§ 953. — Assistance to States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC953]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER V--ADMINISTRATIVE PROVISIONS
Sec. 953. Assistance to States
(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.
(Pub. L. 91-173, title V, Sec. 503, Dec. 30, 1969, 83 Stat. 800; Pub. L.
95-164, title III, Sec. 303(c), Nov. 9, 1977, 91 Stat. 1320; Pub. L. 96-
88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
Amendments
1977--Subsec. (a). Pub. L. 95-164, Sec. 303(c)(1), inserted
reference to mines and mining other than coal mines and coal mining and
substituted ``Secretary of the Interior'' for ``Secretary of Labor''.
Subsecs. (b), (f), (g). Pub. L. 95-164, Sec. 303(c)(1), inserted
references to mines and mining other than coal mines and coal mining.
Subsec. (h). Pub. L. 95-164, Sec. 303(c)(2), substituted
``$10,000,000'' for ``$5,000,000'' and inserted requirement that no less
than one-half of sums appropriated for grants be allocated to coal-
producing States.
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsec. (a) 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
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.
