(2) furnish the appraised value of the material involved;

(3) state the amount of each contract;

(4) describe the circumstances leading to the determination that the contract should be entered into by negotiation instead of competitive bidding after formal advertising.

(As amended Sept. 25, 1962, Pub. L. 87-689, § 1, 76 Stat. 587.)

AMENDMENTS

1962-Pub. L. 87-689 designated existing provisions as subsec. (a), substituted therein provisions requiring the Secretary to dispose of materials after formal advertising and such other public notice as he deems appropriate, and authorizing negotiation of a contract for the sale of less than 250,000 board-feet of timber, or for materials to be used in connection with public works improvement program for a Federal, State, or local governmental agency where the public exigency will not permit the delay of advertising, or for property for which it is impracticable to obtain competition, for provisions requiring publication of notice once a week for 4 consecutive weeks in a newspaper of general circulation, and competitive bidding, in cases where the value was in excess of $1,000, and permitting disposal upon such notice and in such manner as he prescribed where the value was $1,000 or less, and added subsec. (b).

§§ 603, 604.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

§ 611. Common varieties of sand, stone, gravel, pumice, pumicite, or cinders, and petrified wood.

No deposit of common varieties of sand, stone, gravel, pumice, pumicite, or cinders and no deposit of petrified wood shall be deemed a valuable mineral deposit within the meaning of the mining laws of the United States so as to give effective validity to any mining claim hereafter located under such mining laws: Provided, however, That nothing herein shall affect the validity of any mining location based upon discovery of some other mineral occurring in or in association with such a deposit. "Common varieties" as used in sections 601, 603, and 611-615 of this title does not include deposits of such materials which are valuable because the deposit has some property giving it distinct and special value and does not include so-called "block pumice" which occurs in nature in pieces having one dimension of two inches or more. "Petrified wood" as used in sections 601, 603, and 611-615 of this title means agatized, opalized, petrified, or silicified wood, or any material formed by the replacement of wood by silica or other matter. (As amended Sept. 28, 1962, Pub. L. 87-713, §1, 76 Stat. 652.)

AMENDMENTS

1962-Pub. L. 87-713 defined "petrified wood", and provided that no deposit of petrified wood shall be deemed a valuable mineral deposit within the mining laws of the United States.

REGULATIONS FOR REMOVAL OF LIMITED QUANTITIES OF PETRIFIED WOOD

Section 2 of Pub L. 87-713 provided that: "The Secretary of the Interior shal provide by regulation that limited quantities of petrified wood may be removed without charge from those public lands which he shall specify."

§ 613. Procedure for determining title uncertainties. (a) Notice to mining claimants; request; publication; service.

The head of a Federal department or agency which has the responsibility for administering surface resources of any lands belonging to the United States may file as to such lands in the office of the Secretary of the Interior, or in such office as the Secretary of the Interior may designate, a request for publication of notice to mining claimants, for determination of surface rights, which request shall contain a description of the lands covered thereby, showing the section or sections of the public land surveys which embrace the lands covered by such request, or if such lands are unsurveyed, either the section or sections which would probably embrace such lands when the public land surveys are extended to such lands or a tie by courses and distances to an approved United States mineral monument.

The filling of such request for publication shall be accompanied by an affidavit or affidavits of a person or persons over twenty-one years of age setting forth that the affiant or affiants have examined the lands involved in a reasonable effort to ascertain whether any person or persons were in actual possession of or engaged in the working of such lands or any part thereof, and, if no person or persons were found to be in actual possession of or engaged in the working of said lands or any part thereof on the date of such examination, setting forth such fact, or, if any person or persons were so found to be in actual possession or engaged in such working on the date of such examination, setting forth the name and address of each such person, unless affiant shall have been unable through reasonable inquiry to obtain information as to the name and address of any such person, in which event the affidavit shall set forth fully the nature and results of such inquiry.

