30 U.S.C. § 935 — Utilization of services of State and local

Page 196 TITLE 30—MINERAL LANDS AND MINING § 934a Editorial Notes 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, which was classi- fied generally to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11. CODIFICATION In subsec. (b)(3)(B), ‘‘section 3713(a) of title 31’’ sub- stituted for ‘‘section 3466 of the Revised Statutes (31 U.S.C. 191)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1986—Subsec. (b)(3)(A), (C), (D), (5)(B). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Inter- nal Revenue Code of 1954’’, which for purposes of codi- fication was translated as ‘‘title 26’’ thus requiring no change in text. 1981—Subsec. (a). Pub. L. 97–119, § 104(b)(6), sub- stituted provision defining ‘‘fund’’ as used in this sec- tion 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, § 104(a)(2), inserted ‘‘plus interest thereon’’ after ‘‘attributed to him’’. Subsec. (b)(5). Pub. L. 97–119, § 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 ‘‘Fed- eral Coal Mine Health and Safety Act of 1969’’. 1978—Pub. L. 95–227 added subsec. (a), redesignated existing provisions constituting entire section as sub- sec. (b) and expanded applicability and set out proce- dures 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–119, title I, § 104(a)(3), Dec. 29, 1981, 95 Stat. 1639, provided that: ‘‘The amendment made by para- graph (1) [amending this section] shall take effect on January 1, 1982, and shall apply to amounts out- standing 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 Pub. L. 95–227, § 3(e), Feb. 10, 1978, 92 Stat. 15, provided that: ‘‘This section [enacting section 934a of this title and amending this section] shall take effect on April 1, 1978.’’ § 934a. Repealed. Pub. L. 97–119, title I, § 103(b), Dec. 29, 1981, 95 Stat. 1638 Section, Pub. L. 95–227, § 3(a)–(c), Feb. 10, 1978, 92 Stat. 12; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96–222, title I, § 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 pro- vided for operation of the fund. See section 9501 of Title 26, Internal Revenue Code. Statutory Notes and Related Subsidiaries 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 SEC- RETARY OF LABOR Pub. L. 95–239, § 20(b), Mar. 1, 1978, 92 Stat. 106, pro- vided 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 es- tablished 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 enact- ment 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 pro- visions and shall make benefit payments to miners and to eligible survivors of miners in accordance with such provisions. § 935. Utilization of services of State and local agencies 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 func- tions 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. (Pub. L. 91–173, title IV, § 425, Dec. 30, 1969, 83 Stat. 798.) § 936. Regulations and reports (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 appro- priate to carry out the provisions of this sub- chapter. Such regulations shall be issued in con- formity with section 553 of title 5, notwith- standing subsection (a) thereof. (b) Annual reports to Congress At the end of fiscal year 2003 and each suc- ceeding 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 compensa- tion laws; conflicts between State and Fed- eral provisions Nothing in this subchapter shall relieve any operator of the duty to comply with any State