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considered as the sales of the small domestic producer of the ores. (Pub. L. 87-347, § 6, Oct. 3, 1961, 75 Stat. 768, amended Pub. L. 88-75, July 25, 1963, 77 Stat. 92.)

AMENDMENTS

1963 Subsec. (a). Pub. L. 88-75 inserted the proviso that the principal product of such producer be either lead or zinc or a combination of both in clause (2), and added clause (6).

§ 687. Termination date.

No payment shall be made under this chapter 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 filled not later than March 31, 1966, in accordance with regulations established by the Secretary. (Pub. L. 87-347, § 7, Oct. 3, 1961, 75 Stat. 768.)

§ 688. Reports to Congress.

The Secretary shall make an annual report with respect to operations under this chapter 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. (Pub. L. 87–347, § 8, Oct. 3, 1961, 75 Stat. 768.)

§ 689. Penalties; civil and criminal liability; eligibility of offenders and operators of leased facilities to benefits.

(a) Whoever, for the purpose of procuring a payment to which he is not entitled under this chapter 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 chapter 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 chapter.

(b) Whoever accepts a payment under this chapter 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 chapter 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 chapter.

(c) No producer shall be eligible for payment under this chapter if he is operating under a lease, contract, or permit obtained after October 3, 1961, from another producer of lead and zinc who has placed a larger portion of his mining properties under lease, contract, or permit to other producers than he had placed at his highest production level since January 1, 1956, to October 3, 1961. (Pub. L. 87-347, § 9, Oct. 3, 1961, 75 Stat. 768.)

Chapter 20.-CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS [New]

Sec. 701.

702. 703. 704.

Authorization to convey; acreage limitations; quali-
fied applicants; payments; "qualified officer of
the United States", defined.
"Qualified applicant", defined.

Withdrawal of lands in aid of a governmental unit. Purchase of substitute lands; limitations; conditions; payment; conveyance of less than a fee. 705. Purchase price of conveyed interest; installment payments.

706.
707.
708. Assignments of rights and privileges.
709. Disposition of payments and fees.

Liabilities of occupants; trespass; limitations.
Reservation of mineral rights.

§ 701. Authorization to convey; acreage limitations; qualified applicants; payment; “qualified officer of the United States", defined.

The Secretary of the Interior may convey to any occupant of an unpatented mining claim which is determined by the Secretary to be invalid an interest, up to and including a fee simple, in and to an area within the claim of not more than (a) five acres or (b) the acreage actually occupied by him, whichever is less. The Secretary may make a like conveyance to any occupant of an unpatented mining claim who, after notice from a qualified officer of the United States that the claim is believed to be invalid, relinquishes to the United States all rights in and to such claim which he may have under the mining laws. Any conveyance authorized by this section, however, shall be made only to a qualified applicant, as that term is defined in section 702 of this title, who applies therefor within five years from October 23, 1962, and upon payment of an amount established in accordance with section 705 of this title.

As used in this section, the term "qualified officer of the United States" means the Secretary of the Interior or an employee of the Department of the Interior so designated by him: Provided, That the Secretary may delegate his authority to designate qualified officers to the head of any other department or agency of the United States with respect to lands within the administrative jurisdiction of that department or agency. (Pub. L. 87-851, § 1, Oct. 23, 1962, 76 Stat. 1127.)

REFERENCES IN TEXT

The mining laws, referred to in the text, are classified generally to this title.

§ 702. "Qualified applicant", defined.

For the purposes of this chapter a qualified applicant is a residential occupant-owner, as of October 23, 1962, of valuable improvements in an unpatented mining claim which constitute for him a principal place of residence and which he and his predecessors in interest were in possession of for not less than seven years prior to July 23, 1962. (Pub. L. 87-851,

§ 2, Oct. 23, 1962, 76 Stat. 1127.)

§ 703. Withdrawal of lands in aid of a governmental unit.

Where the lands for which application is made under section 701 of this title have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior, or of a State, county, municipality, water district,

or other local governmental subdivision or agency, the Secretary of the Interior may convey an interest therein only with the consent of the head of the governmental unit concerned and under such terms and conditions as said head may deem necessary. (Pub. L. 87-851, § 3, Oct. 23, 1962, 76 Stat. 1127.)

