§ 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. (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 5703 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 provisions of section 1914 of title 18, or, except with respect to a particular matter which directly involves the Office of Coal Research or in which the Office of Coal Research is directly interested, to the provisions of sections 281, 283, or 284 of title 18 or of section 190 of the Revised Statutes (5 U.S.C. 99). (Pub. L. 86-599, § 3, July 7, 1960, 74 Stat. 336.) REFERENCES IN TEXT Section 190 of the Revised Statutes, referred to in subsec. (d), was repealed by Pub. L. 87-849, § 3, Oct. 23, 1962, 76 Stat. 1126. See section 207 of Title 18, Crimes and Criminal Procedure. Sections 281, 283, 284, and 1914 of title 18, referred to in subsec. (d), were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, "Except as they [sections 281 and 283] may apply to retired officers of the armed forces of the United States)", and were supplanted by sections 203, 205, 207, and 209, respectively, of Title 18. For further details, see Exemptions note set out under section 281 of Title 18. CODIFICATION "Section 5703 of title 5" was substituted for "section 73b-2 of title 5", in subsec. (c), on authority of Pub. L. 89-554, § 7(b), Sept, 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. TRANSFER OF FUNCTIONS See note set out under section 661 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the twoyear period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the two-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such twoyear period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, set out in the Appendix to Title 5, Government Organization and Employees. § 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 chapter 51 and subchapter III of chapter 53 of title 5. (Pub. L. 86-599, § 4 (part), July 7, 1960, 74 Stat. 336.) REFERENCES IN TEXT The civil service laws, referred to in text, are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of that title. CODIFICATION "Chapter 51 and subchapter III of chapter 53 of title 5" was substituted for "the Classification Act of 1949, as amended" on authority of Pub. L. 89-554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. TRANSFER OF FUNCTIONS See note set out under section 661 of this title. 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. 87-367, 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 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 (see chapter 51 of Title 5, Government Organization and Employees). § 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.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 35 section 210. § 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. Authorization of appropriations (a) Fiscal year beginning July 1, 1960 There is hereby 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) Fiscal years beginning after June 30, 1961 There are hereby 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) Availability of sums 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 Sec. 681. 682. 683. 684. 685. 686. 687. 688. 689. Statement of purpose. (a) Conditions; assay of metal content. (c) Zinc; market price determinative of (d) Dollar limitation on payments. Additional limitations on payments. (a) Tonnage limitations. (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. (c) Quarterly limitations. Regulations and reports. Delegation of functions. Definitions. Termination date. Reports to Congress. Penalties; civil and criminal liability. § 681. Statement of purpose The Secretary of the Interior is hereby 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 small 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 14 cents per pound, and such payments shall be 75 per centum of the difference between 14 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 142 cents per pound, and such payments shall be 55 per centum of the difference between 14% 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 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 any calendar year shall not exceed $2,500,000. (Pub. L. 87-347, § 2, Oct. 3, 1961, 75 Stat. 766; Pub. L. 89-238, § 1(1), Oct. 5, 1965, 79 Stat. 925.) AMENDMENTS 1965-Subsec. (d). Pub. L. 89-238 substituted provisions setting a limit of $2,500,000 on payments made on account of sales of newly mined ores or concentrates during any calendar year, for provisions which set specified limits of $4,500,000 for 1962 and 1963, $4,000,000 for 1964, and $3,500,000 for 1965. EFFECTIVE DATE of 1965 AMENDMENT Section 2 of Pub. L. 89-238 provided that: "The amendments of the Act of October 3, 1961, as amended, which are contained in section 1 of this Act [amending sections 682, 683, 686, 687, and 689 of this title] shall be effective on January 1, 1966.” § 683. Additional limitations on payments (a) Tonnage limitations Subject to the provisions of subsections (b) and (c) of this section, no stabilization payments under this chapter shall be made to any small domestic producer on sales, or further processing in lieu of sales, in any calendar year in excess of one thousand two hundred tons of zinc and one thousand two hundred tons of lead. (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 [50 U.S.C., App., 2061 et seq.), or the Strategic and Critical Materials Stockpiling Act [50 U.S.C. 98 et seq.]. 