80 STAT. ]
PUBLIC LAW 8 9. 5 7 7 - S E P T. 16, 1966
773
form, are extracted with workers underground, (2) private ways and roads appurtenant to such area, and (3) land, excavations, underground passageways, and workings, structures, facilities, equipment, machines, tools, or other property, on the surface or underground, used in the work of extracting such minerals other than coal or lignite from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in the milling of such minerals, except that with respect to protection against radiation hazards such term shall not include property used in the milling of source material as defined in the Atomic Energy Act of 1954, as amended. ^^ ^^^ Vn (c) The term "operator" means the person, partnership, association, note. or corporation, or subsidiary of a corporation operating a mine, and owning the right to do so, and includes any agent thereof charged with responsibility for the operation of such mme. (d) The term "Secretary" means the Secretary of the Interior or his duly authorized representative. (e) The term "Board" means the Federal Metal and Nonmetallic Mine Safety Board of Review created by section 10. SEC. 3. (a) Each mine the products of which regularly enter com- Applicability. merce, or the operations of which affect commerce, shall be subject to this Act. (b) The Secretary may, by published rules adopted pursuant to the Administrative Procedure Act, decline to assert jurisdiction under this 5°u^*c**io^o'/* Act over any class or category of mines where, in the opinion of the note. Secretary, the effect of the operations of such mines on commerce is not sufficiently substantial to warrant the exercise of jurisdiction under this Act, and the record of injuries and accidents in such class or category of mines warrants such a declination of jurisdiction. INSPECTIONS
SEC. 4. The Secretary of the Interior is authorized at any time to cause to be made such inspections and investigations as he shall deem necessary in mines which are subject to this Act (1) for the purpose of obtaining, utilizing, and disseminating information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases originating therein, (2) for the purpose of determining whether or not there is compliance with a health and safety standard or order issued under this Act, or (3) for the purpose of evaluating the manner in which a State plan approved under section 16 is being carried out. At least once each calendar year the Secretary shall inspect each underground mine which is subject to this Act. SEC. 5. For the purpose of making any inspection or investigation authorized by this Act, authorized representatives of the Secretary shall be entitled to admission to, and shall have the right of entry to, upon, or through, any mine which is subject to this Act.
�
