
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 30USC931]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
                   CHAPTER 22--MINE SAFETY AND HEALTH
 
                   SUBCHAPTER IV--BLACK LUNG BENEFITS
 
           Part C--Claims for Benefits After December 31, 1973
 
Sec. 931. Benefits under State workmen's compensation laws


(a) Filing

    On and after January 1, 1974, any claim for benefits for death or 
total disability due to pneumoconiosis shall be filed pursuant to the 
applicable State workmen's compensation law, except that during any 
period when miners or their surviving widows, children, parents, 
brothers, or sisters, as the case may be, are not covered by a State 
workmen's compensation law which provides adequate coverage for 
pneumoconiosis, and in any case in which benefits based upon eligibility 
under paragraph (5) of section 921(c) of this title are involved.\1\ 
they shall be entitled to claim benefits under this part.
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    \1\ So in original. The period probably should be a comma.
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(b) Adequacy of compensation; listing of States providing adequate 
        compensation; requisites for listing

    (1) For purposes of this section, a State workmen's compensation law 
shall not be deemed to provide adequate coverage for pneumoconiosis 
during any period unless it is included in the list of State laws found 
by the Secretary to provide such adequate coverage during such period. 
The Secretary shall, no later than October 1, 1972, publish in the 
Federal Register a list of State workmen's compensation laws which 
provide adequate coverage for pneumoconiosis and shall revise and 
republish in the Federal Register such list from time to time, as may be 
appropriate to reflect changes in such State laws due to legislation or 
judicial or administrative interpretation.
    (2) The Secretary shall include a State workmen's compensation law 
on such list during any period only if he finds that during such period 
under such law--
        (A) benefits must be paid for total disability or death of a 
    miner due to pneumoconiosis, except that (i) such law shall not be 
    required to provide such benefits where the miner's last employment 
    in a coal mine terminated before the Secretary's approval of the 
    State law pursuant to this section; and (ii) each operator of a coal 
    mine shall secure the payment of benefits pursuant to section 933 of 
    this title with respect to any miner whose last employment in a coal 
    mine terminated before the Secretary's approval of the State law 
    pursuant to this section;
        (B) the amount of such cash benefits is substantially equivalent 
    to or greater than the amount of benefits prescribed by section 
    922(a) of this title;
        (C) the standards for determining death or total disability due 
    to pneumoconiosis are substantially equivalent to section 902(f) of 
    this title and to those standards established under this part, and 
    by the regulations of the Secretary promulgated under this part;
        (D) any claim for benefits on account of total disability of a 
    miner due to pneumoconiosis is deemed to be timely filed if such 
    claim is filed within three years after a medical determination of 
    total disability due to pneumoconiosis;
        (E) there are in effect provisions with respect to prior and 
    successor operators which are substantially equivalent to the 
    provisions contained in section 932(i) of this title; and
        (F) there are applicable such other provisions, regulations or 
    interpretations, which are consistent with the provisions contained 
    in Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 
    1927), as amended [33 U.S.C. 901 et seq.], which are applicable 
    under section 932(a) of this title, but are not inconsistent with 
    any of the criteria set forth in subparagraphs (A) through (E) of 
    this paragraph, as the Secretary, in accordance with regulations 
    promulgated by him, determines to be necessary or appropriate to 
    assure adequate compensation for total disability or death due to 
    pneumoconiosis.

The action of the Secretary in including or failing to include any State 
workmen's compensation law on such list shall be subject to judicial 
review exclusively in the United States court of appeals for the circuit 
in which the State is located or the United States Court of Appeals for 
the District of Columbia.

(c) Publication in Federal Register; review of listings

    Final regulations required for implementation of any amendments to 
this part shall be promulgated and published in the Federal Register at 
the earliest practicable date after the date of enactment of such 
amendments, and in no event later than the end of the sixth month 
following the month in which such amendments are enacted.

(Pub. L. 91-173, title IV, Sec. 421, Dec. 30, 1969, 83 Stat. 795; Pub. 
L. 92-303, Secs. 1(c)(1), 4(e), 5(3), (5), May 19, 1972, 86 Stat. 151, 
154, 155; Pub. L. 95-239, Secs. 3(b)(3), 6, Mar. 1, 1978, 92 Stat. 97, 
98.)

                       References in Text

    Public Law 803, 69th Congress, referred to in subsec. (b)(2)(F), is 
act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended, popularly known as 
the Longshore and Harbor Workers' Compensation Act, which is classified 
generally to chapter 18 (Sec. 901 et seq.) of Title 33, Navigation and 
Navigable Waters. For complete classification of this Act to the Code, 
see section 901 of Title 33 and Tables.


                               Amendments

    1978--Subsec. (a). Pub. L. 95-239, Sec. 3(b)(3), inserted reference 
to cases in which benefits based upon eligibility under par. (5) of 
section 921(c) of this title are involved.
    Subsec. (b)(2)(A). Pub. L. 95-239, Sec. 6(a), added the exceptions 
set out in cls. (i) and (ii).
    Subsec. (b)(2)(C). Pub. L. 95-239, Sec. 6(b), substituted 
``established under this part, and by the regulations of the Secretary 
promulgated under this part'' for ``established under part B of this 
subchapter, and by the regulations of the Secretary of Health, 
Education, and Welfare promulgated thereunder''.
    Subsec. (b)(2)(D). Pub. L. 95-239, Sec. 6(c), substituted ``total 
disability of a miner due to pneumoconiosis is deemed to be timely filed 
if such claim is filed within three years after a medical determination 
of total disability due to pneumoconiosis'' for ``total disability or 
death of a miner due to pneumoconiosis is deemed to be timely filed if 
such claim is filed within three years of the discovery of total 
disability due to pneumoconiosis, or the date of such death, as the case 
may be''.
    1972--Subsec. (a). Pub. L. 92-303, Secs. 1(c)(1), 5(3), substituted 
``widows, children, parents, brothers, or sisters, as the case may be,'' 
for ``widows'' and ``1974'' for ``1973''.
    Subsec. (b)(2)(C). Pub. L. 92-303, Sec. 4(e), substituted ``section 
902(f) of this title and to those standards established under part B of 
this subchapter'' for ``those established by section 921 of this 
title''.
    Subsec. (c). Pub. L. 92-303, Sec. 5(5), added subsec. (c).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section 
20(a) of Pub. L. 95-239, set out as a note under section 901 of this 
title.


                    Effective Date of 1972 Amendment

    Amendment by section 4(e) 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 932, 933 of this title.
