SEC. 303. Any funds received on account of sales under the provisions of this title shall be covered into the Treasury as miscellaneous receipts.

TITLE IV-BERYL AND COLUMBIUM-TANTALUM

SEC. 401. The Secretary of the Interior is hereby authorized and directed, in order to assure the continuation of production of certain essential minerals within the United States, its Territories and possessions, to establish and maintain a program of payments to domestic producers of those minerals listed in section 402 of this title, within the limits therein contained, as an incentive for the production of such minerals.

SEC. 402. (a) The production incentive payments authorized by this title shall be made for beryl and columbium-tantalum concentrates mined from deposits located within the United States, its Territories and possessions, in the amounts and subject to limitations herein specified:

(1) For beryl concentrates (10 percent BeO basis), $70 per short ton, with premiums and penalties as set forth in the regulations issued pursuant to section 404 of this title, for not to exceed an aggregate of one thousand short tons annually. No incentive payment shall be made in the calendar year on a quantity in excess of one hundred and fifty short tons produced by any one producer and orginating in any one mining district from properties controlled by such producer.

(2) For commercially acceptable columbium-tantalum concentrates (basis 50 percent contained combined pentoxides), $2.35 per pound, with ratios of Ta2OCb2O5, premiums and penalties as set forth in regulations issued pursuant to section 404 of this title, for not to exceed an aggregate of fifty thousand pounds annually. No incentive payment shall be made in a calendar year on a quantity in excess of ten thousand pounds produced by any one producer and originating in any one mining district from properties controlled by such producer.

(b) No payment shall be made under this title for any material produced prior to the date of initiation of the programs authorized herein. The incentive payment programs shall be initiated upon termination of existing purchase programs of the Federal Government for these materials, respectively, under authority of the Defense Production Act of 1950 (64 Stat. 798), as amended; and the Domestic Tungsten, Asbestos, Fluorspar, and Columbium-Tantalum Production and Purchase Act of 1956 (70 Stat. 579).

(c) No incentive payment shall be made pursuant to the provisions of this title except upon presentation of evidence satisfactory to the Secretary that the material has been produced and sold in accordance with regulations issued under section 404 of this title.

SEC. 403. The Secretary of the Interior may delegate any of the functions conferred upon him by this title.

SEC. 404. The Secretary of the Interior is authorized to issue such rules and regulations as he deems necessary and appropriate to carry out the provisions of this title.

SEC. 405. The Secretary of the Interior is authorized and directed to present to the Congress, through the President, within two years from the date of this Act, a report containing a review and evaluation of the operations of the programs authorized in this title, together with his recommendations regarding the need for the continuation of the programs and such amendments to this title as he deems to be desirable.

TITLE V-LEAD, ZINC, FLUORSPAR, AND TUNGSTEN

SEC. 501. (a) The Secretary of the Interior shall provide for stabilization payments to producers of ores or concentrates of lead, zinc, acid-grade fluorspar (fluorspar containing 97 per centum or more calcium fluoride on a dry weight basis), and tungsten trioxide produced from domestic mines, as provided in this title.

(b) Upon presentation of evidence satisfactory to the Secretary of a sale of newly mined ores, or concentrates produced therefrom, of lead, zinc, acidgrade fluorspar, and tungsten trioxide, the producer of such ores or concentrates shall be paid (if the market price of the material producible therefrom at the time of the sale was less than the stabilization price set forth hereinafter), an amount equal to but not exceeding the difference between the amount actually received by the producer from the sale and an amount, as determined by the Secretary, which the producer would have received for such ores and concen

trates had the market price of the material producible therefrom at the time of sale been equal to the stabilization price as shown in the following schedule:

MATERIAL STABILIZATION PRICE

Lead (common), 151⁄2 cents per pound, New York, New York.

Zinc (prime western), 132 cents per pound, East Saint Louis, Illinois. Fluorspar (acid grade), $53 per short ton, free on board point of shipment. Tungsten trioxide, $36 per short ton unit, free on board shipping point.

