§ 961. — Functions transferred under 1977 amendments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC961]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER V--ADMINISTRATIVE PROVISIONS
Sec. 961. Functions transferred under 1977 amendments
(a) Transfer of functions to Secretary of Labor
Except with respect to the functions assigned to the Secretary of
the Interior pursuant to section 501 of the Federal Coal Mine Health and
Safety Act of 1969 [30 U.S.C. 951], the functions of the Secretary of
the Interior under the Federal Coal Mine Health and Safety Act of 1969,
as amended [30 U.S.C. 801 et seq.], and the Federal Metal and
Nonmetallic Mine Safety Act [30 U.S.C. 721 et seq.] are transferred to
the Secretary of Labor, except those which are expressly transferred to
the Commission by this Act. Effective on the date of enactment of this
Act, Health \1\ and Safety Academy is transferred to the Secretary of
Labor.
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\1\ So in original. Probably should be ``the Health''.
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(b) Existing mandatory standards; review by advisory committee;
recommendations
(1) The mandatory standards relating to mines, issued by the
Secretary of the Interior under the Federal Metal and Nonmetallic Mine
Safety Act [30 U.S.C. 721 et seq.] and standards and regulations under
the Federal Coal Mine Health and Safety Act of 1969 [30 U.S.C. 801 et
seq.] which are in effect on November 9, 1977, shall remain in effect as
mandatory health or safety standards applicable to metal and nonmetallic
mines and to coal mines respectively under the Federal Mine Safety and
Health Act of 1977 [30 U.S.C. 801 et seq.] until such time as the
Secretary of Labor shall issue new or revised mandatory health or safety
standards applicable to metal and nonmetallic mines and new or revised
mandatory health or safety standards applicable to coal mines.
(2) Within 60 days after November 9, 1977, the Secretary of Labor in
consultation with the Secretary of the Interior shall establish an
advisory committee under section 102 of the Federal Mine Safety and
Health Act of 1977 [30 U.S.C. 812] which shall, within 180 days after
the date of the establishment of such advisory committee, review the
advisory health and safety standards issued by the Secretary of the
Interior under the Federal Metal and Nonmetallic Mine Safety Act and
recommend to the Secretary of Labor which of those standards (or any
modifications of such standards which do not substantially diminish the
health and safety of miners) should be promulgated as mandatory health
or safety standards. The Secretary of Labor shall publish, within 60
days after any recommendations of the advisory committee under this
paragraph, each of the standards so recommended for adoption with or
without modifications as a proposed mandatory health or safety standard
under this section by publication of such standard in the Federal
Register, and afford interested persons a period of 25 days after
publication to submit written data or comment. Within 30 days after the
close of the comment period specified in the preceding sentence, the
Secretary of Labor shall promulgate by publication in the Federal
Register mandatory health or safety standards based upon the advisory
committee recommendation with or without modification, and the data and
comments received thereon, unless the Secretary of Labor determines that
such standards will not promote the health and safety of miners and
publishes an explanation of that determination in the Federal Register.
(c) Unexpended appropriations; personnel; property; records;
obligations; commitments; savings provisions; pending
proceedings and suits
(1) All unexpended balances of appropriations, personnel, property,
records, obligations, and commitments which are used primarily with
respect to any functions transferred under the provisions of subsection
(a) of this section to the Secretary of Labor shall be transferred to
the Department of Labor or the Commission, as appropriate. The transfer
of personnel pursuant to this paragraph shall be without reduction in
classification or compensation for one year after such transfer, except
that the Secretary of Labor shall have full authority to assign
personnel during such one-year period in order to efficiently carry out
functions transferred to him under this Act.
(2) All orders, decisions, determinations, rules, regulations,
permits, contracts, certificates, licenses, and privileges (A) which
have been issued, made, granted, or allowed to become effective in the
exercise of functions which are transferred under this section by any
department or agency, any functions of which are transferred by this
section, and (B) which are in effect at the time this section takes
effect, shall continue in effect according to their terms until
modified, terminated, superseded, set aside, revoked, or repealed by the
Secretary of Labor, the Federal Mine Safety and Health Review Commission
or other authorized officials, by any court of competent jurisdiction,
or by operation of law.
(3) The provisions of this section shall not affect any proceedings
pending at the time this section takes effect before any department,
agency, or component thereof, functions of which are transferred by this
section, except that such proceedings, to the extent that they relate to
functions so transferred, shall be continued before the Secretary of
Labor or the Federal Mine Safety and Health Review Commission. Orders
shall be issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if this section
had not been enacted; and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, revoked, or
repealed by the Secretary of Labor, the Federal Mine Safety and Health
Review Commission, by a court of competent jurisdiction, or by operation
of law. Nothing in this subsection shall be deemed to prohibit the
discontinuance or modification of any proceeding under the same terms
and conditions and to the same extent that such proceeding could have
been discontinued if this section had not been enacted.