§ 704. Purchase of substitute lands; limitations; conditions; payment; conveyance of less than a fee. (a) If the Secretary of the Interior determines that conveyance of an interest under section 701 of this title is otherwise justified but the consent required by section 703 of this title is not given, he may, in accordance with such procedural rules and regulations as he may prescribe, grant the applicant a right to purchase, for residential use, an interest in another tract of land, five acres or less in area, from tracts made available by him for sale under this chapter (1) from the unappropriated and unreserved lands of the United States, or (2) from lands subject to classification under section 315 of Title 43. Said right shall not be granted until arrangements satisfactory to the Secretary have been made for termination of the applicant's occupancy of his unpatented mining claim and for settlement of any liability for the unauthorized use thereof which may have been incurred and shall expire five years from the date on which it was granted unless sooner exercised. The amount to be paid for the interest shall be determined in accordance with section 705 of this title.

(b) Any conveyance of less than a fee made under this chapter shall include provision for removal from the tract of any improvements or other property of the applicant at the close of the period for which the conveyance is made, or if it be an interest terminating on the death of the applicant, within one year thereafter. (Pub. L. 87-851, § 4, Oct. 23, 1962, 76 Stat. 1127.)

§ 705. Purchase price of conveyed interest; installment payments.

The Secretary of the Interior, prior to any conveyance under this chapter, shall determine the fair market value of the interest to be conveyed, exclusive of the value of any improvements placed on the lands involved by the applicant or his predecessors in interest. Said value shall be determined as of the date of appraisal. In establishing the purchase price to be paid by the applicant for the interest, the Secretary shall take into consideration any equities of the applicant and his predecessors in interest, including conditions of prior use and occupancy. In any event the purchase price for any interest conveyed shall not exceed its fair market value nor be less than $5 per acre. The Secretary may, in his discretion, allow payment to be made in installments. (Pub. L. 87-851, § 5, Oct. 23, 1962, 76 Stat. 1128.)

§ 706. Liabilities of occupants; trespass; limitations. (a) The execution of a conveyance as authorized by section 701 of this title shall not relieve any occu

pant of the land conveyed of any liability, existing on the date of said conveyance, to the United States for unauthorized use of the land in and to which an interest is conveyed.

(b) Except where a mining claim embracing land applied for under this chapter by a qualified applicant was located at a time when the land included therein was withdrawn or otherwise not subject to such location, no trespass charges shall be sought or collected by the United States from any qualified applicant who has filed an application for land in the mining claim pursuant to this chapter, based upon occupancy of such claim, whether residential or otherwise, for any period preceding the final administrative determination of the invalidity of the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing contained in this chapter shall be construed as creating any liability for trespass to the United States which would not exist in the absence of this chapter. Relief under this section shall be limited to persons who file applications for conveyances pursuant to section 701 of this title within five years from October 23, 1962. (Pub. L. 87-851, § 6, Oct. 23, 1962, 76 Stat. 1128.) § 707. Reservation of mineral rights.

In any conveyance under this chapter the mineral interests of the United States in the lands conveyed are reserved for the term of the estate conveyed. Minerals locatable under the mining laws or disposable under sections 601-604 of this title, are withdrawn from all forms of entry and appropriation for the term of the estate. The underlying oil, gas, and other leasable minerals of the United States are reserved for exploration and development purposes, but without the right of surface ingress and egress, and may be leased by the Secretary under the mineral leasing laws. (Pub. L. 87-851, § 7, Oct. 23, 1962, 76 Stat. 1128.)

REFERENCES IN TEXT

The mining laws, referred to in the text, are classified generally to this title.

§ 708. Assignments of rights and privileges.

Rights and privileges to qualify as an applicant under this chapter shall not be assignable, but may pass through devise or descent. (Pub. L. 87-851, § 8, Oct. 23, 1962, 76 Stat. 1128.)

§ 709. Disposition of payments and fees.

Payments of filing fees and survey costs, and the payments of the purchase price for patents in fee shall be disposed of by the Secretary of the Interior as are such fees, costs, and purchase prices in the disposition of public lands. All payments and fees for occupancy in conveyance of less than the fee, or for permits for life or shorter periods, shall be disposed of by the administering department or agency as are other reseipts for the use of the lands involved. (Pub. L. 87-851, § 9, Oct. 23, 1962, 76 Stat. 1128.)

