An Act to promote health and safety in metal and nonmetallic mineral industries, and for other purposes
PL 89-577 (H.R.8989), enacted 09/16/1966

772 
PUBLIC LAW 89-576-SEPT. 14, 1966 
[80 
STAT. 
Public Law 89-576 
September 14, 1966 
A N 
A C T 
[H. R. 13284] 
rj.^ redefine eligibility for membership in AM 
VETS (American Veterans of 
World War II). 
AMVETS, 
Membership 
eligibility. 
69 Stat. 375. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That section 6 of 
the Act approved July 23, 1947, Public Law 216, Eightieth Congress 
(61 Stat. 407; 36 U.S.C. 67e), is amended to read as follows: 
"SEC. 6. Any person who served in the Armed Forces of the United 
States of America or .any American citizen who served in the armed 
forces of an. allied nation of the United States on or after September 
16,1940, and on or before the date of cessation of hostilities as deter-
mined by the Government of the United States, is eligible for regular 
membership in AMVETS, provided such service when terminated 
by discharge or release from active duty be by honorable discharge or 
separation. 
No person who is a member of, or who advocates the 
principles of, any organization believing in, or working for, the over-
throw of the United States Government by force, and no person who 
refuses to uphold and defend the Constitution of the United States, 
shall be privileged to become, or continue to be, a member of this 
organization." 
Approved September 14, 1966. 
September 16, 1966 
[H. R. 8989] 
Federal Metal 
and Nonmetallic 
Mine Safety Act. 
Public Law 89-577 
AN ACT 
To promote health and safety in metal and nonmetallic mineral industries, 
and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Federal Metal and Nonmetallic Mine Safety Act". 
DEFINITIONS AND EXEMPTIONS 
SEC. 2. For the purposes of this Act. 
(a) The term "commerce" means trade, traffic, commerce, transpor-
tation, or communication betw^een any State, the Commonwealth of 
Puerto Rico, the District of Columbia, or any territory or possession 
of the United States, and any other place outside the respective bound-
aries thereof, or wholly within the District of Columbia, or any 
territory or possession of the United States, or between points in 
the same State, if passing through any point outside the boundaries 
thereof. 
(b) The term "mine" means (1) an area of land from which minerals 
other than coal or lignite are extracted in nonliquid form or, if in liquid 
80 STAT. ] 
PUBLIC LAW 89.577-SEPT. 16, 1966 
773 
form, are extracted with workers underground, (2) private w^ays and 
roads appurtenant to such area, and (3) land, excavations, under-
ground passageways, and workings, structures, facilities, equipment, 
machines, tools, or other property, on the surface or underground, used 
in the work of extracting such minerals other than coal or lignite from 
their natural deposits in nonliquid form, or if in liquid form, with 
workers underground, or used in the milling of such minerals, except 
that with respect to protection against radiation hazards such term 
shall not include property used in the milling of source material as 
defined in the Atomic Energy Act of 1954, as amended. 
^^ ^^^ ^Vn 
(c) The term "operator" means the person, partnership, association, note. 
or corporation, or subsidiary of a corporation operating a mine, and 
owning the right to do so, and includes any agent thereof charged with 
responsibility for the operation of such mme. 
(d) The term "Secretary" means the Secretary of the Interior or his 
duly authorized representative. 
(e) The term "Board" means the Federal Metal and Nonmetallic 
Mine Safety Board of Review created by section 10. 
SEC. 3. (a) Each mine the products of which regularly enter com- 
Applicability. 
merce, or the operations of which affect commerce, shall be subject to 
this Act. 
(b) The Secretary may, by published rules adopted pursuant to the 
Administrative Procedure Act, decline to assert jurisdiction under this 
5°u^*c**io^o'/* 
Act over any class or category of mines where, in the opinion of the note. 
Secretary, the effect of the operations of such mines on commerce is 
not sufficiently substantial to warrant the exercise of jurisdiction under 
this Act, and the record of injuries and accidents in such class or cate-
gory of mines warrants such a declination of jurisdiction. 
INSPECTIONS 
SEC. 4. The Secretary of the Interior is authorized at any time to 
cause to be made such inspections and investigations as he shall deem 
necessary in mines which are subject to this Act (1) for the purpose of 
obtaining, utilizing, and disseminating information relating to health 
and safety conditions in such mines, the causes of accidents involving 
bodily injury or loss of life, or the causes of occupational diseases 
originating therein, (2) for the purpose of determining whether or 
not there is compliance with a health and safety standard or order 
issued under this Act, or (3) for the purpose of evaluating the manner 
in which a State plan approved under section 16 is being carried out. 
At least once each calendar year the Secretary shall inspect each under-
ground mine which is subject to this Act. 
SEC. 5. For the purpose of making any inspection or investigation 
authorized by this Act, authorized representatives of the Secretary 
shall be entitled to admission to, and shall have the right of entry to, 
upon, or through, any mine which is subject to this Act. 
774 
PUBLIC LAW 89-577-SEPT. 16, 1966 
[80 
STAT. 
Publication in 
Federal Register. 