The filing of such request for publication shall also be accompanied by the certificate of a title or abstract company, or of a title abstractor, or of an attorney, based upon such company's abstractor's, or attorney's examination of those instruments which are shown by the tract indexes in the county office of record as affecting the lands described in said request, setting forth the name of any person disclosed by said instruments to have an interest in said lands under any unpatented mining claim heretofore located, together with the address of such person if such address is disclosed by such instruments of record. "Tract indexes" as used herein shall mean those indexes, if any, as to surveyed lands identifying instruments as affecting a particular legal subdivision of the public land surveys, and as to unsurveyed lands identifying instruments as affecting a particular probable legal subdivision according to a projected extension of the public land surveys.

Thereupon the Secretary of the Interior, at the expense of the requesting department or agency, shall cause notice to mining claimants to be published in a newspaper having general circulation in the county in which the lands involved are situate.

Such notice shall describe the lands covered by such request, as provided heretofore, and shall notify whomever it may concern that if any person claiming or asserting under, or by virtue of, any unpatented mining claim heretofore located, rights as to such lands or any part thereof, shall fail to file in the office where such request for publication was filed (which office shall be specified in such notice) and within one hundred and fifty days from the date of the first publication of such notice (which date shall be specified in such notice), a verified statement which shall set forth, as to such unpatented mining claim

(1) the date of location;

(2) the book and page of recordation of the notice or certificate of location;

(3) the section or sections of the public land surveys which embrace such mining claims; or if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land surveys are extended to such lands or a tie by courses and distances to an approved United States mineral monument;

(4) whether such claimant is a locator or purchaser under such location; and

(5) the name and address of such claimant and names and addresses so far as known to the claimant of any other person or persons claiming any interest or interests in or under such unpatented mining claim;

such failure shall be conclusively deemed (i) to constitute a waiver and relinquishment by such mining claimant of any right, title, or interest under such mining claim contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as to hereafter located unpatented mining claims, and (ii) to constitute a consent by such mining claimant that such mining claim, prior to issuance of patent therefor, shall be subject to the limitations and restrictions specified in section 612 of this title as to hereafter located unpatented mining claims, and (iii) to preclude thereafter, prior to issuance of patent, any assertion by such mining claimant of any right or title to or interest in or under such mining claim contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as to hereafter located unpatented mining claims.

If such notice is published in a daily paper, it shall be published in the Wednesday issue for nine consecutive weeks, or, if in a weekly paper, in nine consecutive issues, or if in a semiweekly or triweekly paper, in the issue of the same day of each week for nine consecutive weeks.

Within fifteen days after the date of first publication of such notice, the department or agency requesting such publication (1) shall cause a copy of such notice to be personally delivered to or to be mailed by registered mail or by certified mail addressed to each person in possession or engaged in the working of the land whose name and address is shown by an affidavit filed as aforesaid, and to each person who may have filed, as to any lands described in said notice, a request for notices, as provided in subsection (d) of this section, and shall

cause a copy of such notice to be mailed by registered mail or by certified mail to each person whose name and address is set forth in the title or abstract company's or title abstractor's or attorney's certificate filed as aforesaid, as having an interest in the lands described in said notice under any unpatented mining claim heretofore located, such notice to be directed to such person's address as set forth in such certificate; and (2) shall file in the office where said request for publication was filed an affidavit showing that copies have been so delivered or mailed.

(As amended June 11, 1960, Pub. L. 86-507, § 1(26), 74 Stat. 201.)

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-507 inserted "or by certified mail" following "registered mail" in two instances in the last paragraph.

Chapter 16.-MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER DEVELOPMENT § 621. Entry to lands reserved for power development.

(b) Placer claims; notice; hearing; order; rules and regulations.

