30 U.S.C. § 956 — Applicability of administrative procedure

Page 205 TITLE 30—MINERAL LANDS AND MINING § 957 cational institutions and operators designed to enable persons to qualify for positions in the ad- ministration of this chapter. In selecting per- sons and training and retraining persons to carry out the provisions of this chapter, the Sec- retary shall work with appropriate educational institutions, operators, and representatives of miners in developing and maintaining adequate programs for the training and continuing edu- cation of persons, particularly inspectors, and where appropriate, the Secretary shall cooper- ate with such institutions in carrying out the provisions of this section by providing financial and technical assistance to such institutions. (Pub. L. 91–173, title V, § 505, Dec. 30, 1969, 83 Stat. 802; Pub. L. 95–164, title III, § 303(d), Nov. 9, 1977, 91 Stat. 1320.) 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 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 under section 801 of this title and Tables. Section 201 of the Revenue and Expenditure Control Act of 1968 (82 Stat. 251, 270), referred to in text, is sec- tion 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 L. 90–364, title II, June 28, 1968, 82 Stat. 270, which was set out as a note under section 3101 of Title 5 and was repealed by Pub.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, § 503, July 22, 1969, 83 Stat. 83. 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 in- spectors, 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. Statutory Notes and Related Subsidiaries 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 Pub. L. 95–164, title III, § 304, Nov. 9, 1977, 91 Stat. 1320, 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 en- gaged 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].’’ § 955. State laws (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 stand- ard. (b) The provisions of any State law or regula- tion in effect upon the operative date of this chapter, or which may become effective there- after, 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 ef- fect on 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. (Pub. L. 91–173, title V, § 506, Dec. 30, 1969, 83 Stat. 803; Pub. L. 95–164, title III, § 303(e), Nov. 9, 1977, 91 Stat. 1321.) 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 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 under section 801 of this title and Tables. 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. AMENDMENTS 1977—Subsec. (b). Pub. L. 95–164 inserted reference to mines other than coal mines. Statutory Notes and Related Subsidiaries 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. § 956. Applicability of administrative procedure provisions 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 re- view thereof. (Pub. L. 91–173, title V, § 507, Dec. 30, 1969, 83 Stat. 803.) 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 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 under section 801 of this title and Tables. § 957. Promulgation of regulations The Secretary, the Secretary of Health and Human Services, the Commissioner of Social Se-