Requests for 
public hearing. 
60 Stat. 237. 
5 u s e 1001 
note. 
Publication in 
Federal Register. 
HEALTH AND SAFETY STANDARDS 
SEC. 6. (a) The Secretary shall develop, and from time to time 
revise, after consultation with advisory committees appointed pur-
suant to section 7 of this Act, and promulgate health and safety 
standards for the purpose of the j)rotection of life, the promotion of 
health and safety, and the prevention of accidents in mines which are 
subject to this Act. 
(b) After consultation with an appropriate advisory committee 
established pursuant to section 7 of this Act, the Secretary, by a notice 
published in the Federal Register, shall designate as mandatory 
standards those standards promulgated pursuant to subsection (a) 
of this section which deal with conditions or practices of a kind which 
could reasonably be expected to cause death or serious physical harm, 
and the operators of mines to which such standards are applicable 
shall comply with such mandatory standards pursuant to the provi-
sions of section 8 and section 9 of this Act. 
(c) The Secretary shall publish in the Federal Register, health 
and safety standards which ne proposes to promulgate, and he shall 
specifically identify those standards which lie proposes to designate 
as mandatory standards, and he shall also specifically designate those 
mandatory standards which have been recommended by an Advisory 
Committee appointed pursuant to section 7 of this Act. 
Interested 
persons shall be afforded a period of not less than 30 days after the 
publication of the proposed standards in which to submit written 
data, views, or arguments. Except as provided in subsection (d) 
of this section, the Secretary may, upon the expiration of such period 
and after consideration of all relevant matter presented, promulgate 
such standards. 
(d) (1) On or before the last day of a period fixed for the submis-
sion of written data, views, or arguments, any person who may be 
adversely affected by a health and safety standard which the Secretary 
proposes to promulgate and to designate as a mandatory standard may 
file with the Secretary written objections thereto stating the grounds 
therefor, and requesting a public hearing (subject to the provisions 
of the Administrative Procedure Act) on such objections. The Secre-
tary shall not promulgate any proposed mandatory standard respect-
ing which such objections have been filed, until he has taken final 
action upon them as provided in paragraph (2) of this subsection. 
As soon as practicable after the period for filing such objections has 
expired, the Secretary shall publish in the Federal Register a notice 
specifying the proposed mandatory standards to which such objections 
have been filed. 
(2) If such objections requesting a public hearing are filed, as soon 
after the expiration of the period for filing such objections as is prac-
tical, the Secretary, after due notice, shall hold a public hearing for 
the purpose of receiving evidence relevant and material to the issues 
raised by such objections. At the hearing, any interested person may 
80 STAT. ] 
PUBLIC LAW 89.577-SEPT. 16, 1966 
775 
be heard. As soon as practicable after completion of the hearing, the 
Secretary shall act upon such objections and make his decision public. 
Such decision shall be based only on substantial evidence of record at 
such hearing and shall set forth detailed findings of fact on which the 
decision is based. 
(3) Any person aggrieved by a decision of the Secretary under 
Review of order. 
paragraph (2) of this subsection may obtain a review of such order 
by the United States Court of Appeals for the District of Columbia 
by filing in such court within 20 days following the issuance of such 
decision a petition praying that the decision of the Secretary be modi-
fied or set aside in whole or in part. A copy of such petition shall 
forthwith be served upon the Secretary, and thereupon the Secretary-
shall certify and file in the court the record upon which the decision 
complained of was issued. The findings of fact by the Secretary, if 
supported by substantial evidence, shall be conclusive; but the court, 
for good cause shown, may remand the case to the Secretary to take 
further evidence, and the Secretary may thereupon make new or 
modified findings of fact and may modify his previous action and shall 
certify to the court the record of the further proceedings. Such new 
or modified findings of fact shall likewise be conclusive if supported 
by substantial evidence. The court shall have jurisdiction to affirm 
the action of the Secretary or to set it aside, in whole or in part. The 
judgment of the court shall be subject to review by the Supreme Court 
of the United States upon certiorari or certification as provided in 
section 1254 of title 28, United States Code. The commencement of 
^^ stat. 9 28. 
a proceeding under this paragraph (3) shall not, unless specifically 
ordered by the court, operate as a stay of the Secretary's decision. 
(e) The provisions of subsection (d) of this section shall not be 
applicable to any proposed mandatory standard which has been recom-
mended by an Advisory Committee appointed pursuant to section 7 
of this Act. 
ADVISORY COMMITTEES 
SEC. 7. (a) The Secretary is authorized to establish advisory com-
mittees to assist him in the development of health and safety standards 
for mines which are subject to this Act, and to advise him on other 
matters relating to health and safety in such mines. Each such advi-
sory committee shall include among its members an equal number of 
persons qualified by experience and affiliation to present the view-
point of operators of such mines, and of persons similarly qualified to 
present the viewpoint of workers in such mines, as well as one or more 
representatives of mine inspection or safety agencies of the States. 
