§954 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

The Secretary may hire employees, following civil service rules, and set their duties to carry out this chapter. People chosen to act for the Secretary must have practical mining experience, be practical mining engineers, or have the proper education. To the extent possible, mine inspectors must have at least five years of hands-on mining work, and assignments should match an inspector’s experience with that type of mining. Helpers who take respirable dust samples must be trained or have relevant experience or education. Section 201 of the Revenue and Expenditure Control Act of 1968 (82 Stat. 251, 270) does not apply to these appointments, and these hired people are not counted under that section when it is used for other agencies. The Secretary must make sure these staff get enough training. The Secretary must set up training programs with schools and mine operators so people can qualify for these jobs. The Secretary must work with schools, operators, and miner representatives to create and keep training and continuing education, especially for inspectors, and may provide money and technical help to those schools when needed.

Title 30, §954

Mineral Lands and Mining — Source: USLM XML via OLRC

The Secretary may, subject to the civil service laws, appoint such employees as he deems requisite for the administration of this chapter and prescribe their duties. Persons appointed as authorized representatives of the Secretary shall be qualified by practical experience in mining or by experience as a practical mining engineer or by education: Provided, however, That, to the maximum extent feasible, in the selection of persons for appointment as mine inspectors, no person shall be so selected unless he has the basic qualification of at least five years practical mining experience and in assigning mine inspectors to the inspection and investigation of individual mines, due consideration shall be given to the extent possible to their previous experience in the particular type of mining operation where such inspections are to be made. Persons appointed to assist such representatives in the taking of samples of respirable dust for the purpose of enforcing subchapter II of this chapter shall be qualified by training, experience, or education. The provisions of section 201 of the Revenue and Expenditure Control Act of 1968 (82 Stat. 251, 270) shall not apply with respect to the appointment of such authorized representatives of the Secretary or to persons appointed to assist such representatives and to carry out the provisions of this chapter, and, in applying the provisions of such section to other agencies under the Secretary and to other agencies of the Government, such appointed persons shall not be taken into account. Such persons shall be adequately trained by the Secretary. The Secretary shall develop programs with educational institutions and operators designed to enable persons to qualify for positions in the administration of this chapter. In selecting persons and training and retraining persons to carry out the provisions of this chapter, the Secretary shall work with appropriate educational institutions, operators, and representatives of miners in developing and maintaining adequate programs for the training and continuing education of persons, particularly inspectors, and where appropriate, the Secretary shall cooperate with such institutions in carrying out the provisions of this section by providing financial and technical assistance to such institutions.

Notes & Related Subsidiaries

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 chapter. 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 section 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 inspectors, 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 AmendmentAmendment 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 engaged 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].”

§954 Appointment of Administrative Personnel and Inspectors; Qualifications; Training Programs

Summary

Title 30, §954

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Short Title

Enforcement

Effective Date

Enforcement

Citations & Metadata