The locator of a placer claim under this chapter, however, shall conduct no mining operations for a period of sixty days after the filing of a notice of location pursuant to section 623 of this title. If the Secretary of the Interior, within sixty days from the filing of the notice of location, notifies the locator by registered mail or certified mail of the Secretary's intention to hold a public hearing to determine whether placer mining operations would substantially interfere with other uses of the land included within the placer claim, mining operations on that claim shall be further suspended until the Secretary has held the hearing and has issued an appropriate order. The order issued by the Secretary of the Interior shall provide for one of the following: (1) a complete prohibition of placer mining; (2) a permission to engage in placer mining upon the condition that the locator shall, following placer operations, restore the surface of the claim to the condition in which it was immediately prior to those operations; or (3) a general permission to engage in placer mining. No order by the Secretary with respect to such operations shall be valid unless a certified copy is filed in the same State or county office in which the locator's notice of location has been filed in compliance with the United States mining laws.

The Secretary shall establish such rules and regulations as he deems desirable concerning bonds and deposits with respect to the restoration of lands to their condition prior to placer mining operations. Moneys received from any bond or deposit shall be used for the restoration of the surface of the claim involved, and any money received in excess of the amount needed for the restoration of the surface of that claim shall be refunded.

(As amended June 11, 1960, Pub. L. 86-507, § 1(27), 74 Stat. 202.)

AMENDMENTS

1960 Subsec. (b). Pub. L. 86-507 inserted "or certified mail" following "registered mail."

664.

665.

Definitions.

MENT

[New]

Office of Coal Research; powers and duties.
Advisory committees.

(a) Minutes of meetings.

(b) Availability of minutes or reports.

(c) Compensation; travel expenses.

(d) Exemption from conflict-of-interest statutes. Director of Coal Research; appointment.

Sites for conducting research; availability of personnel and facilities.

666. Public-availability requirement; national defense; patent agreements.

667. Reports to President and Congress.

(a) The term "Secretary" means the Secretary of the Interior.

(b) The term "research" means scientific, technical, and economic research and the practical application of that research. (Pub. L. 86-599, § 1, July 7, 1960, 74 Stat. 336.)

§ 662. Office of Coal Research; powers and duties. The Secretary shall establish within the Department of the Interior an Office of Coal Research, and through such Office shall

(1) develop through research, new and more efficient methods of mining, preparing, and utilizing coal;

(2) contract for, sponsor, cosponsor, and promote the coordination of, research with recognized interested groups, including but not limited to, coal trade associations, coal research associations, educational institutions, and agencies of States and political subdivisions of States;

(3) establish technical advisory committees composed of recognized experts in various aspects of coal research to assist in the examination and evaluation of research progress and of all research proposals and contracts and to insure the avoidance of duplication of research; and

(4) cooperate to the fullest extent possible with other departments, agencies, and independent establishments of the Federal Government and with State governments, and with all other interested agencies, governmental and nongovernmental.

(Pub. L. 86-599, § 2, July 7, 1960, 74 Stat. 336.)

§ 663. Advisory committees.

(a) Minutes of meetings.

Any advisory committee appointed under the provisions of this chapter shall keep minutes of each meeting, which shall contain as a minimum (1) the name of each person attending such meeting, (2) a copy of the agenda, and (3) a record of all votes or polls taken during the meeting. (b) Availability of minutes or reports.

A copy of any such minutes or of any report made by any such committee after final action has been taken thereon by the Secretary shall be available to the public upon request and payment of the cost of furnishing such copy.

22-992 0-64-vol. 2- 46

(c) Compensation; travel expenses.

Members of any advisory committee appointed from private life under authority of this section shall each receive $50 per diem when engaged in the actual performance of their duties as a member of such advisory committee. Such members shall also be entitled to travel expenses and per diem in lieu of subsistence at the rates authorized by section 73b-2 of Title 5 for all persons employed intermittently as consultants or experts receiving compensation on a per diem basis.

(d) Exemption from conflict-of-interest statutes.

Service by an individual as a member of such an advisory committee shall not subject him to the prorespect to a particular matter which directly involves the Office of Coal Research or in which the Office of visions of section 1914 of Title 18, or, except with Coal Research is directly interested, to the provisions of sections 281, 283, or 284 of Title 18 or of section 99 of Title 5. (Pub. L. 86-599, § 3, July 7, 1960, 74 Stat. 336.)