(b) Members appointed to such a committee from private life shall, member^s?^^*'"" °^ 
while serving on business of the committee, be entitled to receive com-
j)ensation at rates fixed by the Secretary, but not exceeding $100 per 
day, including travel time; and while so serving away from their 
homes or regular places of business, they may be paid travel expenses 
and per diem in lieu of subsistence at the rates authorized by section 5 
of the Administrative Expenses Act of 1946 (5 U.S.C, sec. 73b-2). 
,f °J?*^/o°1'.n 
•
•
• 
^ 
' 
' 
75 ntat. 339, 
340. 
FINDINGS AND 
ORDERS 
SEC. 8. (a) If, upon any inspection or investigation of a mine which 
is subject to this Act, an authorized representative of the Secretary 
finds that conditions or practices in such mine are such that a danger 
exists which could reasonably l>e expected to cause death or serious 
physical harm immediately or before the imminence of such danger 
can be eliminated, such representative sliall determine the extent of 
the area of such mine throughout which the danger exists, and there-
776 
PUBLIC LAW 89-577-SEPT. 16, 1966 
[80 STAT. 
upon issue an order requiring the operator of such mine to cause all 
persons, except the following persons whose presence in such area 
is necessary to eliminate the danger described in such order, to be 
withdrawn from, and to be debarred from, entering such area: 
(1) Any person whose presence in such area is necessary, in the 
judgment of the operator of the mine, to eliminate the danger 
described in the order; (2) any public official whose official duties 
require him to enter such area; or (3) any legal or technical con-
sultant, or any representative of the employees of the mine, who is a 
certified person qualified to make mine examinations, or is accompa-
nied by such a person, and whose presence in such area is necessary, 
in the judgment of the operator of the mine, for the proper investi-
gation of the conditions described in the order. 
(b) If, upon any such inspection or investigation, an authorized 
representative finds that there has been a failure to comply with a 
mandatory standard which is applicable to such mine, but that such 
failure to comply has not created a danger that could reasonably be 
expected to cause death or serious physical harm in such mine imme-
diately or before the imminence of such danger can be eliminated, he 
shall find what would be a reasonable period of time within which 
such violation should be totally abated and thereupon issue a notice 
fixing a reasonable time for the abatement of the violation. If, upon 
the expiration of such period of time as originally fixed or extended, 
the authorized representative finds that such violation has not been 
totally abated, and if he also finds that such period of time should not 
be further extended, he shall also find the extent of the area which is 
affected by such violation. Thereupon, he shall promptly make an 
order requiring the operator of such mine to cause all persons in such 
area, excepting the following persons w^hose presence in such area is 
necessary to abate the violation described in the order, to be with-
drawn from, and to be debarred from, entering such area: 
(1) Any person whose presence in such area is necessary, in the 
judgment of the operator of the mine, to abate the violation described 
in the order; (2) any public official whose official duties require him to 
enter such area; or (3) any legal or technical consultant, or any repre-
sentative of the employees of the mine, who is a certified person quali-
fied to make mine examinations, or is accompanied by such a person, 
and whose presence in such area is necessary, in the judgment of the 
operator of the mine, for the proper investigation of the conditions 
described in the order. 
(c) Findings and orders issued pursuant to this section shall con-
tain a detailed description of the conditions or practices which cause 
and constitute a situation of imminent danger or a violation of a 
mandatory standard, and a description of the area of the mine 
throughout which persons must be withdrawn and debarred. 
(d) Each finding made and notice or order issued under this section 
shall be given promptly to the operator of the mine to which it per-
tains by the person making such finding or order, and all such findings, 
orders, and notices shall be in writing, and shall be signed by the 
person making them. 
A notice or order issued pursuant to this sec-
tion may be annulled, canceled, or revised by .an authorized repre-
sentative of the Secretary. 
(e) If an order is made pursuant to subsection (a) of this section, 
and a State inspector did not participate in the inspection on which 
such order is based, the duly authorized representative of the Secre-
tary who issued the order shall notify the State mine inspection or 
safety agency immediately, but not later than twenty-four hours after 
the issuance of such order, that such order has been issued. 
Following 
such order the operator of the mine may immediately request the State 
80 STAT. ] 
PUBLIC LAW 89-577-SEPT. 16, 1966 
777 
mine inspection or safety agency to assign a State inspector to inspect 
the mine. 
The State agency shall then promptly assign a State 
inspector to inspect the mine affected by such order and file an inspec-
tion report with the Secretary and the State agency. 
The order of 
the duly authorized representative of the Secretary shall remain in 
effect, but shall inmiediately be subject to review as provided in this 
Act. 
REVIEW BY SECRETARY 
SEC. 9. (a) An operator notified of an order made pursuant to 
section 8(a) may applj^ to the Secretary for annulment or revision of 
such order. 
Upon receipt of such application the Secretary shall make 
a special inspection of the mine affected by such order, or cause three 
duly authorized representatives of the Secretary of the Interior, other 
than the representative who made such order, to make such inspection 
of such mine and to report thereon to him. Upon making such special 
inspection himself, or upon receiving the report of such inspection 
made by such representatives, the Secretary shall find whether or not 
danger throughout the area of such mine as set out in such order existed 
at the time of making such special inspection. 
