APPENDIX EXHIBIT 1 [COMMITTEE NOTE.-This bill is identical to S. 2105, as reported to the Senate by the Committee on Interior and Insular Affairs.] 81ST CONGRESS 1ST SESSION H. R. 6110 IN THE HOUSE OF REPRESENTATIVES AUGUST 24, 1949 Mr. BENNETT of Michigan introduced the following bill; which was referred to the Committee on Public Lands A BILL To stimulate exploration for and conservation of strategic and critical ores, metals, and minerals, and for other purposes. 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 "National Minerals Act of 1949". SEC. 2. (a) It is the policy of the Congress that every effort be made to stimulate exploration for and conservation of strategic and critical metals and minerals and other essential metals and minerals by private enterprise to supply the industrial, military, and naval needs of the United States, and that every effort be made to encourage the development and maintenance of sources of these metals and minerals within the United States in order to decrease and prevent, wherever possible, a dangerous and costly dependence by the United States upon foreign nations for supplies of such materials. To this end it is the further policy of the Congress that every effort be made to maintain a sound and active mining industry within the United States; to expand exploration for those ores and other mineral substances which are essential to the common defense or the industrial needs of the United States; and to prevent the discontinuance of mine operations under such circumstances as to make it probable that production would not or could not be resumed when needed for the national economy or security. (b) In carrying out these policies small mining enterprises shall be encouraged to apply for aid under this Act, and for this purpose the Secretary of the Interior shall provide small mining enterprises with full information concerning this Act, and shall make special provision for expeditious handling of applications from small mining enterprises. SEC. 3. A Minerals Conservation Board, consisting of the Secretary of the Interior, the Secretary of Defense, the Secretary of Commerce, and the Secretary of the Treasury, is hereby established. The Secretary of the Interior shall be the executive chairman of the Board. The members of the Board may delegate their powers, functions, and duties, including those relating to appeals, to suitable officers of their respective agencies. SEC. 4. To carry out the policy of this Act, the Board shall by regulation determine (a) the amount of appropriated money to be allocated to the aid of exploration, on the one hand, and to the aid of conservation, on the other hand; (b) the amount of appropriated money to be allocated to the aid of exploration for any metal or mineral or group of metals or minerals, as specified by the Board; 77 99483-50-ser. 23- -6 (c) the amount of appropriated money to be allocated to the aid of conservation of any metal or mineral or group of metals or minerals, as specified by the Board; (d) the maximum price or the minimum price, or both, which may be paid for the purchase of any metal or mineral for conservation: Provided, That adequate allowance shall be made for depletion and depreciation in computing costs of operation or maintenance; (e) the maximum amount or the minimum amount, or both, which may be paid on account of participation in the costs of maintenance for conservation with respect to any metal or mineral; (f) the maximum amount or the minimum amount, or both, which may be paid to any producer or class of producers on account of exploration for any metal or mineral or group of metals or minerals, and the ratio which the Government's contribution for exploration shall bear to the contribution of any producer or class of producers for exploration; (g) the particular metals or minerals or ores thereof and specifications therefor that shall be eligible for aid for conservation; (h) the particular metals or minerals that shall be eligible for aid for exploration; and (i) the time limits or dates within which contracts for aid for conservation shall terminate. SEC. 5. (a) The Board shall promulgate such rules and regulations as may be necessary to carry out its functions and duties under this Act, and to provide fair and equitable treatment for all applicants for aid. (b) The Secretary, subject to the rules and regulations of the Board, may prescribe rules and regulations for carrying out the provisions of this Act and which must be complied with by applicants for contracts under the provisions of this Act. (c) The Secretary may delegate any of his functions under this Act. (d) All rules and regulations issued under the authority contained in this section shall be published in the Federal Register. SEC. 6. (a) Any producer may file with the Secretary an application for financial aid in carrying out a specified project for exploration or financial aid to conserve a deposit of ores or minerals. An application to conserve may be either for aid by participating in the costs of maintaining the property in stand-by condition or by purchasing all or any part of the metals or minerals resulting from production from such deposit. The application and the project for aid disclosed by the application must conform to the express policy and provisions of this Act and with the rules and regulations of the Board and of the Secretary: Provided, however, That simple contracts covering exploration projects shall be awarded upon application to small base metal mines and such contracts shall provide for the United States to pay one-half of the total reasonable costs of all tunnels, shafts, winzes, and raises in such a mine if the application discloses that there is a reasonable promise of developing unknown or undeveloped sources of metals or minerals. (b) The Secretary shall cause qualified mining engineers, geologists, and any other necessary technicians to make examination of and to report on each application, and to certify it to the Secretary either for acceptance, as presented or subject to specified modifications, or for rejection. In the case of a project for exploration, the examining experts shall certify whether the project offers reasonable promise of discovering unknown or undeveloped sources of metals or minerals. In the case of a project for aid to conserve a deposit of ores or minerals, either by participating in the costs of maintaining the property in stand-by condition or by purchasing all or any part of the metals or minerals resulting from production from each deposit, the