30 Usc 901

§ 901

TITLE 30—MINERAL LANDS AND MINING

(g)(1) ‘‘working face’’ means any place in a
coal mine in which work of extracting coal
from its natural deposit in the earth is performed during the mining cycle,
(2) ‘‘working place’’ means the area of a coal
mine inby the last open crosscut,
(3) ‘‘working section’’ means all areas of the
coal mine from the loading point of the section to and including the working faces,
(4) ‘‘active workings’’ means any place in a
coal mine where miners are normally required
to work or travel;
(h) ‘‘abandoned areas’’ means sections, panels, and other areas that are not ventilated
and examined in the manner required for
working places under section 863 of this title;
(i) ‘‘permissible’’ as applied to electric face
equipment means all electrically operated
equipment taken into or used inby the last
open crosscut of an entry or a room of any
coal mine the electrical parts of which, including, but not limited to, associated electrical
equipment, components, and accessories, are
designed, constructed, and installed, in accordance with the specifications of the Secretary, to assure that such equipment will not
cause a mine explosion or mine fire, and the
other features of which are designed and constructed, in accordance with the specifications
of the Secretary, to prevent, to the greatest
extent possible, other accidents in the use of
such equipment; and the regulations of the
Secretary or the Director of the United States
Bureau of Mines in effect on the operative
date of this subchapter relating to the requirements for investigation, testing, approval, certification, and acceptance of such equipment
as permissible shall continue in effect until
modified or superseded by the Secretary, except that the Secretary shall provide procedures, including, where feasible, testing, approval, certification, and acceptance in the
field by an authorized representative of the
Secretary, to facilitate compliance by an operator with the requirements of section 865(a) of
this title within the periods prescribed therein;
(j) ‘‘low voltage’’ means up to and including
660 volts; ‘‘medium voltage’’ means voltages
from 661 to 1,000 volts; and ‘‘high voltage’’
means more than 1,000 volts;
(k) Repealed. Pub. L. 95–164, title II, § 202(b),
Nov. 9, 1977, 91 Stat. 1317.
(l) ‘‘coal mine’’ includes areas of adjoining
mines connected underground.
(Pub. L. 91–173, title III, § 318, Dec. 30, 1969, 83
Stat. 791; Pub. L. 95–164, title II, § 202(b), Nov. 9,
1977, 91 Stat. 1317; Pub. L. 102–285, § 10(b), May 18,
1992, 106 Stat. 172.)
REFERENCES IN TEXT
This chapter, referred to in par. (b)(1), 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.
For the operative date of this subchapter, referred to
in par. (i), see section 509 of Pub. L. 91–173, set out as
an Effective Date note under section 801 of this title.

Page 172

AMENDMENTS
1977—Par. (k). Pub. L. 95–164 struck out par. (k) which
defined ‘‘respirable dust’’ as dust particles 5 microns or
less in size.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in par. (i) pursuant to section 10(b)
of Pub. L. 102–285, set out as a note under section 1 of
this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines,
see Transfer of Functions note set out under section 1
of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective Nov. 9, 1977,
see section 307 of Pub. L. 95–164, set out as a note under
section 801 of this title.
EFFECTIVE DATE
Section operative 90 days after Dec. 30, 1969, except to
the extent an earlier date is specifically provided for in
Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out
as a note under section 801 of this title.

SUBCHAPTER IV—BLACK LUNG BENEFITS
PART A—GENERAL PROVISIONS
§ 901. Congressional findings and declaration of
purpose; short title
(a) Congress finds and declares that there are
a significant number of coal miners living today
who are totally disabled due to pneumoconiosis
arising out of employment in one or more of the
Nation’s coal mines; that there are a number of
survivors of coal miners whose deaths were due
to this disease; and that few States provide benefits for death or disability due to this disease
to coal miners or their surviving dependents. It
is, therefore, the purpose of this subchapter to
provide benefits, in cooperation with the States,
to coal miners who are totally disabled due to
pneumoconiosis and to the surviving dependents
of miners whose death was due to such disease;
and to ensure that in the future adequate benefits are provided to coal miners and their dependents in the event of their death or total disability due to pneumoconiosis.
(b) This subchapter may be cited as the
‘‘Black Lung Benefits Act’’.
(Pub. L. 91–173, title IV, § 401, Dec. 30, 1969, 83
Stat. 792; Pub. L. 92–303, §§ 3(a), 4(b)(2), May 19,
1972, 86 Stat. 153, 154; Pub. L. 95–239, § 16, Mar. 1,
1978, 92 Stat. 105; Pub. L. 97–119, title II,
§ 203(a)(4), Dec. 29, 1981, 95 Stat. 1644.)
AMENDMENTS
1981—Subsec. (a). Pub. L. 97–119 struck out ‘‘or who
were totally disabled by this disease at the time of
their deaths’’ after ‘‘due to this disease’’ and ‘‘due to
such disease’’.
1978—Pub. L. 95–239 designated existing provisions as
subsec. (a) and added subsec. (b).
1972—Pub. L. 92–303, § 3(a), inserted ‘‘or who were totally disabled by this disease at the time of their
deaths’’ after ‘‘disease’’ the first and third times it appeared and struck out ‘‘underground’’ before ‘‘coal
mines’’.
EFFECTIVE DATE OF 1981 AMENDMENT
Pub. L. 97–119, title II, § 206(a), Dec. 29, 1981, 95 Stat.
1645, provided that: ‘‘Except as otherwise provided, the
provisions of this title [see Short Title of 1981 Amend-