If he finds that such 
danger did not then exist throughout such area of such mine, he shall 
make an order, consistent with his findings, revising or annulling the 
order under review. 
If he finds that such danger did then exist 
throughout such area of such mine, he shall make an order denying 
such application. 
(b) An operator notified of an order made pursuant to section 8(b) 
may apply to the Secretary for annulment or revision of such order. 
Upon receipt of such application the Secretary shall make a special 
inspection of the mine affected by such order, or cause three duly au-
thorized representatives of the Secretary of the Interior, other than 
the representative who made such order, to make such inspection of 
such mine and report thereon to him. 
Upon making such special 
inspection himself, or upon receiving the report of such inspection 
made by such representatives, the Secretary shall find whether or not 
there was a violation of a mandatory safety standard as described in 
such order, at the time of the making of such order. 
If he finds there 
was no such violation, he shall make an order annulling the order 
under review. 
If he finds there was such a violation, he shall also 
find whether or not such violation was totally abated at the time of 
the making of such special inspection. 
If he finds that such viola-
tion was totally abated at such time, he shall make an order annulling 
the order under review. If he finds that such violation was not totally 
abated at such time, he shall find whether or not the period of time 
within which such violation should be totally abated, fixed under sec-
tion 8(b), should be extended. 
If he finds that such period of time 
should be extended, he shall find what a reasonable extension of such 
period of time would be. Thereupon he shall find the extent of the 
area of such mine which was affected by such violation at the time 
such special inspection was made, and then he shall make an order, 
consistent with his findings, revising the order under review. 
If he 
finds that such violation was not totally abated at the time of such 
special inspection, and that such period of time should not be ex-
tended, he shall find the extent of the area of such mine which was 
affected by such violation at the time such special inspection was 
made, and he shall then make an order, consistent with his findings, 
affirming or revising the order under review. 
(c) In view of the urgent need for prompt decision of matters sub-
mitted to the Secretary under this section, all actions which the Secre-
778 
PUBLIC LAW 89-577-SEPT. 16, 1966 
[80 STAT. 
tary or his representatives are required to take under this section shall 
be taken as rapidly as practicable, consistent with adequate considera-
tion of the issues involved. 
Federal Metal 
and Nonmetallic 
Mine Safety Board 
of Review. 
Membership, 
duration. 
Compensation. 
63 Stat. 166. 
5 u s e 835 note. 
Appointment of 
personnel, etc. 
Ante, p. 288. 
CREATION o r REVIEW BOARD 
SEC. 10. (a) An agency is hereby created to be known as the Federal 
Metal and Nonmetallic Mine Safety Board of Review, which shall 
be composed of five members who shall be appointed by the President, 
by and with the advice and consent of the Senate. 
(b) The terms of office of members of the Board shall be five years, 
except that the terms of office of the members first appointed shall 
commence on the effective date of this section and shall expire one at 
the end of one year, one at the end of two years, one at the end of three 
years, one at the end of four years and one at the end of five years, as 
designated by the President at the time of appointment. A member 
appointed to fill a vacancy caused by the death, resignation, or re-
moval of a member prior to the expiration of the term for which ho 
was appointed shall be appointed only for the remainder of such 
unexpired term. The members of the Board may be removed by the 
President for inefficiency, neglect of duty, or malfeasance in office. 
(c) Each member of the Board shall be compensated at the rate of 
$50 for each day of actual service (including each day he is traveling 
on official business) and shall, notwithstanding the Travel Expense 
Act of 1949, be fully reimbursed for traveling, subsistence, and other 
related expenses. The Board, at all times, shall consist of two per-
sons who by reason of previous training and experience may reasonably 
be said to represent the viewpoint of metal and nonmetallic mine 
operators, two persons who by reason of previous training and experi-
ence may reasonably be said to represent the viewpoint of metal and 
nonmetallic mine workers, and one person, who shall be Chairman of 
the Board, w^ho shall be a graduate engineer with experience in the 
metal and nonmetallic mining industry or shall have had at least 
five years' experience as a practical mining engineer in the metal and 
nonmetallic mining industry, and who shall not, within one year of 
his appointment as a member of the Board, have had a pecuniary in-
terest in, or have been regularly employed or engaged in, the metal 
or nonmetallic mining industry, or have regularly represented either 
metal or nonmetallic mine operators or workers, or have been an 
officer or employee of the Department of the Interior assigned to duty 
in the Bureau of Mines. 
(d) The principal office of the Board shall be in the District of 
•Columbia. Whenever the Board deems that the convenience of the 
public or of the parties may be promoted, or delay or expense may be 
minimized, it may hold hearings or conduct other proceedings at any 
other place. The Board shall have an official seal which shall be 
judicially noticed and which shall be preserved in the custody of the 
secretary of the Board. 
(e) The Board shall, without regard to the civil service laws, 
appoint and prescribe the duties of a secretary of the Board and such 
legal counsel as it deems necessary. 