§ 664. Director of Coal Research; appointment.

The Secretary may appoint a Director of Coal Research without regard to the provisions of the civil service laws, or the Classification Act of 1949, as amended. (Pub. L. 86-599, § 4 (part), July 7, 1960, 74 Stat. 336.)

REFERENCES IN TEXT

The civil service laws, referred to in the text, are classified generally to Title 5, Executive Departments and Government Officers and Employees.

The Classification Act of 1949, as amended, referred to in the text, is classified to chapter 21 of Title 5.

COMPENSATION OF DIRECTOR

The annual rate of basic compensation of the Director was established at $17,500 by section 107(a)(23) of act July 31, 1956, ch. 804, title I, as added by Pub. L. 86-599, § 4, July 7, 1960, 74 Stat. 336. Section 301 of Pub. L. 87367, title III, Oct. 4, 1961, 75 Stat. 792, repealed section 107(a) (23) of act July 31, 1956, and section 304 of Pub. L. 87-367, set out as a note under section 2203 of Title 5, Executive Departments and Government Officers and Employees, directed that the position of Director shall be placed in the appropriate grade of the General Schedule of the Classification Act of 1949, as amended (chapter 21 of Title 5).

§ 665. Sites for conducting research; availability of personnel and facilities.

Research authorized by this chapter may be conducted wherever suitable personnel and facilities are available. (Pub. L. 86–599, § 5, July 7, 1960, 74 Stat. 337.)

§ 666. Public-availability requirement; national defense; patent agreements.

No research shall be carried out, contracted for. sponsored, cosponsored, or authorized under authority of this chapter, unless all information, uses. products, processes, patents, and other developments resulting from such research will (with such exceptions and limitations, if any, as the Secretary may find to be necessary in the interest of national defense) be available to the general public. Whenever in the estimation of the Secretary the purposes of this chapter would be furthered through the use of patented processes or equipment, the Secretary is authorized to enter into such agreements as he

deems necessary for the acquisition or use of such patents on reasonable terms and conditions. (Pub. L. 86-599, § 6, July 7, 1960, 74 Stat. 337.)

§ 667. Reports to President and Congress.

The Secretary shall submit to the President and the Congress, on or before February 15 of each year, beginning with the year 1961, a comprehensive report concerning activities under the authority of this chapter, including information on all research projects conducted, sponsored, or cosponsored under the authority of this chapter during the preceding year. (Pub. L. 86-599, § 7, July 7, 1960, 74 Stat. 337.)

§ 668. Appropriations.

(a) There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to remain available until expended, not to exceed $2,000,000 to be used to carry out the purposes of this chapter for the fiscal year beginning July 1, 1960.

(b) There are authorized to be appropriated for each fiscal year beginning after June 30, 1961, such sums as may be necessary to carry out the purposes of this chapter.

(c) Sums appropriated to carry out the purposes of this chapter shall remain available until expended. (Pub. L. 86-599, § 8, July 7, 1960, 74 Stat. 337.)

Chapter 19.-LEAD AND ZINC STABILIZATION PROGRAM [New]

Sec.

681. Statement of purpose.

682. Stabilization payments.

(a) Conditions; assay of metal content.

(b) Lead; market price determinative of right to payments; amount of payments.

(c) Zinc; market price determinative of right to payments; amount of payments.

(d) Dollar limitation on payments for calendar years 1962-1965.

683. Additional limitations on payments for calendar years 1961-1965

(a) Tonnage limitation; maximum production during calendar year of base period; operating unit status during operating base period; exclusion from benefits of facilities acquired after August 1, 1961; exceptions (b) Exclusion from benefits of domestic production for Government under defense pro. duction and stockpiling programs; reduc tion of annual and quarterly limitations b such domestic production.

