An Act to stabilize the mining of lead and zinc by small domestic producers on public, Indian and other lands, and for other purposes
PL 87-347 (H.R.84), enacted 10/03/1961

766 
PUBLIC LAW 87-347-OCT. 3, 1961 
[75 ST A T . 
F i l i n g 
of pro-
tests. 
49 Stat. 15 18. 
Rules and regu-
lations. 
to prevent any common carrier by water which is a party to a confer-
ence agreement approved pursuant to section 15 of this Act, or any 
other person subject to this Act, or any receiver, trustee, lessee, agent, 
or employee of such carrier or person, or any other person authorized 
by such carrier to receive information, from giving information to the 
conference or any person, firm, corporation, or agency designated by 
the conference, or to prevent the conference or its designee from so-
liciting or receiving information for the purpose of determining 
whether a shipper or consignee has breached an agreement with the 
conference or its member lines or of determining whether a member 
of the conference has breached the conference agreement, or for the 
purpose of compiling statistics of cargo movement, but the use of such 
information for any other purpose prohibited by this Act or any 
other Act shall be unlawful." 
SEC. 6. Section 16 First, Shipping Act, 1916 (39 Stat. 734; 46 
U.S.C. 815), is hereby amended by deleting the period at the end 
thereof and adding the following: ": Provided^ That within thirty 
days after enactment of this Act, or within thirty days after the 
effective date or the filing with the Commission, whichever is later, 
of any conference freight rate, rule, or regulation in the foreign 
commerce of the United States, the Governor of any State, Common-
wealth, or possession of the United States may file a protest with 
the Commission upon the ground that the rate, rule, or regulation 
unjustly discriminates against that State, Commonwealth, or posses-
sion of the United States, in which case the Commission shall issue 
an order to the conference to show cause why the rate, rule, or 
regulation should not be set aside. Within one hundred and eighty 
days from the date of the issuance of such order, the Commission 
shall determine whether or not such rate, rule, or regulation is 
unjustly discriminatory and issue a final order either dismissing the 
protest, or setting aside the rate, rule, or regulation." 
SEC. 7. The Shipping Act, 1916, is hereby amended by inserting a 
new section 43 reading as follows: 
"SEC. 43. The Commission shall make such rules and regulations 
as may be necessary to carry out the provisions of this Act." 
Approved October 3, 1961. 
October 3, 1961 
[H. R. 84] 
Public Law 87-347 
AN ACT 
To stabilize the mining of lead and zinc by small domestic producers on public, 
Indian, and other lands, and for other purposes. 
L e a d and z i n c 
mining. 
Stabilization. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That the Secretary 
of the Interior is hereby authorized and directed to establish and main-
tain 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 producers on public, Indian, and 
other lands as provided in this Act. 
SEC. 2. (a) Subject to the limitations of this Act, the Secretary shall 
make stabilization payments to small domestic producers upon pres-
entation of evidence satisfactory to him of their status as such pro-
ducers and of the sale by ihani of newly mined ores, or concentrates 
produced therefrom, as provided in this Act. 
Payments shall be made 
only with respect to the metal content as determined by assay. 
(b) Such payments shall be made to small domestic producers of 
lead as long as the market price for common lead at New York, New 
75 S T A T . ] 
PUBLIC LAW 87-347-OCT. 3, 1961 
767 
York, as determined by the Secretary, is below 141/^ cents per pound, 
and such payments shall be 75 per centum of the difference between 
141^ cents per pound and the average market price for the month in 
which the sale occurred as determined by the Secretary. 
(c) 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 14i/^ cents per 
pound, and such payments shall be 55 per centum of the difference 
between 141^ cents per pound and the average market price for the 
month in which the sale occurred as determined by the Secretary. 
(d) The maximum amount of payments which may be made pur-
suant to this Act on account of sales of newly mined ores or concen-
trates produced therefrom made during the calendar year 1962 shall 
not exceed $4,500,000; the maximum amount of such payments which 
may be made on account of such sales made during the calendar year 
1963 shall not exceed $4,500,000; the maximum amount of such pay-
ments which may be made on account of such sales made during 
the calendar year 1964 shall not exceed $4,000,000; and the maximum 
amount of such payments which may be made on account of such sales 
made during the calendar year 1965 shall not exceed $3,500,000. 