(c) If a producer further processes such ores or concentrates without effecting a sale, the equivalent and competitive market value of such ores or concentrates, as determined by the Secretary, at the time of transfer for further processing shall be used in lieu of the amount which would have been received in the case of a sale, for the purpose of computing payments.

SEC. 502. (a) Subject to the provisions of subsection (b) of this section, no stabilization payments under this title shall be made on sales, or further processing in lieu of sales, for any one year with respect to any production the recoverable content of which is in excess of the following annual limitations: (1) Three hundred and fifty thousand tons of lead;

(2) Five hundred and fifty thousand tons of zinc;

(3) One hundred and eighty thousand tons of acid-grade fluorspar;

(4) Three hundred and seventy-five thousand short-ton units of tungsten trioxide.

(b) 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, the Strategic and Critical Materials Stockpiling Act, or the Domestic Tungsten, Asbestos, Fluorspar, and Columbium-Tantalum Production and Purchase Act of 1956. Any such material shall be applied to reduce the annual limitations specified in this section, and the quarterly limitations as fixed by the Secretary.

SEC. 503. (a) 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.

(b) Where sales of any material exceed such quarterly limitations, the Secretary may adjust stabilization payments to producers for that quarter so as to distribute the benefits of the program equitably among the producers, but stabilization payments shall not be denied on any sales of any producer during such quarter which sales did not exceed the following quantities: Lead, one thousand two hundred and fifty tons; zinc, one thousand two hundred and fifty tons; fluorspar (acid grade), one thousand two hundred and fifty tons; and tungsten trioxide, three thousand short-ton units.

(c) Whenever the total production from domestic mines of any of the minerals to which this title applies exceeds the quarterly limitation in any one quarter, the Secretary may establish, for succeeding quarters, limitations on the quantities for each producer that will be eligible for stabilization payments, but no producer shall have a quarterly limitation for any mineral less than the quantity set forth for that mineral in the preceding subsection.

SEC. 504. (a) In the case of tungsten trioxide, stabilization payments on the sales of any one producer shall be limited to fifteen thousand short-ton units per quarter from production originating in any one mining district: Provided, That in the event eligible sales from newly mined production is less than the quarterly limitation for this material, as established by the Secretary, the Secretary, at his option and under regulations issued pursuant to this Act, may make stabilization payments on sales of tungsten ores and concentrates from the inventory of producers which were produced after July 1, 1956, but prior to the effective date of this title. In no event shall payments on sales from such inventories exceed an aggregate of twenty-five thousand short-ton units to any one producer from production originating in any one mining district, nor shall payments on sales from such inventories, together with sales from newly mined production, exceed in any quarter an aggregate of fifteen thousand short-ton units for any one producer from production originating in any one mining district.

SEC. 505. No stabilization payment made under this title on the recoverable content of any ores or concentrates shall exceed the following: Lead, 3.9 cents per

pound; zinc, 2.9 cents per pound; fluorspar (acid grade), $13 per short ton; and tungsten trioxide, $18 per short-ton unit of WO3.

SEC. 506. The provisions of this title shall take effect on the first day of the first quarter next following the date of enactment of this Act and shall terminate on June 30, 1963.

TITLE VI-SMALL PRODUCER PAYMENTS

SEC. 601. (a) In addition to any payments under title V of this Act, the Secretary shall make limited tonnage payments, upon presentation of evidence satisfactory to him of a sale of newly mined ores, or concentrates produced therefrom, as provided in this section.

(b) (1) Such payments shall be made to producers of lead, as follows:

(A) As long as the market price for common lead at New York, New York, as determined by the Secretary is at or below 152 cents per pound, at the rate of 1.1250 cents per pound on not to exceed five hundred tons per quarter per producer; or

(B) As long as such market price is above 151⁄2 cents per pound but is below 17 cents per pound, at the rate provided in (A) reduced by an amount equal to 75 per centum of the amount by which such market price exceeds 152 cents per pound, on not to exceed five hundred tons per quarter per producer.

