101-14.102-3 Holding agency. 101-14.102-4 Strategic materials. 101-14.103 Reports of excess to GSA. 101-14.103-1 General requirements of reporting. 101-14.103-2 Less than minimum specified 101-14.103-3 Contractor inventory. 101-14.104 Transfers to the stockpile. 101-14.104-2 Unsuitable items. : 101-14.104-4 Reimbursements. 101-14.105 Materials not transferred to the stockpile. 101-14.106 List of strategic and critical ma terials to be reported to the Property Management and Disposal Service, GSA. Subpart 101-14.2-Transfer of Excess Strategic and Critical Materials from General Services Administration Inventories for Direct Government Use 101-14.200 Scope of subpart. * 101-14.201 Purpose and authority. 101-14.202 Background. 101-14.203 Materials available. #101-14.204 Reimbursement. 101-14.205 Requests for transfers. AUTHORITY: Sec. 6, 53 Stat. 812, as amended, 50 U.S.C. 98e; sec. 205(c), 63 Stat. 390, 40 EU.S.C. 486(c); sec. 704, 64 Stat. 816, as amended, 50 U.S.C. App. 2154; E.O. 10480, 18 FR 4939, 3 CFR, 1949-1953 Comp., p. 962, as amended; DMO 8600.1, 29 FR 5076. § 101-14.000 Scope of part. This part deals with strategic, criti-cal, and other raw and basic materials =required for the national stockpile, and materials which are excess to the requirements for the national stockpile. [29 FR 15599, Nov. 20, 1964] Subpart 101-14.1-Transfer of Excess Strategic and Critical Materials to the National Stockpile SOURCE: 29 FR 15599, Nov. 20, 1964, unless otherwise noted. § 101-14.100 Scope of subpart. This subpart deals with the transfer of excess strategic and critical materials to the national stockpile. § 101-14.101 Purpose and authority. This subpart restates the policy and procedures for the transfer to the national stockpile of excess materials which are strategic and critical. § 101-14.102 Definitions. As used in this subpart, terms shall have the meanings described in this section. § 101-14.102-1 Agency. "Agency" means any agency of the United States, including any executive department or independent establishment in the executive branch of the Government, any wholly owned Government corporation, and any establishment in the legislative or judicial branch of the Government. § 101-14.102-2 Excess. "Excess," with respect to strategic materials, means any such materials under the control of any agency which are not required for its needs and the discharge of its responsibilities, as determined by the head thereof. § 101-14.102-3 Holding agency. "Holding agency" means any agency having the control of strategic materials. § 101-14.102-4 Strategic materials. "Strategic materials" means materials determined to be strategic and critical by the Office of Emergency Preparedness pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-98h). [34 FR 16544, Oct. 16, 1969] § 101-14.103 Reports of excess to GSA. § 101-14.103-1 General requirements of reporting. Subject to the minimum quantity requirements specified in GSA bulletins issued by the Commissioner, Property Management and Disposal Service (see § 101-14.106), and except as hereinafter provided, all strategic materials listed, when determined to be excess, shall be reported by the holding agency to the General Services Administration, Property Management and Disposal Service, Washington, D.C. 20405, which will determine whether they shall be transferred to GSA for stockpiling. (a) Upon determination that such materials are excess, the holding agency will give advance notification to GSA by letter showing the location and quantity and describing the material in sufficient detail as to chemical or other composition, specification, size, etc., to indicate the nature of each strategic material. Complete purchase specifications or material content analyses shall be included whenever available. (b) GSA will review the advance notification letter from the holding agency and if GSA decides that the material appears to conform to stockpile requirements and is needed for stockpile objectives, it will furnish the holding agency with complete reporting instructions, pursuant to which the holding agency shall submit a report on Standard Form 125, Report of Strategic and Critical Materials. [29 FR 15599, Nov. 20, 1964, as amended at 34 FR 16544, Oct. 16, 1969] § 101-14.103-2 Less than minimum specified quantities. Each holding agency having excess strategic materials at any one location in lots less than the minimum quantities specified in GSA bulletins issued by the Commissioner, Property Management and Disposal Service (see § 101-14.106), shall retain such materials until the specified minimum is accumulated and thereafter shall report such materials to the Property Man agement and Disposal Service as required by this Subpart 101-14.1. However, if the holding agency determines that there is no reasonable prospect of accumulating within 12 months the minimum quantities required to be reported by this Subpart 101-14.1, the excess material shall be handled in accordance with the applicable provisions of Part 101-43. [34 FR 16544, Oct. 16, 1969] § 101-14.103-3 Contractor inventory. The requirements of this Subpart 101-14.1 shall not be applicable to strategic materials which are contractor inventory if the holding agency shall not have taken possession of such inventory. § 101-14.103-4 Industrial needs. The requirements of this Subpart 101-14.1 shall not be applicable