Subject to the civil service laws, 
the Board shall appoint such other employees as it deems necessary 
in exercising its powers and duties. The compensation of all em-
ployees appointed by the Board shall be fixed in accordance with the 
Classification Act of 1949, as amended. 
(f) Three members of the Board shall constitute a quorum, and 
official actions of the Board shall be taken only on the affirmative 
vote of at least three members; but a special panel composed of one 
or more members, upon order of the Board, shall conduct any hearing 
provided for in section 11 and submit the transcript of such hearing 
80 
STAT. ] 
PUBLIC LAW 89-577-SEPT. 16, 1966 
779 
to the entire Board for its action thereon. 
Every official act of the 
Board shall be entered of record, and its hearings and records thereof 
shall be open to the public. 
(g) The Board shall hear and determine applications filed pursuant 
to section 11 for annulment or revision of orders made pursuant to 
section 8 or section 9. The Board shall not make or cause to be made 
any inspection of a mine for the purpose of determining any pending 
application. 
(h) The Board is authorized to make such rules as are necessary for 
the orderly transaction of its proceedings, which shall include require-
ment for adequate notice of hearings to all parties. 
(i) Any member of the Board may sign and issue subpenas for the 
attendance and testimony of witnesses and the production of relevant 
papers, books, and documents, and adminster oaths. Witnesses sum-
moned before the Board shall be paid the same fees and mileage that 
are paid witnesses in the courts of the United States. 
(]) The Board may order testimony to be taken by deposition in any 
proceeding pending before it, at any stage of such proceeding. 
Rea-
sonable notice must first be given in writing by the party or his attorney 
proposing to take such deposition to the opposite party or his attorney 
of record, which notice shall state the name of the witness and the 
time and place of the taking of his deposition. 
Any person may be 
compelled to appear and depose, and to produce books, papers, or docu-
m.ents, in the same manner as witnesses may be compelled to appear 
and testify and produce like documentary evidence before the Board, 
as provided in subsection (i). Witnesses whose depositions are taken 
under this subsection, and the persons taking such depositions, shall 
be entitled to the same fees as are paid for like services m the courts of 
the United States. 
(k) In the case of contumacy by, or refusal to obey a subpena served 
upon, anj^ person under this section, the Federal district court 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 and hearing, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony before the Board 
or to appear and produce documents before the Board, or both; and 
any failure to obey such order of the court may be punished by such 
court as a contempt thereof. 
(1) The Board shall submit annually to the Congress as soon as 
practicable after the beginning of each regular session, a full report 
of its activities during the preceding calendar year. 
Such report 
shall include, either in summary or detailed form, information regard-
ing the cases heard by it and the disposition of each. 
Review of ap-
plication. 
Rules of pro-
ceedings. 
Subpena powers. 
Testimony by 
deposition. 
Report to 
Congress. 
REVIEW BY BOARD 
SEC. 11. (a) An operator notified of an order made pursuant to 
section 8 may apply to the Federal Metal and Nonmetallic Mine 
Safety Board of Review for annulment or revision of such order 
without seeking its annulment or revision under section 9. An opera-
tor notified of an order made pursuant to section 9 may apply to the 
Board for annulment or revision of such order. 
(b) The operator shall be designated as the applicant in such pro-
ceeding, and the application filed by him shall recite the order com-
plained of and other facts sufficient to advise the Board of the nature 
of the proceeding. 
He may allege in such application: that danger 
as set out in such order does not exist at the time of the filing of such 
application; that violation of a mandatory safety standard, as set out 
in such order, has not occurred; that such violation has been totally 
780 
PUBLIC LAW 89-577-SEPT. 16, 1966 
[80 STAT. 
or partially abated; that the period of time within which such violation 
should be be totally abated, as fixed in the findings upon which such 
order was based, was not reasonable; or that the area of the mine 
described in such order as the area affected by the violation referred to 
in such order is not so affected at the time of the filing of such applica-
tion. The Secretary shall be the respondent in such proceeding, and 
the applicant shall send a copy of such application by registered mail 
or by certified mail to the Secretary at Washington, District of Colum-
bia. 
(c) Immediately upon the filing of such an application the Board 
shall fix the time for a prompt hearing thereof. 
Temporary re- 
/(j\ Pending such hearing the applicant may file with the Board a 
lief pending he ai^ 
\^/ 
, .t 
, ,^ 
- n " ! 
^F 
i 
, 
"^ 
i- i> e 
i 
ing. 
written request that the Board grant such temporary relief from such 
order as the Board may deem ]ust and proper. Such temporary re-
lief may be granted by the Board only after a hearing by the Board at 
which both the applicant and the respondent were afforded an oppor-
tunity to be heard, and only if respondent was given ample notice of 
the filing of applicant's request and of the time and place of the hear-
ing thereon as fixed by the Board. 
(e) The Board shall not be bound by any previous findings of fact 
by the respondent. 
Evidence relating to the making of the order 
complained of and relating to the questions raised by the allegations 
of the pleadings or other questions pertinent in the proceeding may 
be offered by both parties to the proceeding. 
