30 U.S.C. § 801 — Congressional findings and declaration of

Page 126 TITLE 30—MINERAL LANDS AND MINING § 801 Sec. 824. Authorization of appropriations. 825. Mandatory health and safety training. 826. Limitation on certain liability for rescue op- erations. SUBCHAPTER II—INTERIM MANDATORY HEALTH STANDARDS 841. Mandatory health standards for underground mines; enforcement; review; purpose. 842. Dust concentration and respiratory equip- ment. 843. Medical examinations. 844. Rock dust and gas hazards; controls. 845. Dust standards in presence of quartz. 846. Noise standards; promulgation of new stand- ards; tests; procedures; protective devices. SUBCHAPTER III—INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND COAL MINES 861. Mandatory safety standards for underground mines. 862. Roof support. 863. Ventilation. 864. Combustible materials and rock dusting. 865. Electrical equipment. 866. Trailing cables. 867. Grounding of equipment. 868. Underground high-voltage distribution. 869. Underground low- and medium-voltage alter- nating current circuits. 870. Trolley wires and trolley feeder wires. 871. Fire protection. 872. Maps. 873. Blasting and explosives. 874. Hoisting and mantrips. 875. Emergency shelters; construction; contents; implementation plans. 876. Communication facilities; locations and emergency response plans. 877. General safety provisions. 878. Definitions. SUBCHAPTER IV—BLACK LUNG BENEFITS PART A—GENERAL PROVISIONS 901. Congressional findings and declaration of pur- pose; short title. 902. Definitions. 903. Field offices. 904. Repealed. PART B—CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973 921. Regulations and presumptions. 922. Payment of benefits. 923. Filing of notice of claim. 924. Time for filing claims. 924a. Repealed. 925. Procedure for the determination of claims during transition period. PART C—CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973 931. Benefits under State workmen’s compensa- tion laws. 932. Failure to meet workmen’s compensation re- quirements. 932a. Appointment of qualified individuals to hear and determine claims for benefits. 933. Duties of operators in States not qualifying under workmen’s compensation laws. 934. ‘‘Fund’’ defined; liability of operators to United States for repayments to fund; pro- cedures applicable; rate of interest. 934a. Repealed. 935. Utilization of services of State and local agencies. 936. Regulations and reports. 937. Contracts and grants. Sec. 938. Miners suffering from pneumoconiosis; dis- crimination prohibited. 939. Authorization of appropriations. 940. Applicability of amendments to part B of this subchapter to this part. 941. Penalty for false statements or representa- tions. 942. Miner benefit entitlement reports; penalty for failure or refusal to file. 943. Black lung insurance program. 944. Statement of reasons for denial of claim. 945. Repealed. SUBCHAPTER V—ADMINISTRATIVE PROVISIONS 951. Studies and research. 951a. Health, Safety, and Mining Technology Re- search program. 952. Training and education. 953. Assistance to States. 954. Appointment of administrative personnel and inspectors; qualifications; training pro- grams. 955. State laws. 956. Applicability of administrative procedure provisions. 957. Promulgation of regulations. 958. Annual reports to Congress; contents. 959. Study of coordination of Federal and State activities; report. 960. Limitation on issuance of temporary re- straining order or preliminary injunction. 961. Functions transferred under 1977 amend- ments. 962. Acceptance of contributions and prosecution of projects; cooperative programs to pro- mote health and safety education and train- ing; recognition and funding of Joseph A. Holmes Safety Association; use of funds for costs of mine rescue and survival oper- ations. 963. Technical Study Panel. 964. Scholarships. 965. Brookwood-Sago Mine Safety Grants. 966. Retention of fees. § 801. 