(c) Quarterly limitations.

684. Regulations and reports. 685. Delegation of functions.

686. Definitions.

687. Termination date.

688. Reports to Congress.

689. Penalties; civil and criminal liability; eligibility of offenders and operators of leased facilities to benefits.

§ 681. Statement of purpose.

The Secretary of the Interior is authorized and directed to establish and maintain a program of stabilization payments to small domestic producers of lead and zinc ores and concentrates in order to stabilize the mining of lead and zinc by smal domestic procedures on public, Indian, and other lands as provided in this chapter. (Pub. L. 87-347, § 1, Oct. 3, 1961, 75 Stat. 766.)

§ 682. Stabilization payments.

(a) Conditions; assay of metal content.

Subject to the limitations of this chapter, the Secretary shall make stabilization payments to small domestic producers upon presentation of evidence satisfactory to him of their status as such producers and of the sale by them of newly mined ores, or concentrates produced therefrom, as provided in this chapter. Payments shall be made only with respect to the metal content as determined by assay. (b) Lead; market price determinative of right to payments; amount of payments.

Such payments shall be made to small domestic producers of lead as long as the market price for common lead at New York, New York, as determined by the Secretary, is below 142 cents per pound, and such payments shall be 75 per centum of the difference between 142 cents per pound and the average market price for the month in which the sale occurred as determined by the Secretary. (c) Zinc; market price determinative of right to payments; amount of payments.

Such payments shall be made to small domestic producers of zinc as long as the market price for prime western zinc at East Saint Louis, Illinois, as determined by the Secretary, is below 141⁄2 cents per pound, and such payments shall be 55 per centum of the difference between 141⁄2 cents per pound and the average market price for the month in which the sale occurred as determined by the Secretary.

(d) Dollar limitation on payments for calendar years 1962-1965.

The maximum amount of payments which may be made pursuant to this chapter on account of sales of newly mined ores or concentrates produced therefrom made during the calendar year 1962 shall not exceed $4,500,000; the maximum amount of such payments which may be made on account of such sales made during the calendar year 1963 shall not exceed $4,500,000; the maximum amount of such payments which may be made on account of such sales made during the calendar year 1964 shall not exceed $4,000,000; and the maximum amount of such payments which may be made on account of such sales made during the calendar year 1965 shall not exceed $3,500,000. (Pub. L. 87347, § 2, Oct. 3, 1961, 75 Stat. 766.)

§ 683. Additional limitations on payments for calendar years 1962-1965.

(a) Tonnage limitation; maximum production during calendar year of base period; operating unit status during operating base period; exclusion from benefits of facilities acquired after August 1, 1961; exceptions.

Subject to the provisions of subsection (b) and subsection (c) of this section, no stablization payments under this chapter shall be made to any small domestic producer on sales, or further processing in lieu of sales, in the twelve-month period ending December 31, 1962, in excess of one thousand five hundred tons of zinc and one thousand five hundred tons of lead; or in the twelve-month period ending December 31, 1963, in excess of one thousand two hundred tons of zinc and one thousand two hundred tons of lead; or in the twelve

§ 686. Definitions.

month period ending December 31, 1964, in excess of nine hundred tons of zinc and nine hundred tons of lead; and in the twelve-month period ending December 31, 1965, in excess of six hundred tons of zinc and six hundred tons of lead, subject to the further limitation that no producer may be paid in any such calendar year for an amount in excess of his maximum production during any calendar year between January 1, 1950, and December 31, 1960. Payments shall be made only with respect to ores and concentrates produced from an operating unit which was operated during the whole or some part of the period January 1, 1956, to August 1, 1961. No payments shall be made on any production from any property acquired by sale, lease, permit, or otherwise (except devise or inheritance) subsequent to August 1, 1961: Provided, however, That any person or firm acquiring a property by sale, lease, permit, or otherwise may qualify as a small domestic producer if such person or firm produced ores or concentrates from a mine specified in a lease, permit, or contract during the whole or some part of the period January 1, 1956, to August 1, 1961. (b) Exclusion from benefits of domestic production