If the respondent claims 
that imminent danger or violation of a mandatory safety standard, 
as set out in such order, existed at the time of the filing of the applica-
tion, the burden of proving the then existence of such danger or 
violation shall be upon the respondent, and the respondent shall present 
his evidence first to prove the then existence of such danger or viola-
tion. 
Following presentation of respondent's evidence the applicant 
may present his evidence, and thereupon the respondent may present 
evidence to rebut the applicant's evidence. 
(f) If the proceeding is one in which an operator seeks annulment 
or revision of an order made pursuant to section 8(a) the Board, upon 
conclusion of the hearing, shall find whether or not danger throughout 
the area of such mine as set out in such order existed at the time of 
the filing of the operator's application. 
If the Board finds that such 
danger did not then exist throughout such area of such mine, the 
Board shall make an order, consistent with its findings, revising or 
annulling the order under review. 
If the Board finds that such 
danger did then exist throughout such area of such mine, the Board 
shall make an order denying such application. 
(g) If the proceeding is one in which an operator seeks annulment 
or revision of an order made pursuant to section 8 (b), the Board upon 
conclusion of the hearing shall find whether or not there was a viola-
tion of a mandatory safety standard as described in such order, at the 
time of the making of such order. If the Board finds there was no 
such violation, the Board shall make an order annulling the order 
under review. If the Board finds there was such a violation, the 
Board shall also find whether or not such violation was totally abated 
at the time of the filing of the operator's application. If the Board 
finds that such violation was totally abated at such time, the Board 
shall make an order annulling the order under review. If the Board 
finds that such violation was not totally abated at such time, the Board 
shall find whether or not the period of time within which such viola-
tion should be totally abated fixed under section 8(b) or section 9(b) 
should be extended. If the Board finds that such period of time should 
80 STAT.] 
PUBLIC LAW 89-577-SEPT. 16, 1966 
781 
be extended, the Board shall also find what a reasonable extension of 
time should be, and shall immediately also find the extent of the area 
of such mine which was affected by such violation at the time of the 
filing of such application and the Board shall then make an order 
consistent with its findings, revising the order under review. If the 
Board finds that such violation was not totally abated at the time of 
the filing of the operator's application and that such period of time 
should not be extended, the Board shall find the extent of the area of 
such mine which was affected by such violation at such time, and shall 
make an order, consistent with its findings, affirming or revising the 
order under review. 
(h) Each finding and order made by the Board shall be in writing. 
It shall show the date on which it is made, and shall bear the signatures 
of the members of the Board who concur therein. 
Upon making a 
finding and order the Board shall cause a true copy thereof to be sent 
by registered mail or by certified mail to all parties or their attorneys 
of record. The Board shall cause each such finding and order to be 
entered on its official record, together with any written opinion pre-
pared by any members in support of, or dissenting from, any such 
finding or order. 
(i) In view of the urgent need for prompt decision of matters 
submitted to the Board under this section, all action which the Board 
is required to take under this section shall be taken as rapidly as prac-
ticable, consistent with adequate consideration of the issues involved. 
JUDICIAL 
REVIEW 
SEC. 12. (a) 
Any final order issued by the Board under section 11 
shall be subject to judicial review by the United States court of appeals 
for the circuit in which the mine affected is located, upon the filing in 
such court of a notice of appeal by the Secretary or the operator ag-
grieved by such final order within thirty days from the date of the 
making of such final order. 
(b) The party making such appeal shall forthwith send a copy of 
such notice of appeal, by registered mail or by certified mail, to the 
other party and to the Board. Upon receipt of such copy of a notice 
of appeal the Board shall promptly certify and file in such court a 
complete transcript of the record upon which the order complained of 
was made. The costs of such transcript shall be paid by the party 
making the appeal. 
(c) The court shall hear such appeal on the record made before the 
Board, and shall permit argument, oral or written or both, by both 
parties. The court shall permit such pleadings, in additions to the 
pleadings before the Board, as it deems to be required or as provided 
for in the Rules of Civil Procedure governing appeals in such court. 
^^ ^^^ ^PP-
(d) Upon such conditions as may be required and to the extent feJtuTe dlft-"^ ^^" 
necessary to prevent irreparable injury, the United States court of prsty^^nement. 
appeals may, after due notice to and hearing of the parties to the ap-
peal, issue all necessary and appropriate process to postpone the ef-
fective date of the final order of the Board or to grant such other re-
lief as may be appropriate pending final determination of the appeal. 
(e^ The United States court of appeals may affirm, annul, or revise 
the final order of the Board, or it may remand the proceeding to the 
Board for such further action as it directs. The findings of the Board 
as to facts, if supported by substantial evidence on the record consid-
ered as a whole, shall be conclusive. 
(f) The decision of a United States court of appeals on an appeal 
from the Board shall be final, subject only to review by the Supreme 
Court as provided in section 1254 of title 28 of the United States Code. 
^2 stat. 928. 
65-300 0-67—52 
782 
PUBLIC LAW 89-577-SEPT. 16, 1966 
[80 STAT. 
