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southeast quarter southwest quarter, containing 156.20 acres,
more or less;

Beginning at corner numbered 1, from which the northwest
corner of section 30, township 32 north, range 1 west, New Mexico
principal meridian, bears north 57 degrees 40 minutes west a
distance of 2,676 feet;

Thence from corner numbered 1 south 53 degrees 33 minutes west a distance of 396 feet to corner numbered 2; thence south 36 degrees 27 minutes east a distance of 100 feet to corner numbered 3;

Thence north 53 degrees 33 minutes east, a distance of 352 feet to corner numbered 4; thence north 12 degrees 32 minutes west, a distance of 112 feet to point of beginning, containing 0.85 acres, more or less;

is hereby declared to be held by the United States in trust for the Jicarilla Apache Tribe of the Jicarilla Reservation, New Mexico, subject to a reservation of the right of the United States to use so much of said land, together with all facilities now thereon or hereafter installed by the United States, as shall in the opinion of the Secretary Lof the Interior be needed for the administration of the affairs of the tribe, and subject to a reservation in the United States of a right-ofway across any part of said land which the Secretary of the Interior deems desirable in connection with the administration of the affairs of the tribe.

SEC. 2. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission.

Approved, September 22, 1961.

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Indian Claims Commission.

Determination. 25 U. S. C. 70a.

PUBLIC LAW 87-298

AN ACT

To authorize the use of funds arising from judgments in favor of any of the
Confederated Tribes of the Colville Reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds on deposit in the Treasury of the United States to the credit of the Colville Tribe, San Poeils-Nespelem Tribe, Okanogan Tribe, Methow Tribe, and Lake Tribe (certain constituent groups of the Confederated Tribes of the Colville Reservation) that were appropriated to pay a judgment of the Indian Claims Commission dated March 1, 1960, in docket numbered 181, and the funds which may be deposited in the Treasury of the United States to the credit of the said constituent groups or any other constituent groups of the Confederated Tribes of the Colville Reservation to pay any judgments arising out of proceedings presently pending before the Indian Claims Commission in dockets numbered 161, 179, 181-A, 181-B, 181-C, 222, and 224, and the interest on said judgments, after payment of attorney fees and expenses, shall be credited to the account of the Confederated Tribes of the Colville Reservation, and may be advanced or expended for any purpose that is authorized by the tribal governing body of the Confederated Tribes of the Colville Reservation and approved by the Secretary of the Interior. Any part of such funds that may be distributed per capita to the members of the tribes shall not be subject to Federal or State income tax.

Approved, September 26, 1961.

September 26, 1961
[H. R. 8236]
75 Stat. 639

Indians.

Colville Reservation.
Confederated Tribes.

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PUBLIC LAW 87-316

AN ACT

For the allocation of costs on the Wapato-Satus unit of the Wapato Indian irrigation project.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior shall (a) designate within one year from the date of this Act the lands that are capable of being served by the irrigation works that have already been constructed on the Wapato-Satus unit of the Wapato Indian irrigation project, (b) determine the final construction costs of such works, (c) allocate the costs on a per acre basis to the land capable of being served, (d) assess the costs so allocated to land in non-Indian ownership, and (e) defer the assessment of the costs so allocated to land in Indian ownership in accordance with the Act of July 1, 1932 (47 Stat. 564).

SEC. 2. The Secretary of the Interior is authorized to install trash racks at the Yakima River diversion headworks of the Wapato-Satus unit, and the cost thereof shall be allocated and either assessed or deferred in accordance with the provisions of section 1 of this Act.

SEC. 3. The Secretary of the Interior is authorized (a) to designate additional lands that could be served by the Wapato-Satus unit if additional works were constructed, and (b) to construct such additional works: Provided, That no land in non-Indian ownership shall be included until an agreement satisfactory to the Secretary has been reached with the owner thereof for payment of the construction cost. SEC. 4. If the Secretary of the Interior determines that an operation and maintenance assessment for the repair or replacement of any irrigation works that have been or may be constructed on the WapatoSatus unit exceeds the amount that should reasonably be paid in one year, he may provide for payment over such period of time as he deems reasonable.

SEC. 5. The proportionate share of the cost incurred under sections 2 and 3 of this Áct that is allocated to land in Indian ownership shall be added to the deferred construction charges determined under section 1 of this Act, and the total amount shall be assessed on a per acre basis when the deferment is terminated.

SEC. 6. The Secretary of the Interior is authorized to redesignate from time to time the lands that are capable of being served by the irrigation works of the Wapato-Satus unit. Any Indian or non-Indian land that is removed from the project by such redesignation shall bear its proportionate share of the construction costs, either deferred or assessed, and its proportionate share of the operation and maintenance cost to the date of such removal, if the removal is based on a redesignation for a higher use. If the lands removed are in Indian ownership, and the removal is based on any other factor, the lands shall not thereafter be assessed for construction charges.

Approved, September 26, 1961.

PUBLIC LAW 87-332

AN ACT

Making supplemental appropriations for the fiscal year ending June 30, 1962, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following. sums are appropriated out of any money in the Treasury not other. wise appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Appropriation Act, 1962") for the fiscal year ending June 30, 1962, and for other purposes, namely:

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EDUCATION AND WELFARE SERVICES

For an additional amount for "Education and Welfare Services," $750,000.

Approved, September 30, 1961.

PUBLIC LAW 83-347

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AN ACT

To stabilize the mining of lead and zinc by small domestic producers on public,
Indian, and other lands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and directed to establish and maintain 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 presentation of evidence satisfactory to him of their status as such producers and of the sale by them 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 1 York, as determined by the Secretary, is below 14/2 cents per pound, and such payments shall be 75 per centum of the difference between 142 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 141/2 cents per pound, and such payments shall be 55 per centum of the difference between 142 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 pursuant to this Act on account of sales of newly mined ores or concentrates 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 payments 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 subsection (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

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October 3, 1961

[H. R. 84]

75 Stat. 766

Lead and zinc mining.

Stabilization.

1767

64 Stat. 798.

50 U. S C. app. 2061. 60 Stat. 596.

50 U. S C. 98 note.

Regulations and re

ports.

1768

Definitions.

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, however, 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 which 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 Stockpiling Act. Any such material shall be applied to reduce the annual limitations specified in this section, and the quarterly limitations as fixed by the Secretary.

(c) For purposes of administration the Secretary may fix quarterly limitations on the total amounts of each material on which stabilization 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 regulations and require such reports as he deems necessary to carry out 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 affected.

SEC. 5. The Secretary may delegate any of the functions authorized by this Act to the Administrator of General Services. SEC. 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 twelvemonth 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.

SEC. 8. The 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 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.

1(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 effective date of this Act 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 the effective date of this Act. Approved, October 3, 1961.

PUBLIC LAW 87-367

AN ACT

To increase the limitation on the number of positions which may be placed in the top grades of the Classification Act of 1949, as amended, to provide certain additional research and development positions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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TITLE III-REALINEMENT OF COMPENSATION OF CERTAIN
POSITIONS UNDER THE CLASSIFICATION ACT OF 1949 AND
THE FEDERAL EXECUTIVE PAY ACT OF 1956

Report to Congress.

1769

October 4, 1961 [H. R. 7377]

75 Stat. 785

Classification Act of 1949, amendments.

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