Page:United States Statutes at Large Volume 83.djvu/829

 83 STAT. ]

PUBLIC LAW 91-173-DEC. 30, 1969

(4) gives assurances that such agency has or will employ an adequate and competent staff of trained inspectors qualified under the laws of such State to make coal mine inspections within such State; (5) provides for the extension and improvement of the State program for the improvement of coal mine health and safety in the State, and provides that no advance notice of an inspection will be provided anyone; (6) provides such fiscal control and fund accounting procedures as may be appropriate to assure proper disbursement and accounting of grants made to the States under this section; (7) provides that the designated agency will make such reports to the Secretary in such form and containing such information as the Secretary may from time to time require; (8) contains assurances that grants provided under this section will supplement, not supplant, existing State coal mine health and safety programs; and (9) meets additional conditions which the Secretary may prescribe in furtherance of, and consistent with, the purposes of this section. (c) The Secretary shall not finally disapprove any State application or modification thereof without first aifording the State agency reasonable notice and opportunity for a public hearing. (d) Any State aggrieved by a decision of the Secretary under subsection (b) or (c) of this section may file within thirty days from the date of such decision with the United States Court of Appeals for the District of Columbia a petition praying that such action be modified or set aside in whole or in part. The court shall hear such appeal on the record made before the Secretary. The decision of the Secretary incorporating his findings of fact therein, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or remand the proceedings to the Secretary for such further action as it directs. The filing of a petition under this subsection shall not stay the application of the decision of the Secretary, unless the court so orders. The provisions of section 106(a), (b), and (c) of this Act shall not be applicable to this section. (e) Any State application or modification thereof submitted to the Secretary under this section may include a program to train State inspectors. (f) The Secretary shall cooperate with such State in carrying out the application or modification thereof and shall, as appropriate, develop and, where appropriate, construct facilities for, and finance a program of, training of Federal and State inspectors jointly. The Secretary shall also cooperate with such State in establishing a system by which State and Federal inspection reports of coal mines located in the State are exchanged for the purpose of improving health and safety conditions in such mines. (g) The amount granted to any coal mining State for a fiscal year under this section shall not exceed 80 per centum of the amount expended by such State in such year for carrying out such application. (h) There is authorized to be appropriated $3,000,000 for fiscal year 1970, and $5,000,000 annually in each succeeding fiscal year to carry out the provisions of this section, which shall remain available until expended. The Secretary shall provide for an equitable distribution of sums appropriated for grants under this section to the States where there is an approved application.

801

Hearing opportunity.

Petition.

Inspectors, training f a c i l i t i e s.

Appropriation.

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