for Government under defense production and stockpiling programs; reduction of annual and quarterly limitations by such domestic production. No stabilization payments under this chapter shall be made on any domestically produced material which is sold to or eligible for sale to the United States Government, or any agency thereof, pursuant to a contract made under the provisions of the Defense Production Act of 1950, as amended, or the Strategic and Critical Materials Stockpiling Act. Any such material shall be applied to reduce the annual limitations specified in this section, and the quarterly limitations as fixed by the Secretary. (c) Quarterly limitations.

For purposes of administration the Secretary may fix quarterly limitations on the total amounts of each material on which stabilization payments are made for the purpose of achieving stabilization in the annual rates of production. (Pub. L. 87-347,

§ 3, Oct. 3, 1961, 75 Stat. 767.)

REFERENCES IN TEXT

The Defense Production Act of 1950, as amended, referred to in subsec. (b), is classified to section 2061 et seq. of Appendix to Title 50, War and National Defense.

The Strategic and Critical Materials Stockpiling Act, referred to in subsec. (b), is classified to section 98 et seq. of Title 50, War and National Defense.

§ 684. Regulations and reports.

The Secretary is authorized to establish and promulgate such regulations and require such reports as he deems necessary to carry out the purposes of this chapter, but such regulations shall assure equitable distribution of the benefits of the programs provided by this chapter among the small domestic producers affected. (Pub. L. 87-347, § 4, Oct. 3, 1961, 75 Stat. 767.)

§ 685. Delegation of functions.

The Secretary may delegate any of the functions authorized by this chapter to the Administrator of General Services. (Pub. L. 87-347, § 5, Oct. 3, 1961, 75 Stat. 768.)

(a) For the purposes of this chapter(1) The term "Secretary" means the Secretary of the Interior.

(2) The term "small domestic producer" means any person or firm engaged in producing ores or concentrates from mines located within the United States or its possessions and in selling the material so produced in normal commercial channels who, during any twelve-month period between January 1, 1956, and the first day of the period for which he seeks payments under this chapter, has not produced or sold ores or cencentrates the recoverable content of which is more than three thousand tons of lead and zinc combined, recoverable content being computed as 95 per centum of the lead content of the ores or concentrates and 85 per centum of the zinc content of the ores or concentrates: Provided, That the principal product or products of such producer is either lead or zinc or a combination of lead and zinc.

(3) The term "sale" means a bona fide transfer for value of ores and concentrates from a producer to a processing plant. In the event that a producer further processes ores or concentrates, a sale shall be deemed to have occurred when such ores or concentrates are shipped to the processing plant.

(4) The term "newly mined" means domestic material processed into concentrates or severed from the land subsequent to October 3, 1961, but shall not exclude normal inventories of crude ore. The term does not refer to material recovered from mine dumps, mill tailings, or from smelter slags and residues derived from material mined prior to October 3, 1961.

(5) The term "quarter" means the calendar periods commencing on the first day of the months of January, April, July, and October.

(6) The term "principal product or products" means that the dollar value of lead or zinc sold or the combination of lead and zinc sold must have been 50 per centum or more of the total dollar value of all minerals and metals contained in the ores and concentrates produced and sold by the small domestic producer, calculated on the basis of the product of the total metal and mineral content of the ores and concentrates sold, as determined from the settlement assays, and the quoted market prices of those metals or minerals at the time of the sale.

(b) For the purposes of this chapter, the Secretary may determine what constitutes a single operating unit producing ores and, in the event that more than one producer claims payment for sales from production of a single operating unit, the Secretary may determine the quantity of sales for each such producer to which the above limitations apply.

(c) For purposes of this chapter, sales of concentrates produced from ores sold to a mill or processing plant in accordance with regulations issued pursuant to this chapter shall not be considered as the sales of the owner of the mill, but shall be