators and
    mine safety inspectors and other regulatory personnel for the Mine
    Safety and Health Administration.
    (b) Fundamental skills scholarships
      (1) In general
        Under the program under subsection (a), the Secretary may award
      scholarship to fully or partially pay the tuition costs of
      eligible individuals enrolled in 2-year associate's degree
      programs at community colleges or other colleges and universities
      that focus on providing the fundamental skills and training that
      is of immediate use to a beginning coal miner.
      (2) Skills
        The skills described in paragraph (1) shall include basic math,
      basic health and safety, business principles, management and
      supervisory skills, skills related to electric circuitry, skills
      related to heavy equipment operations, and skills related to
      communications.
      (3) Eligibility
        To be eligible to receive a scholarship under this subsection
      an individual shall - 
          (A) have a high school diploma or a GED;
          (B) have at least 2 years experience in full-time employment
        in mining or mining-related activities;
          (C) submit to the Secretary an application at such time, in
        such manner, and containing such information; and
          (D) demonstrate an interest in working in the field of mining
        and performing an internship with the Mine Safety and Health
        Administration or the National Institute for Occupational
        Safety and Health Office of Mine Safety.
    (c) Mine safety inspector scholarships
      (1) In general
        Under the program under subsection (a), the Secretary may award
      scholarship to fully or partially pay the tuition costs of
      eligible individuals enrolled in undergraduate bachelor's degree
      programs at accredited colleges or universities that provide the
      skills needed to become mine safety inspectors.
      (2) Skills
        The skills described in paragraph (1) include skills developed
      through programs leading to a degree in mining engineering, civil
      engineering, mechanical engineering, electrical engineering,
      industrial engineering, environmental engineering, industrial
      hygiene, occupational health and safety, geology, chemistry, or
      other fields of study related to mine safety and health work.
      (3) Eligibility
        To be eligible to receive a scholarship under this subsection
      an individual shall - 
          (A) have a high school diploma or a GED;
          (B) have at least 5 years experience in full-time employment
        in mining or mining-related activities;
          (C) submit to the Secretary an application at such time, in
        such manner, and containing such information; and
          (D) agree to be employed for a period of at least 5 years at
        the Mine Safety and Health Administration or, to repay, on a
        pro-rated basis, the funds received under this program, plus
        interest, at a rate established by the Secretary upon the
        issuance of the scholarship.
    (d) Advanced research scholarships
      (1) In general
        Under the program under subsection (a), the Secretary may award
      scholarships to fully or partially pay the tuition costs of
      eligible individuals enrolled in undergraduate bachelor's degree,
      masters degree, and Ph.D. degree programs at accredited colleges
      or universities that provide the skills needed to augment and
      advance research in mine safety and to broaden, improve, and
      expand the universe of candidates for mine safety inspector and
      other regulatory positions in the Mine Safety and Health
      Administration.
      (2) Skills
        The skills described in paragraph (1) include skills developed
      through programs leading to a degree in mining engineering, civil
      engineering, mechanical engineering, electrical engineering,
      industrial engineering, environmental engineering, industrial
      hygiene, occupational health and safety, geology, chemistry, or
      other fields of study related to mine safety and health work.
      (3) Eligibility
        To be eligible to receive a scholarship under this subsection
      an individual shall - 
          (A) have a bachelor's degree or equivalent from an accredited
        4-year institution;
          (B) have at least 5 years experience in full-time employment
        in underground mining or mining-related activities; and
          (C) submit to the Secretary an application at such time, in
        such manner, and containing such information.
    (e) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 515, as added Pub. L. 109-236, Sec.
    12, June 15, 2006, 120 Stat. 502.)

-End-



-CITE-
    30 USC Sec. 965                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 965. Brookwood-Sago Mine Safety Grants

-STATUTE-
    (a) In general
      The Secretary of Labor shall establish a program to award
    competitive grants for education and training, to be known as
    Brookwood-Sago Mine Safety Grants, to carry out the purposes of
    this section.
    (b) Purposes
      It is the purpose of this section,(!1) to provide for the funding
    of education and training programs to better identify, avoid, and
    prevent unsafe working conditions in and around mines.

    (c) Eligibility
      To be eligible to receive a grant under this section, an entity
    shall - 
        (1) be a public or private nonprofit entity; and
        (2) submit to the Secretary of Labor an application at such
      time, in such manner, and containing such information as the
      Secretary may require.
    (d) Use of funds
      Amounts received under a grant under this section shall be used
    to establish and implement education and training programs, or to
    develop training materials for employers and miners, concerning
    safety and health topics in mines, as determined appropriate by the
    Mine Safety and Health Administration.
    (e) Awarding of grants
      (1) Annual basis
        Grants under this section shall be awarded on an annual basis.
      (2) Special emphasis
        In awarding grants under this section, the Secretary of Labor
      shall give special emphasis to programs and materials that target
      workers in smaller mines, including training miners and employers
      about new Mine Safety and Health Administration standards, high
      risk activities, or hazards identified by such Administration.
      (3) Priority
        In awarding grants under this section, the Secretary of Labor
      shall give priority to the funding of pilot and demonstration
      projects that the Secretary determines will provide opportunities
      for broad applicability for mine safety.
    (f) Evaluation
      The Secretary of Labor shall use not less than 1 percent of the
    funds made available to carry out this section in a fiscal year to
    conduct evaluations of the projects funded under grants under this
    section.
    (g) Authorization of appropriations
      There are authorized to be appropriated for each fiscal year,
    such sums as may be necessary to carry out this section.

-SOURCE-
    (Pub. L. 109-236, Sec. 14, June 15, 2006, 120 Stat. 504.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mine Improvement and New
    Emergency Response Act of 2006, also known as the MINER Act, and
    not as part of the Federal Mine Safety and Health Act of 1977 which
    comprises this chapter.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-