to strategic materials which are necessary to make up any deficiency of the supply of such materials for the current needs of industry, as determined by the Secretary of Commerce. § 101-14.104 Transfers to the stockpile. § 101-14.104-1 General. Excess strategic materials reported under this Subpart 101-14.1 shall be transferred to the national stockpile following notification by GSA to the holding agency that such materials are acceptable and needed for the stockpile. § 101-14.104-2 Unsuitable items. If excess strategic materials reported under this Subpart 101-14.1 are unsuitable for stockpiling or cannot economically be converted to meet stockpile specifications, GSA will so advise the holding agency, and such materials shall not thereafter be subject to this Subpart 101-14.1. § 101-14.104-3 Withdrawals. Subject to the prior approval of GSA, holding agencies may withdraw materials reported under this Subpart 101-14.1, provided that such materials have not been theretofore transferred to the national stockpile. § 101-14.104-4 Reimbursements. Unless the holding agency elects to bear such expenses, all expenses of preparation for shipment, all shipping and conversion expenses and all expenses after the date of shipment (including transportation, maintenance, and storage) which are incident to the transfer hereunder of excess strategic materials to the national stockpile may be paid from funds appropriated pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98). Otherwise, transfers of excess strategic materials to the national stockpile shall be made without reimbursement or transfer of funds. § 101-14.105 Materials not transferred to the stockpile. Excess strategic materials in the following categories shall be handled in accordance with the applicable provisions of Part 101-43: (a) Materials which are reported pursuant to this Subpart 101-14.1 but are not transferred to the stockpile. (b) Materials which are not required to be reported pursuant to this Subpart 101-14.1. § 101-14.106 List of strategic and critical materials to be reported to the Property Management and Disposal Service, GSA. The Commissioner, Property Management and Disposal Service, periodically will issue to Federal agencies a revised GSA bulletin listing the materials and the quantities to which this subpart applies. Additional copies of the bulletin may be obtained upon written request to the General Services Administration, Property Management and Disposal Service, Washington, D.C. 20405. [34 FR 16544, Oct. 16, 1969] Subpart 101-14.2-Transfer of Excess Strategic and Critical Materials From General Services Administration Inventories for Direct Government Use SOURCE: 34 FR 16545, Oct. 16, 1969, unless otherwise noted. § 101-14.200 Scope of subpart. This subpart deals with the transfer of excess strategic and critical materials from General Services Administration inventories for direct Government use. § 101-14.201 Purpose and authority. This subpart restates the policy and procedures for the transfer of excess strategic and critical materials in the inventories of the General Services Administration to Federal agencies for their direct use. § 101-14.202 Background. On January 30, 1963, the President approved a report submitted by the Executive Stockpile Committee containing recommendations for the longrange disposal of excess stockpile materials. Recommendation No. 7 of that report reads as follows: "Federal agencies should continue to purchase their direct needs for surplus stockpile materials from the General Services Administration." "Direct Government use" means use in a Governmentowned and operated facility and may include the actual consumption of the material in a Government-owned facility which is operated by a contractor for the Government. Examples of direct Government use are lead to the Department of Defense for ordnance plants, ammunition plants, and Navy Yards, and magnesium to Atomic Energy Commission plants. To the same effect is section 3p of Defense Mobilization Order 8600.1A, which reads in part as follows: "Government agencies which directly use strategic and critical materials shall fulfill their requirements through the use of materials in Government inventories that are excess to the needs thereof whenever such action is found to be consistent with overall disposal policies and with the best interests of the Government." § 101-14.203 Materials available. (a) The Commissioner, Property Management and Disposal Service, periodically will issue to Federal agencies a GSA bulletin listing the excess materials available for transfer. The bulletin will be revised as excess materials become available or as available supplies of excess materials become exhausted. Additional copies of the bulletin may be obtained upon written request to the General Services Administration, Property Management and Disposal Service, Washington, D.C. 20405. (b) All of the materials will be available at storage depots in the continental United States. (c) The Property Management and Disposal Service reserves the right to fix the minimum quantity that may be released on a single order. § 101-14.204 Reimbursement. Reimbursement to the General Services Administration will be at the price established by GSA in the normal course of its disposal operations. Consideration will be given to quantity, quality, and other relevant factors. § 101-14.205 Requests for transfers. Federal agencies are urged to screen the materials list contained in the bulletin against their requirements and to advise GSA promptly of their needs. Requests for information concerning transfer of any excess materials in GSA inventories should be made to the General Services Administration, Property Management and Disposal Service, Washington, D.C. 20405. Sec. 101-15.103 Duration of the program. 