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30 U.S.C. § 721 to 740 — Repealed. Pub. L. 95–164, title III, § 306(a), Nov. 9, 1977, 91 Stat. 1322

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 721 to 740 — Repealed. Pub. L. 95–164, title III, § 306(a), Nov. 9, 1977, 91 Stat. 1322

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Stable record: federal_law:legal_authorities:record_usc_76d24f0291191e0699723ee7
Source file: Laws/federal/codes/united-states-code/title-30/section-721-to-740-30-u-s-c-721-to-740-repealed-pub-l-95164-title-iii-306-a-nov-9-1977-91-s--2e5360869d.md
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Source location: Title 30, Chapter 21, § 721 to 740; chapter-021-metal-and-nonmetallic-mine-safety.md

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### 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=granuleid:USC-prelim-title30-section812&num=0&edition=prelim). Section 727, Pub. L. 89–577, § 8, Sept. 16, 1966, 80 Stat. 775, related to findings and orders. See [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim). Section 728, Pub. L. 89–577, § 9, Sept. 16, 1966, 80 Stat. 777, related to review of orders by Secretary of the Interior. See [section 815 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section815&num=0&edition=prelim). Section 729, Pub. L. 89–577, § 10, Sept. 16, 1966, 80 Stat. 778, created Federal Metal and Nonmetallic Mine Safety Board of Review. See [section 823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section823&num=0&edition=prelim). Section 730, Pub. L. 89–577, § 11, Sept. 16, 1966, 80 Stat. 779, related to review functions of Federal Metal and Nonmetallic Mine Safety Board of Review. See [section 823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section823&num=0&edition=prelim). Section 731, Pub. L. 89–577, § 12, Sept. 16, 1966, 80 Stat. 781, related to judicial review of final orders of Federal Metal and Nonmetallic Mine Safety Board of Review. See [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section816&num=0&edition=prelim). Section 732, Pub. L. 89–577, § 13, Sept. 16, 1966, 80 Stat. 782, related to accident and related reports to Secretary of the Interior. See [section 813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section813&num=0&edition=prelim). Section 733, Pub. L. 89–577, § 14, Sept. 16, 1966, 80 Stat. 782, related to penalties to be imposed for violations of the chapter. See [section 820 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section820&num=0&edition=prelim). Section 734, Pub. L. 89–577, § 15, Sept. 16, 1966, 80 Stat. 782, related to programs of education and training for employers and employees. See [section 825 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section825&num=0&edition=prelim). Section 735, Pub. L. 89–577, § 16, Sept. 16, 1966, 80 Stat. 782, related to State plans and cooperation with State agencies. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim). Section 736, Pub. L. 89–577, § 17, Sept. 16, 1966, 80 Stat. 783, related to administration of chapter by Bureau of Mines of Department of the Interior. See [section 557a of Title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section557a&num=0&edition=prelim), Labor. Section 737, Pub. L. 89–577, § 18, Sept. 16, 1966, 80 Stat. 784, related to non-applicability of Administrative Procedure Act to proceedings under chapter. See [section 815 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section815&num=0&edition=prelim). Section 738, Pub. L. 89–577, § 19, Sept. 16, 1966, 80 Stat. 784, related to effect of chapter on State laws. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim). Section 739, Pub. L. 89–577, § 20, Sept. 16, 1966, 80 Stat. 784, related to annual report of Secretary of the Interior to Congress. See [section 557a of Title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section557a&num=0&edition=prelim), Labor. Section 740, Pub. L. 89–577, § 21, Sept. 16, 1966, 80 Stat. 784, authorized appropriations necessary to carry out chapter. See [section 824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section824&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date of 1977 Amendment note under [section 801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section801&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 802 — Scholarships

**(a) Establishment** The Secretary of Education (referred to in this section as the “Secretary”), in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall establish a program to provide scholarships to eligible individuals to increase the skilled workforce for both private sector coal mine operators and mine safety inspectors and other regulatory personnel for the Mine Safety and Health Administration. **(b) Fundamental skills scholarships** (1) **In general** — Under the program under subsection (a), the Secretary may award scholarship to fully or partially pay the tuition costs of eligible individuals enrolled in 2-year associate’s degree programs at community colleges or other colleges and universities that focus on providing the fundamental skills and training that is of immediate use to a beginning coal miner. (2) **Skills** — The skills described in paragraph (1) shall include basic math, basic health and safety, business principles, management and supervisory skills, skills related to electric circuitry, skills related to heavy equipment operations, and skills related to communications. (3) **Eligibility** — To be eligible to receive a scholarship under this subsection an individual shall— (A) have a high school diploma or a GED; (B) have at least 2 years experience in full-time employment in mining or mining-related activities; (C) submit to the Secretary an application at such time, in such manner, and containing such information; and (D) demonstrate an interest in working in the field of mining and performing an internship with the Mine Safety and Health Administration or the National Institute for Occupational Safety and Health Office of Mine Safety. **(c) Mine safety inspector scholarships** (1) **I

