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Title 30 — Mineral Lands and Mining

Chapter 22 — Mine Safety and Health

§ 953. Assistance to States

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Federal Coal Mine Health and Safety Act of 1969

    Pub. L. 91–173 title V § 503 · 83 Stat. 742

    Enacted · 30 U.S.C. § 953

    Pub. L. 91–173, title V, § 503, Dec. 30, 1969, 83 Stat. 800

    Source evidence

    Code source credit
    Pub. L. 91–173, title V, § 503, Dec. 30, 1969, 83 Stat. 800

    Enacted provision · exact public law section
    Sec. 503. assistance to states (a) The Secretary, in coordination with the Secretary of Health, Education, and Welfare and the Secretary of Labor, is authorized to make grants in accordance with an application approved under this section to any State in which coal mining takes place— (1) to assist such State in developing and enforcing effective coal mine health and safety laws and regulations consistent with the provisions of section 506 of this Act; (2) to improve State workmen’s compensation and occupational disease laws and programs related to coal mine employment; and (3) to promote Federal-State coordination and cooperation in improving the health and safety conditions in the coal mines. (b) The Secretary shall approve any application or any modification thereof, submitted under this section by a State, through its official coal 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 mine; (3) designates such State coal 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 mine inspections within such State; (5) provides for the extension and improvement of the State program for the improvement of coal 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 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) The Secretary shall not finally disapprove any State application Hearing opportunity. or modification thereof without first affording the State agency reasonable notice and opportunity for a public hearing. (d) Any State aggrieved by a decision of the Secretary under subsection Petition. (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 106 (a), (b), and (c) of this Act shall not be applicable to this section. (e) Any State application or modification thereof submitted to the Secretary under this section may include a program to train State inspectors. (f) The Secretary shall cooperate with such State in carrying out Inspectors, training facilities. 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 mines located in the State are exchanged for the purpose of improving health and safety conditions in such mines. (g) The amount granted to any coal 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) There is authorized to be appropriated $3,000,000 for fiscal Appropriation. year 1970, and $5,000,000 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.

  2. Federal Mine Safety and Health Amendments Act of 1977

    Pub. L. 95–164 § 303(c)(1) · 91 Stat. 1290

    1. Inserted · 30 U.S.C. § 953(a)

      Pub. L. 95–164, § 303(c)(1), inserted reference to mines and mining other than coal mines and coal mining

    2. Substituted · 30 U.S.C. § 953(a)

      Pub. L. 95–164, § 303(c)(1), substituted “Secretary of the Interior” for “Secretary of Labor”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–164, § 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”.

    Enacted provision · exact public law section
    (1) Section 503 of such Act is amended by inserting “or other” immediately after “coal” each time it appears therein, and by striking “Labor” and inserting in lieu thereof, “the Interior”.

    Effective date note
    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.

  3. Federal Mine Safety and Health Amendments Act of 1977

    Pub. L. 95–164 § 303(c)(1) · 91 Stat. 1290

    Inserted · 30 U.S.C. § 953(b); 30 U.S.C. § 953(f); 30 U.S.C. § 953(g)

    Pub. L. 95–164, § 303(c)(1), inserted references to mines and mining other than coal mines and coal mining

    Source evidence

    Code amendment note
    Subsecs. (b), (f), (g). Pub. L. 95–164, § 303(c)(1), inserted references to mines and mining other than coal mines and coal mining.

    Enacted provision · exact public law section
    (1) Section 503 of such Act is amended by inserting “or other” immediately after “coal” each time it appears therein, and by striking “Labor” and inserting in lieu thereof, “the Interior”.

    Effective date note
    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.

  4. Federal Mine Safety and Health Amendments Act of 1977

    Pub. L. 95–164 § 303(c)(2) · 91 Stat. 1290

    1. Substituted · 30 U.S.C. § 953(h)

      Pub. L. 95–164, § 303(c)(2), substituted “$10,000,000” for “$5,000,000”

    2. Inserted · 30 U.S.C. § 953(h)

      Pub. L. 95–164, § 303(c)(2), inserted requirement that no less than one-half of sums appropriated for grants be allocated to coal-producing States

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 95–164, § 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.

    Enacted provision · exact public law section
    (2) (A) The first sentence of section 503(h) of such Act is amended by deleting “$5,000,000” and by inserting in lieu thereof, “$10,000,000”. (B) The second sentence of section 503(h) of such Act is amended by inserting before the period the following: “, except that no less than one-half of such sum shall be allocated to coal-producing States”.

    Effective date note
    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.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments

1977—Subsec. (a). Pub. L. 95–164, § 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, § 303(c)(1), inserted references to mines and mining other than coal mines and coal mining.

Subsec. (h). Pub. L. 95–164, § 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.

Statutory Notes and Related Subsidiaries

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.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–164 effective 120 days after , except as otherwise provided, see section 307 of Pub. L. 95–164, set out as a note under section 801 of this title.

Credits

1969–1979 · 3 acts
  1. 1969Pub. L. 91–173, title V, § 503, , 83 Stat. 800
  2. 1977Pub. L. 95–164, title III, § 303(c), , 91 Stat. 1320
  3. 1979Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695.
Show as published

(Pub. L. 91–173, title V, § 503, , 83 Stat. 800; Pub. L. 95–164, title III, § 303(c), , 91 Stat. 1320; Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695.)

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