101-15.104 Participation in the program. 101-15.105 Stabilization in the program. 101-15.106 Limitations on individual producers and properties. 101-15.107 General limitations. 101-15.108 Reports and inspections. 101-15.109 Access to books and records. 101-15.110 Modifications of benefits. 101-15.111 Criminal and civil penalties. Subparts 101–15.2—101–15.48 [Reserved] Subpart 101-15.49-Forms 101-15.4900 Scope of subpart. 101-15.4901 GSA Form 1776, Application for Participation in the Lead and Zinc Mining Stabilization Program. 101-15.4902 GSA Form 1777, Certification of Participation in the Lead and Zinc Mining Stabilization Program. 101-15.4903 GSA Form 1778, Request for Payment in the Lead and Zinc Mining Stabilization program. AUTHORITY: Secs. 4, 5, 75 Stat. 767, 768, as amended; 30 U.S.C. 684, 685; delegation of the Secretary of the Interior, 27 FR 3822. SOURCE: 31 FR 7752, June 1, 1966, unless otherwise noted. Subpart 101-15.1—Stabilization Payments to Small Domestic Producers § 101-15.101 Basis and purpose. The regulations in this Part 101-15 implement Pub. L. 87-347, 30 U.S.C. 684, 685, as amended, which authorizes the establishment and maintenance of 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 such producers on public, Indian. and other lands. Pursuant to this Act. and the delegation of authority from the Secretary of the Interior dated April 19, 1962, and published in the FEDERAL REGISTER (27 FR 3822, Apr. 20, 1962), the Administrator of General Services is authorized to make stabilization payments and to establish and promulgate such regulations and to require such reports as he deems necessary to carry out the purposes of the Act and to assure equitable distribution of the benefits provided for by the Act among the small domestic producers affected. The Administrator of General Services will make such stabi lization payments in accordance with the Act and the regulations in this Part 101-15. § 101-15.102 Definitions. As used in this subpart, terms shall have the meanings described in this section. $101-15.102-1 Act. "Act" means the Act of Congress approved October 3, 1961, Pub. L. 87-347, 30 U.S.C. 681, as amended. § 101-15.102-2 Administrator. "Administrator" means the Administrator of General Services or his duly authorized representative. § 101-15.102-3 Normal inventory of crude ore. "Normal inventory of crude ore" means the quantity of broken ore on hand at the surface of a mine on October 5, 1965, but not in excess of a quantity which bears a reasonable relation to the quantities of such material customarily maintained during any calendar year between January 1, 1960, and the first day of the period for which he seeks payment. § 101-15.102-4 Newly mined ore or concentrates. "Newly mined ore or concentrates" means domestic ores severed from the land, or concentrates produced from such domestic ores, subsequent to October 5, 1965, including a normal inventory of crude ore as defined in § 101-15.102-3. The term does not refer to material recovered from mine dumps, mill tailings, smelter slags, or residues derived from the ore mined prior to October 5, 1965, or to secondary or salvage material, or to any ores or concentrates which have been commingled with such materials. § 101-15.102-5 Operating unit. "Operating unit" means a mine or group of mines, or portions of either, which the Administrator determines, on the basis of cost and operating records or other available data, are being operated as a single unit separate and apart from other units in the same area. § 101-15.102-6 Principal product or products. 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. § 101-15.102-7 Quarter. "Quarter" means a 3-month period commencing on the first day of January, April, July, or October. § 101-15.102-8 Recoverable content. "Recoverable content" means 95 percent of the lead content of the ores or concentrates and 85 percent of the zinc content of the ores or concentrates as determined by assay. § 101-15.102-9 Sale. "Sale" means a bona fide transfer for value of ores or concentrates from a producer to a processor, which shall be deemed to have occurred not later than the date of receipt of the material by the processor. If a producer smelts or refines his own ores or concentrates, a sale shall be deemed to have occurred when such ores or concentrates are received at his smelter or refinery. A sale of concentrates produced from ores sold to a processing plant by a small domestic producer in accordance with the regulations in this Part 101-15 shall not be considered as a sale by the owner of the processing plant, but shall be considered as a sale by such producer. § 101-15.102-10 Small domestic producer. The term "small domestic producer" means any person or firm who, during a period of not less than 12 months, has engaged in producing ores or concentrates from mines located within the United States or its possessions and in selling the material so produced |