examining experts considering economic and practicable factors shall certify whether the project offers reasonable promise of maintaining in stand-by condition or in production, as the case may be, a property the production from which would, in the absence of financial aid by the United States, be discontinued or remain discontinued under such circumstances as to make it probable that for economic or technical reasons such production would not or could not be resumed when needed for the national economy or security. (c) The Secretary shall either accept and approve the application, subject to any modification therein which he may require, or he shall reject it: Provided, That if the Secretary's action on the application conflicts with the recommendation and certification of the examining experts, he shall refer the application to the Board; and the Board shall either confirm and approve the action of the Sec retary, or shall reverse it, or shall direct the Secretary to reconsider it. Confirmation or reversal of the Secretary's action by the Board shall be final, and direction to reconsider shall place the application in the same status it was in before action upon it by the Secretary. If the Secretary accepts the application, either in its original or modified form, the terms of the application and acceptance shall be merged in a formal, written contract. Any applicant who is dissatisfied with the decision of the Secretary upon his application, may at any time within thirty days after receipt of notice of the decision, unless further time is granted by the Board, appeal to the Board, and the Board, as expeditiously as possible, shall review the entire matter, make its findings thereon, and notify the applicant of its decision, which shall be final. (d) All metals or minerals purchased under the provisions of this section, or such equivalent quantities thereof as may be permitted by the contract with the producer, shall be delivered by the producer to and shall be received by the Administrator of General Services at such places and times as may be provided in the contract. The Administrator shall from time to time, and in any event before selling them in the open market, notify the Munitions Board of the inventory of metals or minerals held by him under the provisions of this Act and shall continue to hold all metals or minerals received by him under this Act until at least sixty days after he has given the Munitions Board notice that they are so held. The Munitions Board may, as long as any such metals or minerals are held by the Administrator, (1) direct the Administrator to transfer any of them to the national security stock pile in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act, as amended (53 Stat. 811; 60 Stat. 596), or (a) within sixty days after such notice from the Administrator direct him to hold any such metals or minerals listed in the notice until sixty days after the next succeeding appropriation for purchases for the stock pile has become available. Unless notified by the Munitions Board to either transfer any of such metals or minerals or to continue to hold them as provided in this subsection, the Administrator shall sell them in the open market if and when open-market prices will return to the Government at least the price paid by the Government for the metals or minerals, and only in such quantities as will not depress the market. No metal or mineral shall be transferred into the national security stock pile under the provisions of this Act unless the material has been found to be strategic and critical as provided in the Strategic and Critical Materials Stock Piling Act, and meets established specifications as to quality and degree of refinement or processing, and unless such transfer is consistent with the current stock-piling procurement program of the Munitions Board. All moneys received by the Administrator of General Services from such sales in the open market shall be for deposit in miscellaneous receipts of the Treasury, and any transfer of metals or minerals to the national security stock pile shall be covered by a transfer of funds from appropriations available for purchases for the stock pile to miscellaneous receipts of the Treasury in amounts approximating what the cost of the metals or minerals would have been if purchased in the open market at the time of transfer. (e) All contracts entered into under the provisions of this section (1) shall contain an express provision that they are subject to the availability of appropriated money; and (2) may be entered into without regard to sections 3648 and 3709 of the Revised Statutes, as amended, or other provisions of law prescribing the manner of making contracts on behalf of the United States. (f) No contracts shall be entered into under the provisions of this section for a period exceeding two years or after the expiration of three years from the effective date of this Act. SEC. 7. As used in this Act (a) "Secretary", standing by itself, means the Secretary of the Interior. (d) "Exploration" means exploration in the United States for unknown or undeveloped sources of metals or minerals, including extensions of known deposits conducted from the surface or underground, by surface trenching, core or churn drilling, tunnels, raises, winzes, or shafts, including recognized and sound procedures for obtaining pertinent geological information, and including metallurgical research on processes for the production of such metals or minerals. (e) "Production" means the production of ores or minerals from mines in the United States, or from tailings, dumps, slags, or residues of such mines, which the Secretary determines would, in the absence of financial aid by the United States, be discontinued or remain discontinued under such circumstances with respect to each particular mine as to make it probable that for economic or technical reasons such production would not or could not be resumed promptly when needed for the national economy or security. (f) "Small base metal mines" means mines or deposits of ores producing or which in the course of conducting an exploration project produce lead, zinc, or copper ores, or ores containing a combination of such metals, the average aggregate monthly production of which does not exceed one hundred tons of lead, zinc, and copper metal combined. (g) "Producer" means any person or persons or legal entity by whom or for whose account and interest exploration, maintenance, or production is to be or is being performed. (h) "United States," when used in a geographical sense, means the United States and its Territories and possessions. SEC. 8. This Act shall not be construed as superseding or amending the Atomic Energy Act of 1946 (60 Stat. 755), as amended. SEC. 9. There are hereby authorized to be appropriated such sums as may be. necessary for carrying out the provisions of this Act, including payments to producers for exploration, maintenance, and production, and the costs of adminis-tration, such funds to remain available until expended. EXHIBIT 2 [COMIITTEE NOTE.