US (United States) Code. Title 30. Chapter 22: Mine safey and health

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Mineral lands and mining

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-CITE-

30 USC Sec. 866 01/06/03

-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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 867 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 868 01/06/03

-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.

(g742l) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 869 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 870 01/06/03

-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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 871 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 861, 877 of this title.

-End-

-CITE-

30 USC Sec. 872 01/06/03

-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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 873 01/06/03

-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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 874 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 875 01/06/03

-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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 876 01/06/03

-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

-STATUTE-

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.

-SOURCE-

(Pub. L. 91-173, title III, Sec. 316, Dec. 30, 1969, 83 Stat. 787.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 877 01/06/03

-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.

(g742l) 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.

(g742o) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 878 01/06/03

-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 (SiO2),

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.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 841, 861 of this title.

-End-

-CITE-

30 USC SUBCHAPTER IV - BLACK LUNG BENEFITS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER IV - BLACK LUNG BENEFITS

-HEAD-

SUBCHAPTER IV - BLACK LUNG BENEFITS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 802, 820 of this

title; title 31 section 3803.

-End-

-CITE-

30 USC Part A - General Provisions 01/06/03

-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 01/06/03

-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 01/06/03

-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), 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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 922, 931, 934 of this

title; title 26 sections 192, 501, 9501.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 903 01/06/03

-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 01/06/03

-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. Pub. L. 107-275, Sec. 2(c)(2), Nov. 2, 2002,

116 Stat. 1926

-MISC1-

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 01/06/03

-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

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 902, 932a, 936, 940 of this

title; title 31 section 3716.

-End-

-CITE-

30 USC Sec. 921 01/06/03

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 922, 923, 924 of this

title.

-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 01/06/03

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 921, 924, 931, 932 of

this title.

-End-

-CITE-

30 USC Sec. 923 01/06/03

-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.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 902 of this title; title

31 section 3716.

-End-

-CITE-

30 USC Sec. 924 01/06/03

-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.

192.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 923 of this title.

-End-

-CITE-

30 USC Sec. 924a 01/06/03

-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. Pub. L. 107-275, Sec. 2(c)(2), Nov. 2, 2002,

116 Stat. 1926

-MISC1-

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 01/06/03

-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 01/06/03

-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

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 902, 921, 922, 925, 932a,

936 of this title; title 26 sections 192, 501, 9501.

-End-

-CITE-

30 USC Sec. 931 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 932, 933 of this title.

-FOOTNOTE-

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

-End-

-CITE-

30 USC Sec. 932 01/06/03

-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.

(g742l) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 902, 925, 931, 933, 934,

935, 943 of this title; title 26 section 9501.

-FOOTNOTE-

(!1) So in original.

(!2) See References in Text note below.

(!3) So in original.

-End-

-CITE-

30 USC Sec. 932a 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 931, 932, 934, 943 of

this title; title 26 section 9501.

-FOOTNOTE-

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

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

-End-

-CITE-

30 USC Sec. 934 01/06/03

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 932 of this title; title

26 section 9501.

-End-

-CITE-

30 USC Sec. 934a 01/06/03

-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. Pub. L. 97-119, title I, Sec. 103(b), Dec. 29,

1981, 95 Stat. 1638

-MISC1-

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 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 942.

-End-

-CITE-

30 USC Sec. 937 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9501; title 35

section 210; title 42 section 256b.

-End-

-CITE-

30 USC Sec. 938 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9501.

-End-

-CITE-

30 USC Sec. 942 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9501.

-End-

-CITE-

30 USC Sec. 943 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9501.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 944 01/06/03

-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 01/06/03

-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. Pub. L. 107-275, Sec. 2(c)(1), Nov. 2, 2002,

116 Stat. 1926

-MISC1-

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 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 951a, 952, 958, 961 of

this title; title 35 section 210.

-End-

-CITE-

30 USC Sec. 951a 01/06/03

-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.

-End-

-CITE-

30 USC Sec. 952 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 951 of this title.

-End-

-CITE-

30 USC Sec. 953 01/06/03

-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 01/06/03

-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]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 952 of this title.

-End-

-CITE-

30 USC Sec. 955 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 953 of this title.

-End-

-CITE-

30 USC Sec. 956 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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; 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; 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. 107-116, title I, Jan. 10, 2002, 115 Stat. 2183.)

-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. 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-