(2) No payment shall be made under the provisions of this section to producers of lead when such market price is equal to, or exceeds, 17 cents per pound.

(c) (1) Such payments shall be made to producers of zinc, as follows:

(A) As long as the market price per prime western zinc at East Saint Louis, Illinois, as determined by the Secretary, is at or below 131⁄2 cents per pound, at the rate of .5500 cent per pound on not to exceed five hundred tons per quarter per producer;

(B) As long as such market price is above 131⁄2 cents per pound, but is below 142 cents per pound, at the rate provided in the preceding clause (A) reduced by an amount equal to 55 per centum of the amount by which such market price exceeds 131⁄2 cents per pound, on not to exceed five hundred tons per quarter per producer.

(2) No payment shall be made under the provisions of this section to producers of zinc when such market price is equal to or exceeds 141⁄2 cents per pound. (d) Such payments shall be made to any producer of tungsten trioxide who has not sold more than two hundred and fifty units thereof during any quarter, at the rate of $4 per unit on the number of units sold by such producer in such quarter.

SEC. 602. The provisions of this title shall take effect on the first day of the first quarter next following the date of enactment of this Act, and shall terminate on June 30, 1963.

TITLE VII-COPPER

SEC. 701. The Secretary is hereby authorized and directed to establish and maintain a program to purchase not more than one hundred and fifty thousand short tons of refined copper produced from ores mined in the United States, its Territories, and possessions, of such types as he deems desirable meeting the same specifications for purchases of refined copper as are or may be in effect pursuant to the Strategic and Critical Materials Stockpiling Act. Such purchases shall be made at the market price, but not to exceed 271⁄2 cents per pound, delivered Connecticut Valley.

SEC. 702. All copper purchased pursuant to the authority of this title shall be turned over to the supplemental stockpile in accordance with the provisions of the Act of July 10, 1954 (Public Law 480, Eighty-third Congress (68 Stat. 454)), as amended.

SEC. 703. The provisions of this title shall take effect upon the date of enactment of this Act, and shall terminate on June 30, 1959.

TITLE VIII-GENERAL PROVISIONS

SEC. 801. The Secretary is hereby authorized to establish and promulgate such regulations and require such reports as he deems necessary to carry out the purposes of this Act, but such regulations shall assure equitable distribution of

the benefits of the programs provided by this Act throughout the domestic industries affected.

SEC. 802. The Secretary may delegate any of the functions authorized by this Act to the Administrator of General Services.

SEC. 803. (a) For the purposes of this Act-

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

(2) The term "producer" means any individual, partnership, corporation, or other legal entity engaged in producing ores or concentrates from domestic mines and in selling the material produced in normal commercial channels.

(3) The term "sale" means a bona fide transfer for value of ores and concentrates from a producer to a processing plant.

(4) The term "domestic mine" means any single operating unit producing ores from properties located within the United States, its Territories, or possessions, and operating in one State or mining district.

(5) The term "newly mined" means domestically mined material processed into concentrates or severed from the land subsequent to the date of enactment of this Act, 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 the date of enactment of this Act.

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

(b) For purposes of applying the limitations under sections 103 and 201 of this Act, the Secretary may determine what constitutes a mining district and 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 shall apply.

(c) For purposes of sections 103 and 201 of this Act, sales of concentrates produced from ores sold to a mill or processing plant in accordance with regulations issued pursuant to this Act shall not be considered as the sales of the owner of the mill, but shall be considered as the sales of the producer of the ores.

SEC. 804. In order to finance programs authorized under this Act, the Secretary is authorized and empowered to issue to the Secretary of the Treasury notes and obligations in an amount not exceeding $350,000,000 outstanding at any one time. Such notes and other obligations shall be in such forms and denominations, have such maturities, and be subject to such terms and conditions as may be prescribed by the Secretary, with the approval of the Secretary of the Treasury: Provided, That such notes and other obligations may be redeemed by the Secretary at his option before maturity in such manner as may be stipulated in such notes or other obligations. Such notes and other obligations shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the current average yield on outstanding marketable obligations of the United States as of the last day of the month preceding the issuance of such notes and other obligations. The Secretary of the Treasury is authorized to purchase any notes or other obligations issued by the Secretary hereunder and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberay Bond Act, as amended, and the purposes for which securities may be issued under such Act are extended to include any purchases of such notes and other obligations.