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; Pub. L. 89-238, § 1(2), Oct. 5, 1965, 79 Stat. 925.) REFERENCES IN TEXT The Defense Production Act of 1950, referred to in subsec. (b), is act Sept. 8, 1950, ch. 952, 64 Stat. 798, as amended, which is classified to section 2061 et seq. of Title 50, App., War and National Defense. For complete classification of this Act to the Code, see section 2061 of Title 50, App., and Tables. The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (b), is act June 7, 1939, ch. 190, as revised generally by Pub. L. 96-41, § 2(a), July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (§ 98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables. AMENDMENTS 1965-Subsec. (a). Pub. L. 89-238 substituted a general prohibition against making of stabilization payments in any calendar year to any small domestic producer on sales or further processing in lieu of sales, in excess of one thousand two hundred tons of zinc and one thousand two hundred tons of lead, for provisions setting individual tonnage limitations for 1962, 1963, 1964 and 1965, limiting payments to ores and concentrates produced from an operating unit which was operated between Jan. 1, 1956 and Aug. 1, 1961, and prohibiting payments on production from properties acquired by sale, lease, permit, or otherwise, with certain qualifications, subsequent to August 1, 1961. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-238 effective on January 1, 1966, see section 2 of Pub. L. 89-238, set out as a note under section 682 of this title. § 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.) § 686. Definitions (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 who, during a period of not less than twelve 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 in normal commercial channels and who, during any twelve-month period between January 1, 1960, and the first day of the period for which he seeks payments under this chapter, has not produced or sold ores or concentrates 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. The term "small domestic producer" does not include any firm which is a subsidiary of, or controlled by, a large producer. (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 considered as the sales of the small domestic producer of the ores. (Pub. L. 87-347, § 6, Oct. 3, 1961, 75 Stat. 768; Pub. L. 88-75, July 25, 1963, 77 Stat. 92; Pub. L. 89-238, § 1(3), Oct. 5, 1965, 79 Stat. 925.) AMENDMENTS 1965-Subsec. (a)(2). Pub. L. 89-238 limited the definition of "small domestic producer” by requiring that such person have engaged in producing ores and concentrates from mines located within the United States or its possessions and in selling the materials so produced in normal commercial channels over a period of twelve months, substituted January 1, 1960 for January 1, 1956, and added the proviso that the term not include any firm which is a subsidiary of, or controlled by, a large producer. 1963-Subsec. (a). Pub. L. 88-75 inserted the proviso that the principal product of such producer be either lead or zinc or a combination of both in par. (2), and added par. (6). EFFECTIVE Date of 1965 AMENDMENT Amendment by Pub. L. 89-238 effective on Jan. 1, 1966, see section 2 of Pub. L. 89-238, set out as a note under section 682 of this title. § 687. Termination date No payment shall be made under this chapter on any ores or concentrates sold, or processed in lieu of sale, after December 31, 1969; but authorized payment shall be made only if application therefor is filed not later than March 31, 1970, in accordance with regulations established by the Secretary. (Pub. L. 87-347, § 7, Oct. 3, 1961, 75 Stat. 768; Pub. L. 89-238, § 1(4), Oct. 5, 1965, 79 Stat. 925.) AMENDMENTS gress of the United States. Any such report shall contain such recommendations as the Secretary may deem appropriate. (Pub. L. 87-347, § 8, Oct. 3, 1961, 75 Stat. 768.) § 689. Penalties; civil and criminal liability (a) Whoever, for the purpose of procuring a payment to which he is not entitled under this chapter and the regulations issued pursuant thereto or for the purpose of assisting another to procure a payment to which the other is not entitled under this chapter and the regulations issued pursuant thereto, misrepresents any material fact, knowing the same to be false, fictitious, or fraudulent, shall be guilty of an offense against the United States and shall be fined not more than $5,000 or imprisoned not more than two years, or both, and shall thenceforth be entitled to no benefits under this chapter. (b) Whoever accepts a payment under this chapter to which, or any portion of which, he is not entitled, knowing that he is not entitled thereto or whoever, having accepted a payment under this chapter to which, or any portion of which, he is not entitled, retains the same, knowing that he is not entitled thereto, shall be required, in a civil action instituted by the Attorney General, to refund treble the amount accepted or retained by him. The acceptance or retention of any payment as aforesaid shall also constitute an offense against the United States punishable by a fine of not more than $5,000 or imprisonment for not more than two years, or both, and any person who shall be convicted of such offense shall thenceforth be entitled to no benefits under this chapter. (Pub. L. 87-347, § 9, Oct. 3, 1961, 75 Stat. 768; Pub. L. 89-238, § 1(5), Oct. 5, 1965, 79 Stat. 925.) AMENDMENTS 1965-Subsec. (c). Pub. L. 89-238 deleted subsec. (c) which removed the eligibility of producers operating under a lease, contract, or permit obtained after Oct. 3, 1961, from another producer of lead and zinc who has placed a larger portion of his mining properties under lease, contract, or permit to other producers than he had placed at his highest production level since Jan. 1, 1956, to Oct. 3, 1961. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-238 effective on Jan. 1, 1966, see section 2 of Pub. L. 89-238, set out as a note under section 682 of this title. CHAPTER 20-CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS § 701. Authorization to convey; acreage limitations; qualified applicants; payment; “qualified officer of the United States" defined The Secretary of the Interior may convey to any occupant of an unpatented mining claim which is determined by the Secretary to be invalid an interest, up to and including a fee simple, in and to an area within the claim of not more than (a) five acres or (b) the acreage actually occupied by him, whichever is less. The Secretary may make a like conveyance to any occupant of an unpatented mining claim who, after notice from a qualified officer of the United States that the claim is believed to be invalid, relinquishes to the United States all rights in and to such claim which he may have under the mining laws. Any conveyance authorized by this section, however, shall be made only to a qualified applicant, as that term is defined in section 702 of this title, who applies therefor within the period ending June 30, 1971, and upon payment of an amount established in accordance with section 705 of this title. As used in this section, the term “qualified officer of the United States" means the Secretary of the Interior or an employee of the Department of the Interior so designated by him: Provided, That the Secretary may delegate his authority to designate qualified officers to the head of any other department or agency of the United States with respect to lands within the administrative jurisdiction of that department or agency. (Pub. L. 87-851, § 1, Oct. 23, 1962, 76 Stat. 1127; Pub. L. 90-111, § 1, Oct. 23, 1967, 81 Stat. 311.) REFERENCES IN TEXT The mining laws, referred to in text, are classified generally to this title. AMENDMENTS 1967-Pub. L. 90-111 extended from Oct. 23, 1967, to June 30, 1971, the period in which qualified individuals shall apply for conveyances authorized by this section. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 703, 704, 706 of this title. § 702. "Qualified applicant" defined For the purposes of this chapter a qualified applicant is a residential occupant-owner, as of October 23, 1962, of valuable improvements in an unpatented mining claim which constitute for him a principal place of residence and which he and his predecessors in interest were in possession of for not less than seven years prior to July 23, 1962. (Pub. L. 87-851, § 2, Oct. 23, 1962, 76 Stat. 1127.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 701 of this title. § 703. Withdrawal of lands in aid of a governmental unit Where the lands for which application is made under section 701 of this title have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior, or of a State, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may convey an interest therein only with the consent of the head of the governmental unit concerned and under such terms and conditions as said head may deem necessary. (Pub. L. 87-851, § 3, Oct. 23, 1962, 76 Stat. 1127.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 704 of this title. § 704. Purchase of substitute lands; limitations; conditions; payment; conveyance of less than a fee (a) If the Secretary of the Interior determines that conveyance of an interest under section 701 of this title is otherwise justified but the consent required by section 703 of this title is not given, he may, in accordance with such procedural rules and regulations as he may prescribe, grant the applicant a right to purchase, for residential use, an interest in another tract of land, five acres or less in area, from tracts made available by him for sale under this chapter (1) from the unappropriated and unreserved lands of the United States, or (2) from lands subject to classification under section 315f of title 43. Said right shall not be granted until arrangements satisfactory to the Secretary have been made for termination of the applicant's occupancy of his unpatented mining claim and for settlement of any liability for the unauthorized use thereof which may have been incurred and shall expire five years from the date on which it was granted unless sooner exercised. The amount to be paid for the interest shall be determined in accordance with section 705 of this title. (b) Any conveyance of less than a fee made under this chapter shall include provision for removal from the tract of any improvements or other property of the applicant at the close of the period for which the conveyance is made, or if it be an interest terminating on the death of the applicant, within one year thereafter. (Pub. L. 87-851, § 4, Oct. 23, 1962, 76 Stat. 1127.) § 705. Purchase price of conveyed interest; installment payments The Secretary of the Interior, prior to any conveyance under this chapter, shall determine the fair market value of the interest to be conveyed, exclusive of the value of any improvements placed on the lands involved by the applicant or his predecessors in interest. Said value shall be determined as of the date of appraisal. In establishing the purchase price to be paid by the applicant for the interest, the Secretary shall take into consideration any equities of the applicant and his predecessors in interest, including conditions of prior use and occupancy. In any event the purchase price for any |