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 re- source—the miner; (b) deaths and serious injuries from unsafe and unhealthful conditions and practices in the coal or other mines cause grief and suf- fering 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 pre- vent death and serious physical harm, and in order to prevent occupational diseases origi- nating 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 in- dustry and cannot be tolerated; (e) the operators of such mines with the as- sistance of the miners have the primary re- sponsibility 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 occupation- Page 127 TITLE 30—MINERAL LANDS AND MINING § 801 ally caused diseases unduly impedes and bur- dens commerce; and (g) it is the purpose of this chapter (1) to es- tablish 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 pro- tect the health and safety of the Nation’s coal or other miners; (2) to require that each oper- ator 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 enforce- ment of effective State coal or other mine health and safety programs; and (4) to improve and expand, in cooperation with the States and the coal or other mining industry, re- search and development and training pro- grams aimed at preventing coal or other mine accidents and occupationally caused diseases in the industry. (Pub. L. 91–173, § 2, Dec. 30, 1969, 83 Stat. 742; Pub. L. 95–164, title I, § 102(a), Nov. 9, 1977, 91 Stat. 1290; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (g), was in the origi- nal ‘‘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 chap- ter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 1977—Pars. (a) to (d), (f). Pub. L. 95–164, § 102(a)(1), in- serted ‘‘or other’’ after ‘‘coal’’ wherever appearing. Par. (g). Pub. L. 95–164, § 102(a)(1), (2), inserted ‘‘or other’’ after ‘‘coal’’ wherever appearing and substituted ‘‘Secretary of Labor’’ for ‘‘Secretary of the Interior’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in par. (g) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–164, title III, § 307, Nov. 9, 1977, 91 Stat. 1322, provided that: ‘‘Except as otherwise provided, this Act and the amendments made by this Act [see Short Title of 1977 Amendment note below] shall take effect 120 days after the date of enactment of this Act [Nov. 9, 1977]. The Secretary of Labor and the Secretary of the Interior are authorized to establish such rules and reg- ulations as may be necessary for the efficient transfer of functions provided under this Act. The amendment to the Federal Coal Mine Health and Safety Act of 1969 made by section 202 of this Act [amending section 842(e) of this title and repealing subsec. (k) of section 878 of this title] shall be effective on the date of enactment [Nov. 9, 1977].’’ EFFECTIVE DATE Pub. L. 91–173, title V, § 509, Dec. 30, 1969, 83 Stat. 803, provided that: ‘‘Except to the extent an earlier date is specifically provided in this Act [see Short Title note below], the provisions of titles I and III of this Act [subchapters I and III of this chapter] shall become op- erative ninety days after the date of enactment of this Act [Dec. 30, 1969], and the provisions of title II of this Act [subchapter II of this chapter] shall become opera- tive six months after the date of enactment of this Act. The provisions of the Federal Coal Mine Safety Act, as amended [section 451 et seq. of this title], are repealed on the operative date of titles I and III of this Act ex- cept that such provisions shall continue to apply to any order, notice, decision, or finding issued under that Act prior to such operative date and to any proceedings related to such order, notice, decision or findings. All other provisions of this Act, shall be effective on the date of enactment of this Act [Dec. 30, 1969].’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–236, § 1, June 15, 2006, 120 Stat. 493, pro- vided that: ‘‘This Act [enacting sections 826 and 963 to 965 of this title, amending sections 813, 818, 820, 825, and 876 of this title and section 671 of Title 29, Labor, and enacting provisions set out as notes under this section and sections 811 and 820 of this title] may be cited as the ‘Mine Improvement and New Emergency Response Act of 2006’ or the ‘MINER Act’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–275, § 1, Nov. 2, 2002, 116 Stat. 1925, pro- vided that: ‘‘This Act [amending sections 902, 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 902 and 921 of this title] may be cited as the ‘Black Lung Consolidation of Ad- ministrative Responsibility Act’.’’ SHORT TITLE OF 1981 AMENDMENT Pub. L. 97–119, title II, § 201(a), Dec. 29, 1981, 95 Stat. 1643, provided that: ‘‘This title [amending sections 901, 902, 921 to 923, 932, and 940 of this title and enacting pro- visions set out as notes under section 901 of this title] may be cited as the ‘Black Lung Benefits Amendments of 1981’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–239, § 1, Mar. 1, 1978, 92 Stat. 95, provided that: ‘‘This Act [enacting sections 903, 904, 924a, and 942 to 945 of this title, amending sections 901, 902, 921 to 924, 931, 932, 933, 937, 940, and 941 of this title, and enacting provisions set out as notes under sections 901, 932a, and 934a of this title, section 4121 of Title 26, Internal Rev- enue Code, and section 675 of Title 29, Labor] may be cited as the ‘Black Lung Benefits Reform Act of 1977’.’’ SHORT TITLE OF 1977 AMENDMENT Pub. L. 95–164, § 1, Nov. 9, 1977, 91 Stat. 1290, provided: ‘‘That this Act [enacting sections 822 to 825 and 961 of this title and section 557a of Title 29, Labor, amending this section, sections 802 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 Employ- ees, repealing sections 721 to 740 of this title and sec- tion 1456a of Title 43, Public Lands, and enacting provi- sions set out as notes under this section, section 954 of this title and section 11 of former Title 31, Money and Finance] may be cited as the ‘Federal Mine Safety and Health Amendments Act of 1977’.’’ SHORT TITLE OF 1972 AMENDMENT Pub. L. 92–303, § 1(a), May 19, 1972, 86 Stat. 150, pro- vided: ‘‘That this Act [enacting sections 925 and 937 to 941 of this title, amending sections 901, 902, 921 to 924, 931, 932, 933, 934, and 936 of this title, and enacting pro- visions set out as notes under sections 921 to 923 of this title] may be cited as the ‘Black Lung Benefits Act of 1972’.’’ SHORT TITLE Pub. L. 91–173, § 1, Dec. 30, 1969, 83 Stat. 742, as amend- ed by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. Page 128 TITLE 30—MINERAL LANDS AND MINING § 802 1290, provided: ‘‘That this Act [which was known as the Federal Coal Mine Health and Safety Act of 1969 prior to the amendment by Pub. L. 95–164 and which enacted this chapter, amended sections 633 and 636 of Title 15, Commerce and Trade, repealed sections 451 to 460 and 471 to 483 of this title, and enacted provisions set out as notes under this section and section 636 of Title 15] may be cited as the ‘Federal Mine Safety and Health Act of 1977’.’’ For short title of subchapter IV of this chapter as the ‘‘Black Lung Benefits Act’’, see section 901(b) of this title. SEPARABILITY Pub. L. 91–173, title V, § 510, Dec. 30, 1969, 83 Stat. 803, provided that: ‘‘If any provision of this Act [see Short Title note set out above], or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be af- fected thereby.’’ REQUIREMENT CONCERNING FAMILY LIAISONS Pub. L. 109–236, § 7, June 15, 2006, 120 Stat. 500, pro- vided that: ‘‘The Secretary of Labor shall establish a policy that— ‘‘(1) requires the temporary assignment of an indi- vidual Department of Labor official to be a liaison between the Department and the families of victims of mine tragedies involving multiple deaths; ‘‘(2) requires the Mine Safety and Health Adminis- tration to be as responsive as possible to requests from the families of mine accident victims for infor- mation relating to mine accidents; and ‘‘(3) requires that in such accidents, that the Mine Safety and Health Administration shall serve as the primary communicator with the operator, miners’ families, the press and the public.’’ § 802. Definitions For the purpose of this chapter, the term— (a) ‘‘Secretary’’ means the Secretary of Labor or his delegate; (b) ‘‘commerce’’ means trade, traffic, com- merce, 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 posses- sion 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 Common- wealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Terri- tory of the Pacific Islands; (d) ‘‘operator’’ means any owner, lessee, or other person who operates, controls, or super- vises a coal or other mine or any independent contractor performing services or construc- tion 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, partner- ship, 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 ex- tracted 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 work- ings, structures, facilities, equipment, ma- chines, tools, or other property including im- poundments, 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 Sec- retary 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, equip- ment, 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 result- ing 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 prepa- ration facilities; (i) ‘‘work of preparing the coal’’ means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bitu- minous 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. (Pub. L. 91–173, § 3, Dec. 30, 1969, 83 Stat. 743; Pub. L. 95–164, title I, § 102(b), Nov. 9, 1977, 91 Stat. 1290.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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