Chap.

TITLE 31.-MONEY AND FINANCE

Sec. 15. Gifts for Reduction of Public Debt [New]... 901 16. Adjustment of Old Series Currency [New]... 911 Chapter 1.—THE NATIONAL BUDGET AND AUDIT SYSTEM

THE BUDGET

Sec. 25. Preparation of horizontal budget for Congress showing totality of programs for meteorology, aspects of program and funding and estimated goals and financial requirements [New].

GENERAL ACCOUNTING OFFICE

43b. Survivorship benefits of widows and dependent children of Comptrollers General [New]. (a) Election.

(b) Deductions from salary and retirement pay. (c) Deposits; interest; effective date.

(d) Reduction of annuities or elimination of serv-
ice from credit.

(e) Commencement and amount of annuities.
(f) Termination and recomputation of annuities.
(g) Definitions.

(h) Finality of dependency and disability deter-
minations.

(1) Refund of deposits upon separation from serv-
ice; interest.

(j) Beneficiaries; order of precedence.
(k) Refunds of deductions exceeding annuities
paid upon termination of annuities.

(1) Accrued annuities, disposition.

(m) Monthly installments; assignments; process. (n) Computation of annuities.

(0) Definitions for purpose of computing annuities.

(p) Service credit.

(q) Simultaneity of annuities.

(r) Appropriations.

THE BUDGET

§ 25. Preparation of horizontal budget for Congress showing totality of programs for meteorology, aspects of program and funding, and estimated goals and financial requirements.

The Bureau of the Budget shall provide the Congress, in connection with the budget presentation for fiscal year 1964 and each succeeding year thereafter, a horizontal budget showing (a) the totality of the programs for meteorology, (b) the specific aspects of the program and funding assigned to each agency, and (c) the estimated goals and financial requirements. (Pub. L. 87-843, title III, § 304, Oct. 18, 1962, 76 Stat. 1097.)

GENERAL ACCOUNTING OFFICE

writing elect a reduction in his salary and retirement pay for purposes of survivorship benefits as hereinafter provided.

(b) Deductions from salary and retirement pay.

There shall be deducted from the salary and retirement pay of any Comptroller General or retired Comptroller General making an election to receive survivorship benefits a sum equal to 3 per centum of his salary and retirement pay.

(c) Deposits; interest; effective date.

Each Comptroller General, or retired Comptroller General, making an election to receive survivorship benefits, shall deposit with the General Accounting Office for covering into the general fund of the Treasury as miscellaneous receipts a sum equal to 3 per centum of his salary and retirement pay received by him as Comptroller General prior to the date current deductions begin from his salary and retirement pay, and of his basic salary, pay, or compensation for service as a Senator, Representative, Delegate, or Resident Commissioner in the Congress of the United States and for any other civilian service which may form the basis of a widow's annuity as provided in subsection (n) of this section, with interest thereon at the rate of 4 per centum per annum to December 31, 1947, and 3 per centum per annum, thereafter, compounded on December 31 of each year. The current deductions from salary or retirement pay shall be regarded as effective as of the date the election of reduced salary and retirement pay for purposes of survivorship benefits is made.

(d) Reduction of annuities or elimination of service from credit.

Notwithstanding the failure of a Comptroller General or a retired Comptroller General to make the deposit under subsection (c) of this section, credit shall be allowed for the service rendered, but the annuity of the widow shall be reduced by 10 per centum of the amount of such deposit, computed as of the date of death of a Comptroller General or retired Comptroller General, unless such widow shall elect to eliminate such service entirely from credit under subsections (n) and (o) of this section.

(e) Commencement and amount of annuities.

In case any Comptroller General or retired Comptroller General who has elected to bring himself within the purview of this section shall die while in

§ 43b. Survivorship benefits of widows and dependent office, or die while in receipt of retirement pay in children of Comptrollers General.

(a) Election.