Page 173

TITLE 30—MINERAL LANDS AND MINING

ment note set out under section 801 of this title] shall
take effect on January 1, 1982.’’
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–239, § 20(a), Mar. 1, 1978, 92 Stat. 106, provided that: ‘‘The provisions of this Act [see Short Title
of 1978 Amendment note set out under section 801 of
this title] shall take effect on the date of enactment of
this Act [Mar. 1, 1978].’’
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–303, § 3(c), May 19, 1972, 86 Stat. 153, provided that: ‘‘The amendments made by this section
[amending this section and sections 902, 921, 932, and 933
of this title] shall be effective as of December 30, 1969.’’
Amendment by section 4(b)(2) of Pub. L. 92–303 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set
out as a note under section 921 of this title.
EFFECTIVE DATE
Subchapter effective Dec. 30, 1969, see section 509 of
Pub. L. 91–173, set out as a note under section 801 of
this title.
SEPARABILITY
Pub. L. 97–119, title II, § 206(b), Dec. 29, 1981, 95 Stat.
1645, provided that: ‘‘If any provision of this title [see
Short Title of 1981 Amendment note, set out under section 801 of this title], or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this title, or the application of
such provision to persons or circumstances other than
those to which it is held invalid, shall not be affected
thereby.’’
SPECIAL BENEFITS FOR DISABLED COAL MINERS
Pub. L. 102–394, title II, Oct. 6, 1992, 106 Stat. 1806, provided that: ‘‘For carrying out title IV of the Federal
Mine Safety and Health Act of 1977 [30 U.S.C. 901 et
seq.], including for fiscal year 1993 and thereafter the
payment of travel expenses on an actual cost or commuted basis, to an individual, for travel incident to
medical examinations, and when travel of more than 75
miles is required, to parties, their representatives, and
all reasonably necessary witnesses for travel within the
United States, Puerto Rico and the Virgin Islands, to
reconsideration interviews and to proceedings before
administrative law judges, $601,313,000, to remain available until expended: Provided, That monthly benefit
payments for fiscal year 1993 and thereafter shall be
paid consistent with section 215(g) of the Social Security Act [42 U.S.C. 415(g)].’’
STUDY OF CURRENT MEDICAL METHODS FOR DIAGNOSIS
OF PNEUMOCONIOSIS AND NATURE AND EXTENT OF IMPAIRMENT
ATTRIBUTABLE TO SIMPLE AND COMPLICATED PNEUMOCONIOSIS; REPORT TO CONGRESS
Pub. L. 97–119, title II, § 202(e), Dec. 29, 1981, 95 Stat.
1643, directed Secretary of Labor, in consultation with
Secretary of Health and Human Services, to undertake
a study of current medical methods for diagnosis of
pneumoconiosis, and of nature and extent of impairment and disability that are attributable to the existence of both simple and complicated pneumoconiosis,
with study, together with appropriate recommendations, to be transmitted to Congress no later than
eighteen months after Jan. 1, 1982.
STUDY OF BENEFITS UNDER THIS SUBCHAPTER, OTHER
BENEFITS RECEIVED, AND BENEFITS IF STATE WORKERS’ COMPENSATION PROGRAMS APPLICABLE; REPORT
TO CONGRESS
Pub. L. 97–119, title II, § 203(c), Dec. 29, 1981, 95 Stat.
1644, directed Secretary of Labor to undertake a study
of the benefits provided by this subchapter, other benefits received by individuals who receive benefits under
this subchapter, and benefits which would be received
were State workers’ compensation programs applicable

§ 902

in lieu of benefits under this subchapter, with study,
together with appropriate recommendations, to be
transmitted to Congress no later than eighteen months
after Jan. 1, 1982.

§ 902. Definitions
For purposes of this subchapter—
(a) The term ‘‘dependent’’ means—
(1) a child as defined in subsection (g) without regard to subparagraph (2)(B)(ii) thereof;
or
(2) a wife who is a member of the same
household as the miner, or is receiving regular
contributions from the miner for her support,
or whose husband is a miner who has been ordered by a court to contribute to her support,
or who meets the requirements of section
416(b)(1) or (2) of title 42. The determination of
an individual’s status as the ‘‘wife’’ of a miner
shall be made in accordance with section
416(h)(1) of title 42 as if such miner were the
‘‘insured individual’’ referred to therein. The
term ‘‘wife’’ also includes a ‘‘divorced wife’’ as
defined in section 416(d)(1) of title 42 who is receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or is
receiving substantial contributions from the
miner (pursuant to a written agreement), or
there is in effect a court order for substantial
contributions to her support from such miner.
(b) The term ‘‘pneumoconiosis’’ means a
chronic dust disease of the lung and its sequelae,
including respiratory and pulmonary impairments, arising out of coal mine employment.
(c) The term ‘‘Secretary’’, except where expressly otherwise provided, means the Secretary
of Labor.
(d) The term ‘‘miner’’ means any individual
who works or has worked in or around a coal
mine or coal preparation facility in the extraction or preparation of coal. Such term also includes an individual who works or has worked in
coal mine construction or transportation in or
around a coal mine, to the extent such individual was exposed to coal dust as a result of such
employment.
(e) The term ‘‘widow’’ includes the wife living
with or dependent for support on the miner at
the time of his death, or living apart for reasonable cause or because of his desertion, or who
meets the requirements of section 416(c)(1), (2),
(3), (4), or (5),1 and section 416(k) of title 42, who
is not married. The determination of an individual’s status as the ‘‘widow’’ of a miner shall be
made in accordance with section 416(h)(1) of title
42 as if such miner were the ‘‘insured individual’’ referred to therein. Such term also includes
a ‘‘surviving divorced wife’’ as defined in section
416(d)(2) of title 42 who for the month preceding
the month in which the miner died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed
by the Secretary, from the miner, or was receiving substantial contributions from the miner
(pursuant to a written agreement) or there was
in effect a court order for substantial contribu1 See

References in Text note below.