Page:United States Statutes at Large Volume 80 Part 1.djvu/819

 80 STAT. ]

PUBLIC LAW 89-577-SEPT. 16, 1966

783

safety agency, a State plan for the development of such standards and their enforcement. (c) The Secretary shall approve the plan submitted by a State under subs-3ction (b), or any modification thereof, whenever the State gives evidence satisfactory to the Secretary that under such plan— (1) the State agency submitting such plan is the sole agency responsible for administering the plan throughout the State and contains satisfactory evidence that such agency will have the authority to carry out the plan: Provided, That the Secretary may, upon request of the Governor or other appropriate executive or legislative authority of the State responsible for determining or revising the organizational structure of State government, waive the single State agency provision hereof and approve another State administrative structure or arrangement if the Secretary determines that the objectives of this Act will not be endangered by the use of such other State structure or arrangement, (2) such agency has adequate legal authority to enforce existing health and safety standards for the purpose of the protection of life, the promotion of health and safety, and the prevention of accidents in mines in the State that are subject to this Act, which are, in his judgment, substantially as effective for such purposes as the mandatory standards designated under section 6(b) and which provide for inspection at least annually of all such mines, other than quarries and sand and gravel pits, (3) the agency has adequate qualified personnel necessary for the enforcement of the plan, (4) the State will devote adequate funds to the administration and enforcement of such standards, (5) reasonable safeguards exist against loss of life or property arising from mines which are closed or abandoned after the effective date of this Act, and (6) the agency shall make such reports to the Secretary, in such reports \T^^ form and containing such information, as the Secretary shall terior secretary. from time to time require. (d) The Secretary shall, on the basis of reports submitted by the State agency and his own inspection of mines, make a continuing evaluation of the manner in which each State having a plan approved under this section is carrying out such plan. Whenever the Secretary finds, after affording due notice and opportunity for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein), he shall notify the State agency of his withdrawal of approval of such plan and upon receipt of such notice such plan shall cease to be in effect. (e) The provisions of section 8(b) and 9(b) of this Act shall not be applicable in any State in which there is in effect a State plan approved under subsection (c). ADMINISTRATIVE

PROVISIONS

SEC. 17. The Secretary shall provide that the major responsibility for administering the provisions of this Act shall be vested in the Bureau of Mines of the Department of the Interior which has the major responsibility for carrying out the Federal Coal Mine Safety Act. The Secretary acting through the Bureau, shall have authority 30 u*sc 4^1" to appoint, subject to the civil service laws, such officers and employees note, as he may deem requisite for the administration of this Act; and to prescribe powers, duties, and responsibilities of all officers and employees engaged in the administration of this Act: Provided, however,

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