MANDATORY REPORTING 
SEC. 13. The Secretary shall require operators of mines whicli are 
subject to this Act to submit, at least annually and at such other times 
as he deems necessary, and in such form as he may prescribe, reports 
of accidents, injuries, and occupational diseases, and related data, and 
the Secretary shall compile, analyze, and publish, either in summary 
or detailed form, the information obtained; and all information, re-
ports, orders, or findings, obtained or issued under this Act may be 
published and released to any interested person, and shall be made 
available for public inspection. 
PENALTIES 
SEC. 14. (a) Whenever an operator (1) violates or fails or refuses to 
comply with any order of withdrawal and debarment issued under 
section 8 or section 9 of this Act, or (2) interferes with, hinders, or 
delays the Secretary, or his duly authorized representative, in carrying 
out his duties under this Act, or (3) refuses to admit an authorized 
representative of the Secretary to any mine which is subject to this 
Act, or (4) refuses to permit the inspection or investigation of any 
mine which is subject to this Act, or of an accident, injury, or occupa-
tional disease occurring in or connected with such a mine or (5) bemg 
subject to the provisions of section 13 of this Act, refuses to furnish any 
information or report requested by the Secretary, a civil action for 
preventive relief, including an application for a permanent or tem-
porary injunction, restrainmg order, or other order, may be instituted 
by the Secretary in the district court of the United States for the 
district in which the mine in question is located or in which the mine 
operator has its principal office. 
(b) Whoever violates or fails or refuses to comply with an order of 
withdraw^al and debarment issued (1) under subsection (a) of section 
8 or (2) under subsection (b) of section 8 if the failure to comply with 
an order of abatement has created a danger that could cause death or 
serious physical harm in such mine immediately or before the immi-
nence of such danger can be eliminated, shall upon conviction thereof 
be punished for each such offense by a fine of not less than $100, or 
more than $3,000, or by imprisonment not to exceed sixty days, or both. 
In any instance in which such offense is committed by a corporation, 
the officer or authorized representative of such corporation who know-
ingly permits such offense to be committed shall, upon conviction, be 
subject to the same fine or imprisonment, or both. 
EDUCATION AND TRAINING 
SEC. 15. The Secretary shall develop expanded programs for the 
education and training of employers and employees in the recognition, 
avoidance, and prevention of accidents or unsafe or unhealthful work-
ing conditions in mines which .are subject to this Act. 
STATE PLANS 
SEC. 16. (a) In order to promote sound and effective coordination 
in Federal and State activities within the field covered by this Act, 
the Secretary shall cooperate with the official mine inspection or safety 
agencies of the several States. 
(b) Any State which, at any time, desires to develop and enforce 
health and safety standards in mines located in the State which are 
subject to this Act shall submit, through a State mine inspection or 
80 STAT. ] 
PUBLIC LAW 89-577-SEPT. 16, 1966 
783 
safety agency, a State plan for the development of such standards and 
their enforcement. 
(c) The Secretary shall approve the plan submitted by a State 
under subs-3ction (b), or any modification thereof, whenever the State 
gives evidence satisfactory to the Secretary that under such plan— 
(1) the State agency submitting such plan is the sole agency 
responsible for administering the plan throughout the State and 
contains satisfactory evidence that such agency will have the 
authority to carry out the plan: Provided^ That the Secretary 
may, upon request of the Governor or other appropriate executive 
or legislative authority of the State responsible for determining 
or revising the organizational structure of State government, 
waive the single State agency provision hereof and approve 
another State administrative structure or arrangement if the Sec-
retary determines that the objectives of this Act will not be 
endangered by the use of such other State structure or arrange-
ment, 
(2) such agency has adequate legal authority to enforce exist-
ing health and safety standards for the purpose of the protection 
of life, the promotion of health and safety, and the prevention 
of accidents in mines in the State that are subject to this Act, 
which are, in his judgment, substantially as effective for such 
purposes as the mandatory standards designated under section 
6(b) and which provide for inspection at least annually of all 
such mines, other than quarries and sand and gravel pits, 
(3) the agency has adequate qualified personnel necessary for 
the enforcement of the plan, 
(4) the State will devote adequate funds to the administration 
and enforcement of such standards, 
(5) reasonable safeguards exist against loss of life or property 
arising from mines which are closed or abandoned after the 
effective date of this Act, and 
(6) the agency shall make such reports to the Secretary, in such reports \T^^ 
form and containing such information, as the Secretary shall terior secretary. 
from time to time require. 
(d) The Secretary shall, on the basis of reports submitted by the 
State agency and his own inspection of mines, make a continuing 
evaluation of the manner in which each State having a plan approved 
under this section is carrying out such plan. Whenever the Secretary 
finds, after affording due notice and opportunity for a hearing, that in 
the administration of the State plan there is a failure to comply sub-
stantially with any provision of the State plan (or any assurance 
contained therein), he shall notify the State agency of his withdrawal 
of approval of such plan and upon receipt of such notice such plan 
shall cease to be in effect. 
(e) The provisions of section 8(b) and 9(b) of this Act shall not be 
applicable in any State in which there is in effect a State plan approved 
under subsection (c). 