-The bill as introduced is shown as the part struck through ;the Bill as reported to the Senate by the Committee on Interior and Insular Affairs is the part printed in italic.] Mr. O'MAHONEY (for himself, Mr. HAYDEN, Mr. MCFARLAND, and Mr. MALONE) introduced the following bill; which was read twice and referred to the Committee on Interior and Insular Affairs AUGUST 25 (legislative day, JUNE 2), 1949 Reported by Mr. O'MAHONEY, with an amendment A BILL To stimulate exploration for and conservation of strategic and critical ores, metals, and minerals, and for other purposes 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 "National Minerals Act of 1949". SEE. 2. It is the policy of the Congress that every effort be made to stimulate exploration for and eonservation of strategie and eritical metals and minerals and other essential metals and minerals by private enterprise to supply the industrial, military, and naval needs of the United States, and that every effort be made to encourage the development and maintenance of sources of these metals and minerals within the United States in order to deerease and prevent; wherever possible, a dangerous and costly dependence by the United States upon foreign nations for supplies of such materials. To this end it is the further policy of the Congress that every effort be made to maintain a sound and active mining industry within the United States; to expand exploration for those ores and other mineral substances which are essential to the common defense or the industrial needs of the United States; and to prevent the discontinuance of mine operations when such discontinuance might result in the permanent loss of an important resouree. Sne. 3. A Minerals Conservation Board, consisting of the Secretary of the Interior, the Secretary of Defense, the Secretary of Commerce, and the Seeretary of the Treasury, is hereby established. The Secretary of the Interior shall be the executive chairman of the Board. The Board may delegate its powers, functions, and duties to any member of the Board; and the members of the Board may delegate their powers, functions, and duties, including these relating to appeals, to suitable officers of their respective agencies. See. 4. (a) The Beard shall determine (the amount of appropriated money to be allocated to the promotion of eligible exploration, on the one hand, and to the premetion of eligible production, on the other hands (2) the amount of appropriated money to be allocated to the premotion of eligible exploration for any metal or mineral or group of metals er minerals, as specified by the Board; (8) the amount of appropriated money to be allocated to the promotion of eligible production of any metal or mineral or group of metals or minerals, as specified by the Board; (4) the maximum price or the minimum price, or both, which may be paid for any such metal or mineral; (5) the maximum amount or the minimum amount, or both; which may be paid to any producer or class of producers on account of eligible exploration for any such metal or mineral or group of metals or minerals, and the ratio which the Government's contribution for eligible exploration shall bear to the contribution of any producer or class of producers for eligible exploration; (6) the particular metals or minerals or ores thereof and specifications therefor that shall be eligible for payments for eligible production; (7) the particular metals or minerals that shall be eligible for payments for eligible exploration; and (8) terms (including duration) of contracts with producers. (b) The Secretary, pursuant to the determinations of the Board set forth in subsection (a) of this section and with due regard to the policy set forth in section 2 of this Act, is authorized to approve or disapprove applications for financial aid and to notify the applicant of his decision, together with his findings, with respect to such application as soon as possible. Any applicant whe is dissatisfied with such a decision of the Secretary may at any time within thirty days after the receipt of notice thereof, unless further time is granted by the Board, appeal to the Board The Board, as expeditiously as possible, shall review the entire ease, make its findings thereon, and notify the applicant of its decision, which shall be final. See: 5. (a) The Board shall promulgate such rules and regulations as may be necessary to carry out its functions and duties under this Act. (b) The Secretary, subject to the rules and regulations of the Board, may prescribe rules and regulations for carrying out the provisions of this Aet and which must be complied with by applicants for contracts under the provisions of this act. (e) The Secretary may delegate any of the functions delegated to him by the Board under this Aet. (d) All rules and regulations issued under the authority contained in this section shall be published in the Federal Register. SEC. 6. Any producer may file with the Secretary an application for financial aid in carrying out any specified project for eligible exploration. If the Secretary finds that performance of the proposed exploration would be in conformance with the expressed policy and provisions of this Act and with the rules and regulations of the Board, he shall enter into a contract with the applicant whereby the United States will pay a part of such costs within the rules and regulations of the Board. See: 7. Any producer may file with the Secretary an application for financial aid in maintaining eligible production. If the Secretary finds that maintenance of the particular production would be in conformance with the expressed policy and provisions of this Aet and the rules and regulations of the Board, he shall enter into a contract with the applicant whereby the United States will purchase such production at such price and upon such terms as may be agreed upon within the rules and regulations of the Board. SEE: 8. As used in this Aet (a) Secretary22, standing by itself, means the Secretary of the Interior. (b) Beard" means the Minerals Conservation Board. |