Title 30, Mineral Lands and MiningRelease 119-110
§961 Functions Transferred Under 1977 Amendments
Title 30 › CHAPTER 22 — MINE SAFETY AND HEALTH › SUBCHAPTER V — ADMINISTRATIVE PROVISIONS › § 961
Summary
Transfers most mine safety work from the Secretary of the Interior to the Secretary of Labor, except the duties kept for the Interior under section 501 of the 1969 Coal Act and any duties the law gives to the Commission. The Health and Safety Academy moved to Labor when the law took effect. The safety rules that were in effect on November 9, 1977 stay in force until the Secretary of Labor issues new or revised rules for metal/nonmetal and coal mines. Within 60 days after November 9, 1977, the Secretary of Labor, with the Interior, must set up an advisory committee. That committee must review the Interior’s advisory mine safety standards within 180 days and say which ones should become mandatory, or which may be changed without making miners less safe. Within 60 days after the committee’s recommendations, Labor must publish each recommended rule as a proposed mandatory rule and allow 25 days for written comments. Within 30 days after that comment period ends, Labor must publish the final mandatory rule unless it explains in the Federal Register why a rule would not protect miners. All people, money, property, records, contracts, permits, orders, and ongoing cases tied to the moved functions go to Labor or the Commission as appropriate. Transferred staff keep their pay and grade for one year, though Labor may assign them duties. Existing orders, permits, and lawsuits keep going and do not stop because of the transfers. The term “function” means powers and duties, and the OMB Director, working with Labor and Interior, will sort out who gets the people, property, funds, and other items needed to carry out the transfers.
Full Legal Text
Title 30, §961
Mineral Lands and Mining, Source: USLM XML via OLRC
(a)Transfer of functions to Secretary of Labor (b) Existing mandatory standards; review by advisory committee; recommendations
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 and Safety Academy is transferred to the Secretary of Labor.
(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) 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 or officer of such agency or department.
(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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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, which was redesignated the Federal Mine Safety and Health Act of 1977 by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, and is classified principally to this chapter (§ 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 (§ 721 et seq.) of this title and was repealed by Pub. L. 95–164, title III, § 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 section 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 section 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, § 101, Nov. 9, 1977, 91 Stat. 1290, which is classified principally to this chapter (§ 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.
Statutory Notes and Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
30 U.S.C. § 961
Title 30, Mineral Lands and Mining
Last Updated
Sep 23, 2026
Release point: 119-110