SEC. 3. (a) Subject to the provisions of subsection (b) and subsec-
tion (c) of this section, no stabilization payments under this Act shall 
be made to any small domestic producer on sales, or further processing 
in lieu of sales, in the twelve-month period ending December 31,1962, 
in excess of one thousand five hundred tons of zinc and one thousand 
five hundred tons of lead; or in the twelve-month period ending 
December 31,1963, in excess of one thousand two hundred tons of zinc 
and one thousand two hundred tons of lead; or in the twelve-month 
period ending December 31, 1964, in excess of nine hundred tons of 
zinc and nine hundred tons of lead; and in the twelve-month period 
ending December 31, 1965, in excess of six hundred tons of zinc and 
six hundred tons of lead, subject to the further limitation that no 
producer may be paid in any such calendar year for an amount in 
excess of his maximum production during any calendar year between 
January 1,1950, and December 31,1960. Payments shall be made only 
with respect to ores and concentrates produced from an operating unit 
which was operated during the whole or some part of the period 
January 1, 1956, to August 1, 1961. No payments shall be made on 
any production from any property acquired by sale, lease, permit, or 
otherwise (except devise or inheritance) subsequent to August 1,1961: 
Provided^ hoioever^ That any person or firm acquiring a property by 
sale, lease, permit, or otherwise may qualify as a small domestic 
producer if such person or firm produced ores or concentrates from a 
mine specified in a lease, permit, or contract during the whole or some 
part of the period January 1, 1956, to August 1, 1961. 
(b) No stabilization payments under this Act shall be made on any 
domestically produced material w^hich 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, or the Strategic and Critical Materials Stock- 
|Q ^^*g c^^app. 
piling Act. Any such material shall be applied to reduce the annual 20 6 
limitations specified in this section, and the quarterly limitations as 
5° use Is note, 
fixed by the Secretary. 
(c) For purposes of administration the Secretary may fix quarterly 
limitations on the total amounts of each material on which stabiliza-
tion payments are made for the purpose of achieving stabilization in 
the annual rates of production. 
SEC. 4. The Secretary is authorized to establish and promulgate such ,^^0,^^*"°"* ^^^ 
regulations and require such reports as he deems necessary to carry out 
768 
PUBLIC LAW 87-347-OCT. 3, 1961 
[75 STAT. 
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 pro-
duced 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 concen-
trates 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 enact-
ment 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 limita-
tions 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 
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 pur-
suant thereto or for the purpose of assisting another to procure a pay-
ment 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. 
gress 
76 
S T A T . ] 
PUBLIC LAW 87-849-OCT. 4, 1961 
769 
(b) Whoever accepts a payment under this Act 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 Act 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 Act. 
(c) No producer shall be eligible for payment under this Act if he 
is operating under a lease, contract, or permit obtained after the effec-
tive date of this Act from another producer of lead and zinc who 
has placed a larger portion of his mining properties under lease, con-
tract, or permit to other producers than he had placed at his highest 
production level since January 1, 1956, to the effective date of this 
Act. 
Approved October 3, 1961. 
Public Law 87-348 
JOINT RESOLUTION 
Fixing tlie beginning ()f tlie second regular session of the Eighty-seventh 
Congress. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That the second regular 
session of thie Eighty-seventh Congress shall begin at noon on 
Wednesday, January 10,1962. 
Approved October 4, 1961. 
October 4, 1961 
[S. J. Res. 144] 
Public Law 87-349 
AN ACT 
To amend the Acts of March 3, 1901, and June 28, 1&44, so as to exempt the 
District of Columbia from paying fees in any of the courts of the District 
of Columbia. 
October 4, 1961 
[S. 558] 
D. C. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the first sen- 
p^ ^^^^ ^^ ^^^^ 
tence of section 177 of the Act entitled "An Act to establish a code fees.^*"*" 
of law for the District of Columbia", approved March 3, 1901 (31 
Exemption. 
Stat. 1219), as amended (sec. 11-1507, District of Columbia Code, 
1951 edition), is amended by inserting "or the District of Columbia" 
immediately after "than the United States", and by inserting "or by 
the District of Columbia" immediately before the period. 
SEC. 2. Section 16 of the District of Columbia Appropriation Act, 
1945, approved June 28, 1944 (58 Stat. 533; sec. 11-1519, District of 
Columbia Code, 1951 edition), is amended by inserting "or fees" 
immediately following "court costs". 
Approved October 4, 1961.