30usc901 - 902

TITLE 30—MINERAL LANDS AND MINING

§ 901

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.
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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 841, 861 of this
title.

SUBCHAPTER IV—BLACK LUNG BENEFITS
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 802, 820 of
this title; title 31 section 3803.

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
Section 206(a) of title II of Pub. L. 97–119 provided
that: ‘‘Except as otherwise provided, the provisions of
this title [see Short Title of 1981 Amendment note set
out under section 801 of this title] shall take effect on
January 1, 1982.’’

Section 20(a) of Pub. L. 95–239 provided that: ‘‘The
provisions of this Act [see Short Title of 1978 Amend-

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ment 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
Section 3(c) of Pub. L. 92–303 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
Section 206(b) of title II of Pub. L. 97–119 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
Section 202(e) of Pub. L. 97–119 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
Section 203(c) of Pub. L. 97–119 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 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

EFFECTIVE DATE OF 1978 AMENDMENT

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For purposes of this subchapter—
(a) The term ‘‘dependent’’ means—

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TITLE 30—MINERAL LANDS AND MINING

(1) a child as defined in subsection (g) of this
section 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), 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 contributions to her support from the miner at the time
of his death.
(f)(1) The term ‘‘total disability’’ has the
meaning given it by regulations of the Secretary
of Health and Human Services, which were in effect on November 2, 2002, for claims under part
B of this subchapter, and by regulations of the
Secretary of Labor for claims under part C of
this subchapter, subject to the relevant provisions of subsections (b) and (d) of section 923 of
this title, except that—
(A) in the case of a living miner, such regulations shall provide that a miner shall be con-

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§ 902

sidered totally disabled when pneumoconiosis
prevents him or her from engaging in gainful
employment requiring the skills and abilities
comparable to those of any employment in a
mine or mines in which he or she previously
engaged with some regularity and over a substantial period of time;
(B) such regulations shall provide that (i) a
deceased miner’s employment in a mine at the
time of death shall not be used as conclusive
evidence that the miner was not totally disabled; and (ii) in the case of a living miner, if
there are changed circumstances of employment indicative of reduced ability to perform
his or her usual coal mine work, such miner’s
employment in a mine shall not be used as
conclusive evidence that the miner is not totally disabled;
(C) such regulations shall not provide more
restrictive criteria than those applicable
under section 423(d) of title 42; and
(D) the Secretary of Labor, in consultation
with the Director of the National Institute for
Occupational Safety and Health, shall establish criteria for all appropriate medical tests
under this subsection which accurately reflect
total disability in coal miners as defined in
subparagraph (A).
(2) Criteria applied by the Secretary of Labor
in the case of—
(A) any claim arising under part B of this
subchapter or subject to a determination by
the Secretary of Labor under section 945(a) 1 of
this title;
(B) any claim which is subject to review by
the Secretary of Labor under section 945(b) 1 of
this title; and
(C) any claim filed on or before the effective
date of regulations promulgated under this
subsection by the Secretary of Labor;
shall not be more restrictive than the criteria
applicable to a claim filed on June 30, 1973,
whether or not the final disposition of any such
claim occurs after the date of such promulgation of regulations by the Secretary of Labor.
(g) The term ‘‘child’’ means a child or a stepchild who is—
(1) unmarried; and
(2)(A) under eighteen years of age, or
(B)(i) under a disability as defined in section
423(d) of title 42,
(ii) which began before the age specified in
section 402(d)(1)(B)(ii) of title 42, or, in the
case of a student, before he ceased to be a student; or
(C) a student.
The term ‘‘student’’ means a ‘‘full-time student’’ as defined in section 402(d)(7) of title 42, or
a ‘‘student’’ as defined in section 8101(17) of title
5. The determination of an individual’s status as
the ‘‘child’’ of the miner or widow, as the case
may be, shall be made in accordance with section 416(h)(2) or (3) of title 42 as if such miner or
widow were the ‘‘insured individual’’ referred to
therein.
(h) The term ‘‘fund’’ means the Black Lung
Disability Trust Fund established by section
9501 of title 26.
1 See

References in Text note below.

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