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30 U.S.C. § 812 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter, the term—
**(a)** “Secretary” means the Secretary of Labor or his delegate;
**(b)** “commerce” means trade, traffic, commerce, transportation, or communication among the several States, or between a place in a State and any place outside thereof, or within the District of Columbia or a possession of the United States, or between points in the same State but through a point outside thereof;
**(c)** “State” includes a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands;
**(d)** “operator” means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine;
**(e)** “agent” means any person charged with responsibility for the operation of all or a part of a coal or other mine or the supervision of the miners in a coal or other mine;
**(f)** “person” means any individual, partnership, association, corporation, firm, subsidiary of a corporation, or other organization;
**(g)** “miner” means any individual working in a coal or other mine;
**(h)**
(1) “coal or other mine” means (A) an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground, (B) private ways and roads appurtenant to such area, and (C) lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailings ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting such minerals from their natur
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Source location: Title 30, Chapter 22, § 812; chapter-022-mine-safety-and-health.md
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For the purpose of this chapter, the term—
**(a)** “Secretary” means the Secretary of Labor or his delegate;
**(b)** “commerce” means trade, traffic, commerce, transportation, or communication among the several States, or between a place in a State and any place outside thereof, or within the District of Columbia or a possession of the United States, or between points in the same State but through a point outside thereof;
**(c)** “State” includes a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands;
**(d)** “operator” means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine;
**(e)** “agent” means any person charged with responsibility for the operation of all or a part of a coal or other mine or the supervision of the miners in a coal or other mine;
**(f)** “person” means any individual, partnership, association, corporation, firm, subsidiary of a corporation, or other organization;
**(g)** “miner” means any individual working in a coal or other mine;
**(h)**
(1) “coal or other mine” means (A) an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground, (B) private ways and roads appurtenant to such area, and (C) lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailings ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting such minerals from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of such minerals, or the work of preparing coal or other minerals, and includes custom coal preparation facilities. In making a determination of what constitutes mineral milling for purposes of this chapter, the Secretary shall give due consideration to the convenience of administration resulting from the delegation to one Assistant Secretary of all authority with respect to the health and safety of miners employed at one physical establishment;
(2) For purposes of subchapters II, III, and IV, “coal mine” means an area of land and all structures, facilities, machinery, tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal, placed upon, under, or above the surface of such land by any person, used in, or to be used in, or resulting from, the work of extracting in such area bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method, and the work of preparing the coal so extracted, and includes custom coal preparation facilities;
**(i)** “work of preparing the coal” means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite, and such other work of preparing such coal as is usually done by the operator of the coal mine;
**(j)** “imminent danger” means the existence of any condition or practice in a coal or other mine which could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated;
**(k)** “accident” includes a mine explosion, mine ignition, mine fire, or mine inundation, or injury to, or death of, any person;
**(l)** “mandatory health or safety standard” means the interim mandatory health or safety standards established by subchapters II and III of this chapter, and the standards promulgated pursuant to subchapter I of this chapter;
**(m)** “Panel” means the Interim Compliance Panel established by this chapter; and
**(n)** “Administration” means the Mine Safety and Health Administration in the Department of Labor.
**(o)** “Commission” means the Federal Mine Safety and Health Review Commission.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Technical Study Panel (referred to in this section as the “Panel”) which shall provide independent scientific and engineering review and recommendations with respect to the utilization of belt air and the composition and fire retardant properties of belt materials in underground coal mining.
**(b) Membership** The Panel shall be composed of—
(1) two individuals to be appointed by the Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health and the Associate Director of the Office of Mine Safety;
(2) two individuals to be appointed by the Secretary of Labor, in consultation with the Assistant Secretary for Mine Safety and Health; and
(3) two individuals, one to be appointed jointly by the majority leaders of the Senate and House of Representatives and one to be appointed jointly by the minority leader of the Senate and House of Representatives, each to be appointed prior to the sine die adjournment of the second session of the 109th Congress.
**(c) Qualifications** Four of the six individuals appointed to the Panel under subsection (b) shall possess a masters or doctoral level degree in mining engineering or another scientific field demonstrably related to the subject of the report. No individual appointed to the Panel shall be an employee of any coal or other mine, or of any labor organization, or of any State or Federal agency primarily responsible for regulating the mining industry.
**(d) Report**
(1) **In general** — Not later than 1 year after the date on which all members of the Panel are appointed under subsection (b), the Panel shall prepare and submit to the Secretary of Labor, the Secretary of Health and Human Services, the Committee
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize.
**(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
This chapter, covering the operation of only metal and nonmetallic mines, is covered by section 801 et seq. of this title following the enactment of Pub. L. 95–164 which brought the operation of all coal and other mines under a single legislative canopy.
Section 721, Pub. L. 89–577, § 2, Sept. 16, 1966, 80 Stat. 772, defined “commerce”, “mine”, “operator”, “Secretary”, and “Board”. See [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section802&num=0&edition=prelim).
Section 722, Pub. L. 89–577, § 3, Sept. 16, 1966, 80 Stat. 773, described mines to be covered and empowered Secretary of the Interior to decline jurisdiction if effect of the mine on commerce was not sufficiently substantial. See section 801 et seq. of this title.
Section 723, Pub. L. 89–577, § 4, Sept. 16, 1966, 80 Stat. 773, related to investigations of metal and nonmetallic mines to obtain information relating to health and safety conditions. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim).
Section 724, Pub. L. 89–577, § 5, Sept. 16, 1966, 80 Stat. 773, related to admission of investigators to mines. See [section 813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section813&num=0&edition=prelim).
Section 725, Pub. L. 89–577, § 6, Sept. 16, 1966, 80 Stat. 774, related to development of health and safety standards. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim).
Section 726, Pub. L. 89–577, § 7, Sept. 16, 1966, 80 Stat. 775, related to advisory committees. See [section 812 of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 721 to 740
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section951&num=0&edition=prelim)], 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section801&num=0&edition=prelim) et seq.], and the Federal Metal and Nonmetallic Mine Safety Act [[30 U.S.C. 721](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section721&num=0&edition=prelim) 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 11 So in original. Probably should be “the Health”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section721&num=0&edition=prelim) et seq.] and standards and regulations under the Federal Coal Mine Health and Safety Act of 1969 [[30 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section801&num=0&edition=prelim) 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 unde
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 965
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Federal law — U.S. Code and appendices · legal_authorities
Page 133
TITLE 30—MINERAL LANDS AND MINING
§ 812
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164 substituted provi-
sions revising and setting out in detail the procedures
to be followed by the Secretary of Labor in developing,
promulgating, and revising mandatory health and safe-
ty standards covering coal and other mines for provi-
sions which had charged the Secretary of the Interior
with the responsibility of developing standards for the
protection of life and the prevention of injuries in coal
mines.
Subsec. (b). Pub. L. 95–164 substituted provisions re-
lating to emergency temporary mandatory standards
for provisions requiring that improved standards not
reduce the previously existing level of health and safe-
ty in coal mines.
Subsec. (c). Pub. L. 95–164 substituted provisions re-
lating to the modification of standards for provisions
covering the consultative and research steps in the pro-
mulgation of safety standards.
Subsec. (d). Pub. L. 95–164 substituted provisions re-
lating to judicial review of standards for provisions
covering the consultative and research steps in the pro-
mulgation of health standards.
Subsec. (e). Pub. L. 95–164 redesignated subsec. (k) as
(e) and substituted ‘‘proposed mandatory health or
safety standard or regulation’’ for ‘‘proposed standard
or regulation’’ and ‘‘coal or other mine’’ for ‘‘coal
mine’’.
Subsecs. (f)
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