responsible for administering the plan throughout the State, (2) provides for the development and enforcement of youth camp safety standards which standards (and the enforcement of such standards) are or will be at least as effective in providing safe operation of youth camps (other than travel camps) in the State as the standards promulgated under section 5, (3) provides for the enforcement of the standards developed under paragraph (2) in all youth camps in the State which are operated by the State or its political subdivisions, (4) provides for an inspection of each such youth camp at least once a year during a period the camp is in operation, (5) provides for an advisory committee, to advise the State agency on the general policy involved in inspection and certification procedures under the State plan, which committee shall include among its members representatives of other State agencies concerned with camping or programs related thereto and persons representative of professional or civic or other public or nonprofit private agencies, organizations, or groups concerned with organized camping, (6) provides for a right of entry and inspection of 1 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 20 21 all such youth camps which is at least as effective as that provided in section 9, (7) contains satisfactory assurances that such State agency has or will have the legal authority and qualified personnel necessary for the enforcement of such standards, (8) gives satisfactory assurances that such State will devote adequate funds to the administration and enforcement of such standards, (9) provides that such State agency will make such reports in such form and containing such information as the Secretary may reasonably require, (10) provides assurances that State funds will be available to meet the portions of the cost of carrying out the plan which are not met by Federal funds, and (11) provides such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting of funds received under this Act. (c) The Secretary shall approve any State plan which meets the requirements of subsection (a), but shall not (d) 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 3 with any provision of the State plan (or any assurance con4 tained therein), he shall (1) notify the State agency of his 5 withdrawal of approval of such plan and upon receipt of such 6 notice such plan shall cease to be in effect, but the State may 7 retain jurisdiction in any case commenced before the with8 drawal of the plan in order to enforce standards under the 9 plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan; and (2) shall notify such 11 State agency that no further payments will be made to the 12 State under this Act (or in his discretion, that further pay13 ments to the State will be limited to programs or portions of 14 the State plan not affected by such failure), until he is 15 satisfied that there will no longer be any failure to comply. 16 Until he is so satisfied, no further payments may be made to 17 such State under this Act (or payment shall be limited to programs or portions of the State plan not affected by such 19 failure). 10 18 20 (e) The State may obtain a review of a decision of the 21 Secretary withdrawing approval of or rejecting its plan by 22 the United States court of appeals for the circuit in which 23 the State is located by filing in such court within 30 days 24 following receipt of notice of such decision a petition to 25 modify or set aside in whole or in part the action of the 1 Secretary. A copy of such petition shall forthwith be served 2 upon the Secretary, and thereupon the Secretary shall certify 3 and file in the court the record upon which the decision com4 plained of was issued as provided in section 2112 of title 28, 5 United States Code. Unless the court finds that the Secre6 tary's decision in rejecting a proposed State plan or with7 drawing his approval of such plan is not supported by sub8 stantial evidence the court shall affirm the Secretary's deci9 sion. The judgment of the court shall be subject to review by 10 the Supreme Court of the United States upon certiorari or 11 certification as provided in section 1254 of title 28, United 12 States Code. 23 13 14 GRANTS TO STATES SEC. 7. (a) The Secretary may make grants to States 15 which have in effect plans approved under section 6 to assist 16 them in carrying out such plans. No such grant may exceed 17 80 per cent of the cost of developing and carrying out the 18 State plan. Payments under this section may be made in 19 installments and in advance or by way of reimbursement 20 with necessary adjustments on account of underpayments or 21 223 overpayments. (b) There are authorized to be appropriated for the 23 fiscal year 1973, and each of the five succeeding fiscal years, 24 such sums as may be necessary to make the grants provided 25 for in this section. 1 2 ENFORCEMENT BY SECRETARY; CITATIONS SEC. 8. (a) The Secretary shall be responsible for the 3 enforcement of youth camp safety standards in States which 4 do not have in effect a State plan approved under section 6, 5 and with respect to travel camps. 10 6 (b) The Secretary shall issue regulations and proce7 dures providing for citations to youth camp operators for 8 any violation of the duty imposed by section 4, of any 9 standard, rule, or order promulgated pursuant to section 5, or of any regulations prescribed pursuant to this Act. Each 11 citation shall fix a reasonable time for the abatement of the 12 violation. The Secretary may prescribe procedures for the 13 issuance of a notice in lieu of a citation with respect to de minimus violations which have no direct or immediate rela15 tionship to safety or health. 197 16 17 INSPECTIONS. INVESTIGATIONS, AND RECORDS SEC. 9. (a) In order to carry out his duties under this 18 Act, the Secretary may enter and inspect any youth camp 19 and its records. may question employees, and may investi20 gate facts, conditions, practices, or matters to the extent he 21 deems it necessary or appropriate. 22 22 (b) For the purpose of any hearing or investigation 23 provided for in this Act, the provisions of section 8(b) of 24 the Occupational Safety and Health Act of 1970 shall be 25 applicable to the Secretary. |