SEC. 805. No payment shall be made under titles V, VI, and VII of this Act after December 31, 1963.

SEC. 806. The Secretary shall make an annual report with respect to operations under this Act as soon as practicable after July 1 of each of the years 1959 to 1963 inclusive to the Committees on Interior and Insular Affairs and the Committees on Appropriations of the Senate and House of Representatives. Any such report shall contain such recommendations as the Secretary may deem appropriate.

SEC. 807. Any person who willfully violates any provision of this Act or any regulation issued under this Act shall upon conviction be fined not more than $10,000, or imprisoned for not more than ten years, or both.

[S. 4036, 85th Cong., 2d sess.]

AN ACT To stabilize production of copper, lead, zinc, acid-grade fluorspar, and tungsten from domestic mines

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Domestic Minerals Stabilization Act of 1958".

TITLE I

SEC. 101. (a) The Secretary of the Interior shall provide for stabilization payments to producers of ores or concentrates of lead, zinc, acid-grade fluorspar (fluorspar containing 97 per centum or more calcium fluoride on a dry weight basis), and tungsten trioxide produced from domestic mines, as provided in this title.

(b) Upon presentation of evidence satisfactory to the Secretary of a sale of newly mined domestic ores, or concentrates produced therefrom, of lead, zinc, acid-grade fluorspar, and tungsten trioxide, the producer of such ores or concentrates shall be paid (if the market price of the material produced therefrom at the time of the sale was less than the stabilization price set forth hereinafter) an amount equal to but not exceeding the difference between the amount actually received by the producer from the sale and an amount, as determined by the Secretary, which the producer would have received for such ores and concentrates had the market price of the material produced therefrom at the time of sale been equal to the stabilization price as shown in the following schedule:

MATERIAL STABILIZATION PRICE

Lead (common), 151⁄2 cents per pound, New York, New York.

Zinc (prime western), 132 cents per pound, East Saint Louis, Illinois. Fluorspar (acid-grade), $53 per short ton, free on board point of shipment. Tungsten trioxide, $36 per short ton unit, free on board shipping point. (c) If a producer further processes such ores or concentrates without effecting a sale, the equivalent and competitive market value of such ores or concentrates, as determined by the Secretary, at the time of such further processing shall be used in lieu of the amount which would have been received in the case of a sale, for the purpose of computing payments.

SEC. 102. (a) Subject to the provisions of subsection (b) of this section, no stabilization payments under this title shall be made on sales, or further processing in lieu of sales, for any one year with respect to any production the recoverable content of which is in excess of the following annual limitations:

(1) Three hundred and fifty thousand tons of lead;

(2) Five hudred and fifty thousand tons of zinc ;

(3) One hundred and eighty thousand tons of acid grade fluorspar;

(4) Three hundred and seventy-five thousand short ton units of tungsten trioxide.

(b) No stabilization payments under this title 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, the Strategic and Critical Materials Stockpiling Act, or the Domestic Tungsten, Asbestos, Fluorspar, and Columbium-Tantalum Production and Purchase Act of 1956. Any such material shall be applied to reduce the annual limitations specified in this section, and the quarterly limitations as fixed by the Secretary.

SEC. 103. (a) 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.

(b) Where sales of any material exceed such quarterly limitations, the Secretary may adjust stabilization payments to producers for that quarter so as to distribute the benefits of the program equitably among the producers, but stablization payments shall not be denied on any sales of any producer during such quarter whose sales did not exceed the following quantities: Lead, one thousand two hundred and fifty tons; zinc, one thousand two hundred and fifty tons; fluorspar (acid grade), one thousand two hundred and fifty tons; and tungsten trioxide, three thousand short-ton units.