(1) In stands containing sufficient turpentine trees to justify their use in the production of gum, either at present or within the next 10 years, worked-out and defective turpentine trees and trees of other species may be cut. Round or scarred turpentine trees may be cut only for higher economic use or for thinnings. When round or scarred trees are to be utilized for high quality timbers, poles, piling or a similar higher economic purpose than the production of gum, at least 6 thrifty turpentine seed trees per acre, 10 inches or more d. b. h., shall be left uncut and undamaged. When the removal of worked-out and defective turpentine trees and trees of other species will not provide sufficient release for the remaining trees and additional thinnings are necessary, round or scarred turpentine trees may be cut, provided at least 150 turpentine trees per acre of approximately the same size as the trees which are cut are left uncut and undamaged and are well distributed over the cutting area.

(2) In stands on turpentine tree sites which contain insufficient turpentine trees to justify their use in the production of gum, either at present or within the next 10 years, worked-out, scarred, and defective turpentine trees and trees of other species may be cut. On areas containing less than 200 turpentine trees per acre which are 8 feet or more in height, at least 6 thrifty turpentine seed trees per acre, 10 inches or more d. b. h. shall be left uncut and undamaged. Areas containing more than 200 round turpentine trees per acre, 8 feet or more in height, may be thinned down to not less than 200 such trees per acre, provided trees of approximately the same size as the trees which are cut are left uncut, undamaged and well distributed on the cut-over area.

(3) In stands of turpentine trees in areas where there is no active market for gum products, a selective cutting system by individual trees or groups of trees shall be used. In immature stands at least 50 percent of the trees over 8 inches d. b. h. shall be left uncut and undamaged, and if group selection is used individual clear-cut areas shall not exceed 22 acres in extent. Harvest cuttings with ample provision for restocking the cut-over area will be permitted on larger areas in mature stands: Provided, That at least 6 thrifty seed trees per acre, 10 inches or more d. b. h., are left uncut and undamaged on the cut-over area.

(4) Deviations from the above timber cutting requirements may be approved in writing in cases where the producer is following a plan of management which is designed to provide equivalent production of future stands of timber and equivalent restocking of cut-over areas.

(5) In clear-cutting forest lands to convert them from forest growing to other agricultural use, there must be satisfactory evidence on the ground not later than 6 months after such cutting to show that the land is being developed for the proposed use. Decision as to qualification will be made not later than June 30, 1948.

(6) When cutting operations on feeowned lands of the turpentine farm do not meet the above timber cutting requirements or are contrary to good forestry practice a deduction of $5.00 per acre will be made for each acre in excess of 1% of the cutting area.

(7) When cutting by the producer, his representatives or his employees on leased working areas does not meet the above timber cutting requirements a deduction from the earned payment will be made. The deduction will be 40% of the base payment earned on the faces in the tract or drift where the unsatisfactory cutting occurred.

(8) When any trees having faces worked under this program are cut, payment for all the faces in the tract or drift from which the trees were cut may be denied if the Forest Service finds insufficient evidence at the time of inspection to determine adherence to the face working requirements.

(e) Face working requirements. All faces less than 36 inches in height that are to be worked must be on trees which are at least 9 inches d. b. h. unless the tree has a worked-out face or deviations from prescribed requirements were authorized or approved under this or a previous program. Two faces which are less than 36 inches in height may be worked on the same tree if previous deviations were authorized or approved or if the tree is at least 14 inches d. b. h. or has a worked-out face. Face height measurements will be made from the shoulder of the first streak to the shoulder of the last streak. Cups and tins on faces which are not 36 inches in height and are not on trees approved for working under this subpart shall be removed within the time limits established

by the Forest Service. The specific performance requirement is:

Satisfactory evidence that the faces have been or are being worked must be found at the time inspection is made. When a determination based on such inspection is questioned, a minimum of 12 regular streaks or 10 chemically treated streaks by November 15 will be the basis for qualification.

(f) General requirements. Each producer shall assist representatives of the Forest Service in the administration of this subpart by (1) giving them free access to his turpentine farm or farms, (2) counting all faces and keeping written records thereof separately by tracts and drifts, (3) furnishing count records and satisfactory evidence of control of faces to the local Inspector when requested, (4) furnishing information on burned areas, cutting operations, and interest in other turpentine farms as requested, (5) furnishing competent labor to assist the local Inspector in counting faces, (6) submitting an application for participation (Form NSCP-1102) and executing and submitting a performance report (Form NSCP-1104) and other prescribed forms, (7) notifying the Forest Service promptly of any change in ownership or control, and (8) otherwise facilitating the work of the Inspector in checking compliance with the terms and conditions of this subpart.

§ 706.805 Further conditions of payment; performance optional. Producers earning payments on any tracts or drifts for performance under § 706.804 may earn additional payments as set forth in § 706.806 by carrying out one or more of the following practices. A selected practice must be performed on an entire tract or drift.