Any Comptroller General of the United States, within six months of the date on which he takes office, or in the case of the Comptroller General currently in office and any retired Comptroller General, within six months after July 13, 1959, may in

Page 1779

accordance with section 43 of this title, after having rendered at least five years of civilian service computed as prescribed in subsections (n) and (o) of this section, for the last five years of which the salary deductions provided for by subsection (b) of this section or the deposits required by subsection (c) of this section have actually been made

(1) if such Comptroller General or retired Comptroller General is survived by a widow but not by a dependent child, there shall be paid to such widow an annuity beginning with the day of his death or following the widow's attainment of the age of fifty years, whichever is the later, in an amount computed as provided in subsection (n) of this section; or

(2) if such Comptroller General or retired Comptroller General is survived by a widow and a dependent child or children, there shall be paid to such widow an immediate annuity in an amount computed as provided in subsection (n) of this section, and there shall also be paid to or on behalf of each such child an immediate annuity equal to one-half the amount of the annuity of such widow, but not to exceed $900 per year divided by the number of children or $360 per year, whichever is lesser; or

(3) if such Comptroller General or retired Comptroller General leaves no surviving widow but leaves a surviving dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the amount of the annuity to which such widow would have been entitled under paragraph (2) of this subsection had she survived, but not to exceed $480 per year.

(f) Termination and recomputation of annuities.

The annuity payable to the widow hereunder shall be terminable upon her death or remarriage. The annuity payable to a child hereunder shall be terminable upon (1) his attaining the age of eighteen years, (2) his marriage, or (3) his death, whichever first occurs, except that if such child is incapable of self-support by reason of mental or physical disability his annuity shall be terminable only upon death, marriage, or recovery from such disability. In the event of the death of a widow leaving a dependent child or children of a Comptroller General or retired Comptroller General surviving her the annuity of such child or children shall be recomputed and paid as provided in paragraph (3) of subsection (e) of this section. In any case in which the annuity of a dependent child, under this subsection, is terminated, the annuities of any remaining dependent child or children shall be recomputed and paid as though the child whose annuity was terminated had not survived such Comptroller General or retired Comptroller General. (g) Definitions.

As used herein

(1) The term "widow" means a surviving wife of a Comptroller General or retired Comptroller General who either (A) shall have been married to such individual for at least two years immediately preceding his death or (B) is the mother of issue by such marriage, and who has not remarried.

(2) The term "dependent child" means an unmarried child, including a dependent stepchild or an adopted child, who is under the age of eighteen years or who, because of physical or mental disability, is incapable of self-support.

(h) Finality of dependency and disability determinations.

Questions of dependency and disability arising under this section shall be determined by the General Counsel of the General Accounting Office, whose decision shall be final and conclusive.

(i) Refund of deposits upon separation from service; interest.

In any case in which a Comptroller General who has elected to bring himself within the purview of this section is separated from the service prior to becoming entitled to retirement pay as provided in section 43 of this title, he shall be paid the total amount deducted from his salary, with interest thereon at the rate of 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year to date of separation.

(j) Beneficiaries; order of precedence.

In any case in which (1) any Comptroller General (A) dies in office before completion of five years of civilian service as prescribed in subsections (n) and (0) of this section, or (B) after completing five years of such service dies in office without any survivors entitled to an annuity as provided in subsection (e) of this section, or (2) in any case in which any retired Comptroller General dies without any survivors entitled to an annuity as provided in subsection (e) of this section, the total amount deducted from his salary and retirement pay with interest thereon at the rate of 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31st of each year to date of death, shall be paid to the person or persons surviving at the date title to payment arises, in the following order of precedence, and such payment shall be a bar to recovery by any other person:

First, to the beneficiary or beneficiaries designated by a writing of a Comptroller General or retired Comptroller General received by the General Accounting Office prior to his death;

Second, if there be no such beneficiary, to the widow of such Comptroller General or retired Comptroller General;

Third, if none of the above, to the child or children of such Comptroller General or retired Comptroller General and the descendants of any deceased children by representation;

Fourth, if none of the above, to the parents of such Comptroller General or retired Comptroller General;

Fifth, if none of the above, to the duly appointed executor or administrator of the estate of a Comptroller General or retired Comptroller General.

Sixth, if none of the above, to such other next of kin of such Comptroller General or retired Comptroller General as may be determined by the General Counsel of the General Accounting Office to be entitled under the laws of the domicile of such Comptroller General or retired Comptroller General at time of his death.

Determinations as to the widow or child of a Comptroller General or retired Comptroller General for the purposes of this subsection shall be

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