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30 U.S.C. § 953 — Assistance to States

submitted 57 years ago by Pub. L. 91-173 to r/title-30-MINERAL-LANDS-AND-MINING · 903 words · no verdicts yet

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This section authorizes grants to States for mine health and safety programs. It sets application requirements, review, cooperation, funding limits, and appropriations.

(a) Grants for State mine programs. In coordination with the Secretaries of Health and Human Services and the Interior, the Secretary may make grants under an approved application to a State where coal or other mining occurs: (1) to help the State develop and enforce effective mine health and safety laws and regulations consistent with section 955; (2) to improve State workers’ compensation and occupational-disease laws and programs concerning coal or other mine employment; and (3) to promote Federal-State coordination and cooperation in improving mine health and safety. (b) Grant applications. The Secretary must approve a State application or modification submitted through its official mine-inspection or safety agency if it (1) describes programs, policies, and methods for carrying out subsection (a); (2) provides research and planning studies for improving State compensation laws and programs concerning diseases and injuries caused by mine work; (3) names that State agency as the sole agency administering these grants throughout the State and satisfactorily shows it can carry out this section; (4) assures that the agency has or will employ enough competent, trained inspectors qualified under State law; (5) extends and improves the State mine-safety program and provides that no one will receive advance notice of an inspection; (6) provides suitable fiscal controls and fund-accounting procedures; (7) requires the agency to report to the Secretary in the form and with the information the Secretary requires; (8) assures the grants supplement rather than replace existing State programs; and (9) meets additional conditions the Secretary prescribes that further and are consistent with this section. (c) Disapproval; notice and hearing. The Secretary may not finally disapprove an application or modification without first giving the State agency reasonable notice and an opportunity for a public hearing. (d) Court review. A State harmed by a decision under subsection (b) or (c) may, within 30 days after the decision, petition the United States Court of Appeals for the District of Columbia to modify or set aside all or part of the action. The court hears the appeal on the record made before the Secretary. The Secretary’s factual findings are conclusive if supported by substantial evidence in the whole record. The court may affirm, vacate, or send the proceedings back to the Secretary for further action it directs. Filing the petition does not pause the decision unless the court orders it. Section 816(a), (b), and (c) does not apply. (e) Training State inspectors. A State application or modification may include a State-inspector training program. (f) Cooperation. The Secretary must cooperate with the State in carrying out its application or modification. The Secretary must, when appropriate, develop or build facilities and finance joint training for Federal and State inspectors. The Secretary must also cooperate in creating a system to exchange State and Federal inspection reports about mines in the State to improve their health and safety. (g) Grant limit. A grant to a mining State for a fiscal year may not exceed 80 percent of what the State spends that year carrying out its application. (h) Appropriations. Congress may appropriate $3,000,000 for fiscal year 1970 and $10,000,000 each later fiscal year to carry out this section. The money remains available until spent. The Secretary must distribute grant money fairly among States with approved applications, but at least one-half must go to coal-producing States.

the actual law source: uscode.house.gov ↗public domain
(a) Development and enforcement of health and safety regulations; improvement of workmen’s compensation and occupational disease laws; promotion of Federal-State coordination in mine safety

The Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Interior, is authorized to make grants in accordance with an application approved under this section to any State in which coal or other mining takes place—

(1)

to assist such State in developing and enforcing effective coal or other mine health and safety laws and regulations consistent with the provisions of section 955 of this title;

(2)

to improve State workmen’s compensation and occupational disease laws and programs related to coal or other mine employment; and

(3)

to promote Federal-State coordination and cooperation in improving the health and safety conditions in the coal or other mines.

(b) Application for grants; contents

The Secretary shall approve any application or any modification thereof, submitted under this section by a State, through its official coal or other mine inspection or safety agency, which—

(1)

sets forth the programs, policies, and methods to be followed in carrying out the application in accordance with the purposes of subsection (a) of this section;

(2)

provides research and planning studies to carry out plans designed to improve State workmen’s compensation and occupational disease laws and programs, as they relate to compensation to miners for occupationally caused diseases and injuries arising out of employment in any coal or other mine;

(3)

designates such State coal or other mine inspection or safety agency as the sole agency responsible for administering grants under this section throughout the State, and contains satisfactory evidence that such agency will have the authority to carry out the purposes of this section;

(4)

gives assurances that such agency has or will employ an adequate and competent staff of trained inspectors qualified under the laws of such State to make coal or other mine inspections within such State;

(5)

provides for the extension and improvement of the State program for the improvement of coal or other mine health and safety in the State, and provides that no advance notice of an inspection will be provided anyone;

(6)

provides such fiscal control and fund accounting procedures as may be appropriate to assure proper disbursement and accounting of grants made to the States under this section;

(7)

provides that the designated agency will make such reports to the Secretary in such form and containing such information as the Secretary may from time to time require;

(8)

contains assurances that grants provided under this section will supplement, not supplant, existing State coal or other mine health and safety programs; and

(9)

meets additional conditions which the Secretary may prescribe in furtherance of, and consistent with, the purposes of this section.

(c) Approval by Secretary; notice and hearing

The Secretary shall not finally disapprove any State application or modification thereof without first affording the State agency reasonable notice and opportunity for a public hearing.

(d) Review by Court of Appeals; conclusiveness of findings of Secretary; filing of petition

Any State aggrieved by a decision of the Secretary under subsection (b) or (c) of this section may file within thirty days from the date of such decision with the United States Court of Appeals for the District of Columbia a petition praying that such action be modified or set aside in whole or in part. The court shall hear such appeal on the record made before the Secretary. The decision of the Secretary incorporating his findings of fact therein, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or remand the proceedings to the Secretary for such further action as it directs. The filing of a petition under this subsection shall not stay the application of the decision of the Secretary, unless the court so orders. The provisions of section 816(a), (b), and (c) of this title shall not be applicable to this section.

(e) Programs to train State inspectors

Any State application or modification thereof submitted to the Secretary under this section may include a program to train State inspectors.

(f) Cooperation in implementation of programs; exchange of reports between States

The Secretary shall cooperate with such State in carrying out the application or modification thereof and shall, as appropriate, develop and, where appropriate, construct facilities for, and finance a program of, training of Federal and State inspectors jointly. The Secretary shall also cooperate with such State in establishing a system by which State and Federal inspection reports of coal or other mines located in the State are exchanged for the purpose of improving health and safety conditions in such mines.

(g) Limitation on grants

The amount granted to any coal or other mining State for a fiscal year under this section shall not exceed 80 per centum of the amount expended by such State in such year for carrying out such application.

(h) Authorization of appropriations

There is authorized to be appropriated $3,000,000 for fiscal year 1970, and $10,000,000 annually in each succeeding fiscal year to carry out the provisions of this section, which shall remain available until expended. The Secretary shall provide for an equitable distribution of sums appropriated for grants under this section to the States where there is an approved application, except that no less than one-half of such sum shall be allocated to coal-producing States.

Source credit: (Pub. L. 91–173, title V, § 503, Dec. 30, 1969, 83 Stat. 800; Pub. L. 95–164, title III, § 303(c), Nov. 9, 1977, 91 Stat. 1320; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

history & why it existsrecord from the source credit
  • 1969Enacted · Pub. L. 91-173 · 83 Stat. 800
  • 1977Amended · Pub. L. 95-164 · 91 Stat. 1320
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-173 on 1969-12-30.

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