ADMINISTRATIVE 
PROVISIONS 
SEC. 17. The Secretary shall provide that the major responsibility 
for administering the provisions of this Act shall be vested in the 
Bureau of Mines of the Department of the Interior which has the 
major responsibility for carrying out the Federal Coal Mine Safety 
Act. 
The Secretary acting through the Bureau, shall have authority 
30 u*sc 4^1" 
to appoint, subject to the civil service laws, such officers and employees note, 
as he may deem requisite for the administration of this Act; and to 
prescribe powers, duties, and responsibilities of all officers and employ-
ees engaged in the administration of this Act: Provided^ however^ 
784 
PUBLIC LAW 89-577-SEPT. 16, 1966 
[80 STAT. 
tors^.^quTiifTca" 
Tliat, to tlie maximum extent feasible, in the selection of persons for 
tion's. 
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 
their previous practical experience in the State, district, or region, and 
in the particular type of mining operation where such inspections are 
to be made. 
EXCLUSION FROM ADMINISTRATIVE PROCEDURE ACT 
5°ulc*"io"/" 
S E C 18. The Administrative Procedure Act shall not apply to the 
note. 
making of any finding, order, or notice pursuant to this Act, or to any 
proceeding for the annulment or revision of any such finding, order, or 
notice. 
EFFECT ON STATE LAWS 
SEC. 19. (a) No State or territorial law in effect upon the effective 
date of this Act or which may become effective thereafter, shall be 
superseded by any provision of this Act, except insofar as such State 
or territorial law is in conflict with this Act, or with orders issued 
pursuant to this Act. 
(b) Provisions in any State or territorial law in effect upon the 
effective date of this Act, or which may become effective thereafter, 
which provide for greater safety of persons in a mine as defined in this 
Act, than do provisions of this Act, which relate to the same phase of 
such operations, shall not be construed or held to be in conflict with 
this Act. 
Provisions in any State or territorial law in effect upon the 
effective date of this Act, or which may become effective thereafter, 
which provide for the safety of persons in a mine as defined in this 
Act concerning which no provision is contained in this Act, shall not 
be construed or held to be superseded by this Act. 
(c) Nothing in this Act shall be construed or held to supersede or in 
any manner affect the w^orkmen's compensation laws of any State or 
territory, or to enlarge or diminish or affect in any other manner the 
common law or statutory rights, duties, or liabilities of employers and 
employees under State or territorial laws in respect of injuries, occu-
pational or other diseases, or death of employees arising out of, or in 
the course of, employment. 
REPORT OF 
S E C R E T A R Y 
SEC. 20. The Secretary shall submit annually to the Congress, as 
soon as practicable after the beginning of each regular session, a full 
report of the administration of his functions under this Act during the 
preceding calendar year. 
Such report shall include, either in sum-
mary or detailed form, the information obtained by him under this 
Act, together with such findings and comments thereon and such rec-
ommendations for legislative action as he may deem proper. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 21. 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 Act. 
80 
STAT. ] 
PUBLIC LAW 89-578-SEPT. 16, 1966 
785 
EFFECTIVE DATE OF A'CT 
SEC. 22. This Act shall become effective on the date of its enactment, 
except that sections 8 and 9, and subsection (b) and paragraph (1) of 
subsection (a) of section 14 shall become effective one year after the 
date of publication of notice in the Federal Register of the designation 
of mandatory standards as provided for in section 6(b) of this Act. 
Approved September 16, 1966, 12:20 p.m. 
Public Law 89-578 
AN ACT 
To provide for regulation of the professional practice of certified public account-
ants in the District of Columbia, including the examination, licensure, regis-
tration of certified public accountants, and for other purposes. 
September 16, 1966 
[H. R. 13558] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States 
of America 
in Congress assembled^ That this Act ciiumMa* rLti-
shall be known and may be cited as the "District of Columbia Certified fied PubUc Ac-
P u b l i c A c c o u n t a n c y A c t o f 1 9 6 6 " . 
countancy Act of 
1966. 
DEFINITIONS 
SEC. 2. As used in this Act— 
(a) The term "certified public accountant" means a person who is 
the holder in good standing of a certificate of certified public 
accountant issued under the laws of any State or Territory of the 
United States authorizing him to practice as a certified public 
accountant in such State or territory. A "certified public accountant 
of the District of Columbia" is a person who is the holder in good 
standing of a certificate of certified public accountant issued under 
the Act of Congress approved February 17,1923, as amended (42 Stat. 
1261, ch. 94), or who is the holder in good standing of a certificate 
of certified public accountant or of an endorsement of certificate of 
certified puolic accountant issued pursuant to section 6 or 8, 
respectively, of this Act authorizing him to practice as a certified 
public accountant in the District of Columbia. 
(b) The term "Commissioners" means the Commissioners of the 
District of Columbia sitting as a board or their authorized agent or 
agents. 
(c) The term "Board" means the Board of Accountancy. 
(d) The term "person" includes partnerships, corporations and 
associations as well as natural persons. 
D.C. Code 
2-901 to 2-909.