Page:United States Statutes at Large Volume 75.djvu/808

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PUBLIC LAW 87-347-OCT. 3, 1961

[75 S T A T.

the purposes of this Act, but such regulations shall assure equitable distribution of the benefits of the programs provided by this Act among the small domestic producers afltected. SEC. 5. The Secretary may delegate any of the functions authorized by this Act to the Administrator of General Services. Definitions. §^0.6. (a) For the purposes of this Act— (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 Act, 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. (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 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. (5) The term "quarter" means the calendar periods commencing on the first day of the months of January, April, July, and October. (b) For the purposes of this Act, 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 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 small domestic producer of the ores. SEC. 7. No payment shall be made under this Act on any ores or concentrates sold, or processed in lieu of sale, after December 31, 1965; but authorized payment shall be made only if application therefor is filed not later than March 31, 1966, in accordance with regulations established by the Secretary. est^"'* *° *^°"" ^^^- ^- '^^® Secretary shall make an annual report with respect to gress operations under this Act not later than March 1 of each year to the Congress of the United States. Any such report shall contain such recommendations as the Secretary may deem appropriate. SEC. 9. (a) Whoever, for the purpose of procuring a payment to which he is not entitled under this Act 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 Act 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 Act.

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