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 825 — Representation of Secretary in civil litigation by Solicitor of Labor

Except as provided in [section 518(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section518/a&num=0&edition=prelim), relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this chapter but all such litigation shall be subject to the direction and control of the Attorney General.

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29 U.S.C. § 557a — Mine Safety and Health Administration

There is established in the Department of Labor a Mine Safety and Health Administration to be headed by an Assistant Secretary of Labor for Mine Safety and Health appointed by the President, by and with the advice and consent of the Senate. The Secretary, acting through the Assistant Secretary for Mine Safety and Health, shall have authority to appoint, subject to the civil service laws, such officers and employees as he may deem necessary for the administration of this Act, and to prescribe powers, duties, and responsibilities of all officers and employees engaged in the administration of this Act. The Secretary is authorized and directed, except as specifically provided otherwise to carry out his functions under the Federal Mine Safety and Health Act of 1977 [[30 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section801&num=0&edition=prelim) et seq.] through the Mine Safety and Health Administration.

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30 U.S.C. § 815 — Mandatory safety and health standards

**(a) Development, promulgation, and revision** The Secretary shall by rule in accordance with procedures set forth in this section and in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) (without regard to any reference in such section to sections 556 and 557 of such title), develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines. (1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this chapter, the Secretary may request the recommendation of an advisory committee appointed under [section 812(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section812/c&num=0&edition=prelim). The Secretary shall provide such an advisory committee with any proposals of his own or of the Secretary of Health and Human Services, together with all pertinent factual information developed by the Secretary or the Secretary of Health and Human Services, or otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within 60 day

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30 U.S.C. § 812 — Definitions

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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30 U.S.C. § 811 — Congressional findings and declaration of purpose

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

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30 U.S.C. § 823 — Posting of orders and decisions

**(a) Mine office; bulletin board** At each coal or other mine there shall be maintained an office with a conspicuous sign designating it as the office of such mine. There shall be a bulletin board at such office or located at a conspicuous place near an entrance of such mine, in such manner that orders, citations, notices and decisions required by law or regulation to be posted, may be posted thereon, and be easily visible to all persons desiring to read them, and be protected against damage by weather and against unauthorized removal. A copy of any order, citation, notice or decision required by this chapter to be given to an operator shall be delivered to the office of the affected mine, and a copy shall be immediately posted on the bulletin board of such mine by the operator or his agent. **(b) Distribution of orders, citations, notices, and decisions** The Secretary shall (1) cause a copy of any order, citation, notice, or decision required by this chapter to be given to an operator to be mailed immediately to a representative of the miners in the affected coal or other mine, and (2) cause a copy thereof to be mailed to the public official or agency of the State charged with administering State laws, if any, relating to health or safety in such mine. Such notice, order, citation, or decision shall be available for public inspection. **(c) Compliance** In order to insure prompt compliance with any notice, order, citation, or decision issued under this chapter, the authorized representative of the Secretary may deliver such notice, order, citation, or decision to an agent of the operator, and such agent shall immediately take appropriate measures to insure compliance with such notice, order, citation, or decision. **(d) Filing; designation of health and safety off

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30 U.S.C. § 816 — Advisory committees

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

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 824 — Entitlement of miners to full compensation

If a coal or other mine or area of such mine is closed by an order issued under [section 813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section813&num=0&edition=prelim), [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim), or [section 817 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section817&num=0&edition=prelim), all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period they are idled, but for not more than the balance of such shift. If such order is not terminated prior to the next working shift, all miners on that shift who are idled by such order shall be entitled to full compensation by the operator at their regular rates of pay for the period they are idled, but for not more than four hours of such shift. If a coal or other mine or area of such mine is closed by an order issued under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim) or [section 817 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section817&num=0&edition=prelim) for a failure of the operator to comply with any mandatory health or safety standards, all miners who are idled due to such order shall be fully compensated after all interested parties are given an opportunity for a public hearing, which shall be expedited in such cases, and after such order is final, by the operator for lost time at their regular rates of pay for such time as the min

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30 U.S.C. § 801 — Technical Study Panel

**(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

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