the excess material shall be handled in accordance with the applicable provisions of Part 101-43. [34 F.R. 16544, Oct. 16, 1969] § 101-14.103-3 Contractor inventory. The requirements of this Subpart 10114.1 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 10114.1 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. 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 F.R. 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: The provisions of this Subpart 101-14.2 appear at 34 F.R. 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. Executive Stockpile Committee containing recommendations for the long-range 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 Government-owned 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 avail. able 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. 101-15.4903 Scope of subpart. GSA Form 1776. Application for Participation in the Lead and Zinc Mining Stabilization Program GSA Form 1777, Certification GSA Form 1778, Request for AUTHORITY: The provisions of this Part 101-15 issued under secs. 4, 5, 75 Stat. 767, 768, as amended; 30 U.S.C. 684, 685; delegation of the Secretary of the Interior, 27 F.R. 3822. SOURCE: The provisions of this Part 101-15 appear at 31 F.R. 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 Public Law 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 REGİSTER (27 F.R. 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 stabilization payments in accordance with the Act and the regulations in this Part 101-15. § 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 § 10115.102-3. 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. 103 § 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 in normal commercial channels and who. during any 12-month period between January 1, 1960, and the first day of the period for which he seeks payments under this Act. has not produced or sold ores or concentrates the recoverable content of which is more than 3.000 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. (b) When the amount of stabilization payment during any calendar year totals $2.500.000. or (c) December 31. 1969. § 101-15.104 Participation in the pro gram. (a) Any small domestic producer desiring to participate in the program shall apply on GSA Form 1776 (see § 10115.4901) to General Services Administration, Defense Materials Service. Washington, D.C. 20405. The application should state that the applicant has read the regulations in this Part 101-15 and accepts their terms and conditions. The Administrator may request such additional information as may be necessary and will issue to each applicant found by him to be qualified, a certificate of participation on GSA Form 1777 (see § 101.15.4902), authorizing the applicant to apply for stabilization payments under the regulations in this Part 101-15 to the extent he is eligible and qualified to receive such payment. The issuance of such a certificate shall not entitle the applicant to any stabilization payments to which he would not otherwise be entitled under the terms and conditions of the Act and the regulations in this Part 101-15. (b) To obtain stabilization payments, a certified producer shall submit to GSA a request for payment on GSA Form 1778 (see § 101-15.4903). Subject to compliance with the regulations in this part, previously qualified participants will not be required to reapply. (c) Notwithstanding the fact that all requirements of the regulations in this Part 101-15 may have been met, a small domestic producer shall not be entitled to any stabilization payments if funds are not available therefor under the program. (d) Notwithstanding any other provisions of the regulations in this Part 101-15, no stabilization payments will be made to any participant in the Lead and Zinc Small Producer's Stabilization Act unless the particinant recognizes and agrees to comply with all requirements Imposed by or pursuant to the regulations of the General Services Administration (Subpart 101-6.2 of this chapter) issued under the provisions of Title VI of the Civil Rights Acts of 1964. Stabilization payments will be made to small domestic producers upon the following terms and conditions: (a) Presentation of evidence satisfactory to the Administrator of the sale by such applicant of his production of newly mined ore, or concentrates produced therefrom, as provided for in the regulations in this Part 101-15. (b) Payment shall be made only with respect to the lead or zinc metal content as determined by assay in accordance with paragraphs (c) and (d) of this section. (c) When the producer sells ore to a processing plant, the assays for lead and zinc shown on the certified assay report issued by the processing plant shall be used. When the producer ships ore to his own processing plant, or ships ores to a toll processing plant and sells the concentrates therefrom, the assays shown on the certified assay report issued by the smelter or refinery purchasing the concentrates shall be used. Such assays shall be furnished without cost to GSA. Prior to the issuance of a certificate of participation to an applicant, the applicant shall agree that a representative of the Administrator may be present at the weighing, sampling, and assaying of the material upon which stabilization payments are claimed; that a representative portion of the sample shall be packaged, sealed, and identified as the Government's sample; that the Government's sample shall be set aside and held for the Government; and that the Government may have its sample assayed, in which event the Government's assays shall be accepted as establishing the metal content of the material sampled for the purpose of determining the amount of stabilization payments which the applicant may claim against the sales of such material. The cost of the Government's assay shall be for the Government's account. (d) Lead or zinc metal content shall be calculated on the basis of the dry weights of the ores or concentrates sold multiplied by the percentages of contained lead or zinc metal shown in the assays issued in accordance with paragraph (c) of this section. No stabilization payments shall be made for zinc metal contained in a lead ore or concentrate, or for lead metal contained in a zinc ore or concentrate, unless both metals are sold. If, however, the proces. sor is the same person as the producer, such payments will be made only if such ore or concentrate is to be primarily processed for the recovery of both metals. (e) For lead, such payment shall be made, subject to the availability of funds therefor, on sales made at times when the market price for common lead at New York, N.Y., as determined by the Administrator, is below 141⁄2 cents per pound, and such payments shall be 75 percent of the difference between 141⁄2 cents per pound and the average market price for the month in which the sales occurred as determined by the Administrator. (f) For zinc, such payments shall be made, subject to the availability of funds therefor, on sales made at times when the market price for prime western zinc at East St. Louis, Ill., as determined by the Administrator, is below 141⁄2 cents per pound, and such payments shall be 55 percent of the difference between 141⁄2 cents per pound and the average market price for the month in which the sales occurred as determined by the Administrator. (g) The Administrator's market price determinations shall be based upon trade publications and such other sources of market information as he deems relevant. (h) Each small domestic producer shall submit one request for payment, on GSA Form 1778 (see § 101-15.4903), covering all sales for each month. Each such request should be submitted by the 15th day after the end of the month in which the sales covered by such request are made, except that requests with respect to sales made between January 1, 1966, and the last day of the month in which the participant receives his certification of participation are to be submitted by the 15th day of the following month. Requests shall be submitted to: General Services Administration, Region 3, Office of Regional Data and Financial Management, 3BCR, Accounting and Reports Division, Washington, D.C. 20407. Unless justifiable cause beyond the reasonable control of the applicant is shown, request for payment received after the applicable date will not be paid until the month following their receipt and in no event will payments be made on requests received after March 31 of the year fol |