(4) The provisions of this section shall not affect suits commenced
prior to the date this section takes effect and in all such suits
proceedings shall be had, appeals taken, and judgments rendered, in the
same manner and effect as if this section had not been enacted; except
that if before the date on which this section takes effect, any
department or agency (or officer thereof in his official capacity) is a
party to a suit involving functions transferred to the Secretary, then
such suit shall be continued by the Secretary of Labor. No cause of
action, and no suit, action, or other proceeding, by or against any
department or agency (or officer thereof in his official capacity)
functions of which are transferred by this section, shall abate by
reason of the enactment of this section. Causes of actions, suits,
actions, or other proceedings may be asserted by or against the United
States or the Secretary as may be appropriate and, in any litigation
pending when this section takes effect, the court may at any time, on
its own motion or that of any party, enter an order which will give
effect to the provisions of this paragraph.
(d) ``Function'' defined
For purposes of this section, (1) the term ``function'' includes
power and duty, and (2) the transfer of a function, under any provision
of law, of an agency or the head of a department shall also be a
transfer of all functions under such law which are exercised by any
officer \2\ or officer of such agency or department.
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\2\ So in original. Probably should be ``office''.
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(e) Determinations by Director of Office of Management and Budget
The Director of the Office of Management and Budget in consultation
with the Secretary of Labor and the Secretary of the Interior is
authorized and directed to make such determinations as may be necessary
with regard to the dispositions of personnel, personnel positions,
property, records, assets, liabilities, contracts, obligations,
commitments, unexpended balances of appropriations, authorizations,
allocations, and other funds employed, held, used, arising from,
available or to be made available, in connection with the functions
transferred by this Act as he may deem necessary to accomplish the
purposes of this Act.
(Pub. L. 95-164, title III, Sec. 301, Nov. 9, 1977, 91 Stat. 1317; Pub.
L. 96-38, title I, Sec. 100, July 25, 1979, 93 Stat. 111.)
References in Text
The Federal Coal Mine Health and Safety Act of 1969, referred to in
subsecs. (a) and (b)(1), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742,
as amended, which was redesignated the Federal Mine Safety and Health
Act of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91 Stat.
1290, and is classified principally to this chapter (Sec. 801 et seq.).
For complete classification of this Act to the Code, see Short Title
note set out under section 801 of this title and Tables.
The Federal Metal and Nonmetallic Mine Safety Act, referred to in
subsecs. (a) and (b), is Pub. L. 89-577, Sept. 16, 1966, 80 Stat. 772,
which was classified generally to chapter 21 (Sec. 721 et seq.) of this
title and was repealed by Pub. L. 95-164, title III, Sec. 306(a), Nov.
9, 1977, 91 Stat. 1322.
This Act, referred to in subsecs. (a), (c)(1), and (e), means Pub.
L. 95-164, Nov. 9, 1977, 91 Stat. 1290, known as the Federal Mine Safety
and Health Amendments Act of 1977, which enacted sections 822 to 825 and
961 of this title and section 557a of Title 29, Labor, amended sections
801 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
Employees, repealed sections 721 to 740 of this title and section 1456a
of Title 43, Public Lands, and enacted provisions set out as notes under
sections 801 and 954 of this title and section 11 of former Title 31,
Money and Finance. For complete classification of this Act to the Code,
see Short Title of 1977 Amendment note set out under section 801 of this
title and Tables.
The date of enactment of this Act, referred to in subsec. (a), is
the date of enactment of Pub. L. 95-164, which was approved Nov. 9,
1977.
The Health and Safety Academy, referred to in subsec. (a), probably
means the National Mine Health and Safety Academy. See section 952(c) of
this title.
The Federal Mine Safety and Health Act of 1977, referred to in
subsec. (b)(1), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as
amended by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91 Stat.
1290, which is classified principally to this chapter (Sec. 801 et
seq.). 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 time this section takes effect, referred to in subsec.
(c)(2) and (4), see Effective Date of 1977 Amendment note set out under
section 801 of this title.
Codification
Section was enacted as part of Pub. L. 95-164, known as the Federal
Mine Safety and Health Amendments Act of 1977, and not as part of Pub.
L. 91-173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety
and Health Act of 1977 which comprises this chapter.
Amendments
1979--Subsec. (a). Pub. L. 96-38 inserted provision transferring the
Health and Safety Academy to the Secretary of Labor.
Effective Date
For the effective date of this section, see section 307 of Pub. L.
95-164, set out as an Effective Date of 1977 Amendment note under
section 801 of this title.