(a) Chemical stimulation tests. Turpentine farms located in areas where frequent observation by members of the Southeastern Forest Experiment Station is economical may be selected for the experimental application of chemical stimulants to a portion of the faces (not in excess of one crop) currently being worked. The experiments are to be carried out in accordance with conditions prescribed by the Forest Service, and such conditions may permit deviations from the requirements of § 706.804 (a). In such cases payment will be made on not more than one face on trees less than 14 inches d. b. h., and on not more

than 2 faces on trees 14 inches or more d. b. h.

(b) Selective cupping practice. In areas well stocked with turpentine trees of marketable size, the trees to be cupped should be selected for subsequent removal to improve the growing conditions of the timber stand. Selection should be made in a manner that will result in leaving well distributed over the area at least as many round trees 9 inches or more d. b. h. uncupped as are cupped. When such selections are made, and the producer desires to install and work faces on undersized trees, the trees to be worked should be marked and the producer should, before the faces are installed, obtain written permission from the Forest Service to deviate from the face installation requirements. Payment as specified in § 706.806 (a) (4) will be made for those stands in which a minimum of 25 round trees 9 inches or more d. b. h. are left to grow for future gum and wood production; also for stands having less than 25 such trees if the Forest Service finds that the selection will result in equivalent production of future stands of larger trees.

(c) Maintenance of selective cupping practice. (1) Tracts or drifts in which faces were installed during or after the 1944 season in accordance with the selective cupping practice described in paragraph (b) of this section, or the restricted cupping practice described in 7 CFR, 1945 Supp., 706.705 (c) will qualify for payment as specified in § 706.806 (a) (5) provided the original practice is maintained and the faces are worked under this subpart.

(2) If the Forest Service finds that the optional selective cupping practice or the optional restricted cupping practice carried out under previous programs is not maintained in accordance with good conservation practice or the effectiveness of the practice is destroyed, a deduction shall be made for the extent the practice is destroyed or not maintained. The deduction shall be equal to the amount previously paid for the practice destroyed or not maintained.

(d) Conservative installation practice. Cups and tins for virgin faces shall be installed in a manner that will prevent the leakage of gum. If incisions are made they shall not penetrate into the wood more than one-half inch at the deepest point. Exposure of wood below the tins shall be limited to the seating

of cups at the base of trees having burls, ridges or other deformities. If tins are fastened to the tree, cut tacks, hook nails, scaffold nails or similar easily removed devices shall be used unless all nails are 12 inches or less from the ground.

§ 706.806 General provisions relating to payments-(a) Rates of payment. In connection with the utilization of land devoted to growing turpentine trees used in the production of gum, payment will be earned by each qualifying producer at the following rates:

(1) 1 cent per face base payment for each face worked in accordance with the provisions of § 706.804.

(2) 1 cent additional per face for each virgin face installed as prescribed in § 706.804 (a) (1).

(3) 4 cents additional per face for each qualified face included in the test and check drifts comprising chemical stimulation tests as prescribed in

706.805 (a).

(4) 2 cents additional per face for each face qualifying under the selective cupping practice as prescribed in § 706.805 (b).

(5) 1 cent additional per face for each face worked as prescribed in § 706.805 (c) (1).

(6) 1 cent additional per face for each face installed under the conservative installation practice as prescribed in § 706.805 (d).

(b) Increase in small payments. The total payment computed for any producer with respect to his turpentine farm shall be increased as set forth in the schedule contained in 7 CFR, 1945 Supp., 706.606 (c).

(c) Assignments. Any producer who may be entitled to any payment in connection with this subpart may assign his payment, in whole or in part, as security for cash loaned or advances made for the purpose of financing the making of a crop in 1947. No assignment will be recognized unless it is made in writing on Form ACP-69 in accordance with the applicable instructions (ACP-70), witnessed, however, by an Inspector or the Program Supervisor of the Forest Service and filed with the Forest Service, Valdosta, Georgia.

(d) Administrative expenses. No part of the payment for any turpentine farm

shall be deducted for administrative expenses.

(e) Death, incompetency, or disappearance of producer. In case of death, incompetency, or disappearance of any producer, his share of the payment shall be paid to his successor, determined in accordance with the provisions of 7 CFR, Supps., Part 716.

§ 706.807 Payments limited to $10,000-(a) Individuals, partnerships, and estates. The total of all payments made in connection with the 1947 conservation programs to any individual, partnership, or estate with respect to farms, ranching units, and turpentine farms located within a single State, territory, or possession, shall not exceed the sum of $10,000.

(b) Others. The total of all payments made in connection with the 1947 conservation programs to any person other than an individual, partnership, or estate with respect to farms, ranching units, and turpentine farms in the United States (including Alaska, Hawaii, and Puerto Rico) shall not exceed the sum of $10,000.

(c) Evasion. All or any part of any payment which has been or otherwise would be made to any person under this subpart may be withheld or required to be refunded if he has adopted or participated in adopting any scheme or device designed to evade, or which has the effect of evading, the provisions of this section.

§ 706.808 Conservation materials and services-(a) Availability. The title to any materials furnished under this section, either directly or through purchase order, shall vest in the Forest Service until such materials are appropriately applied or used or until all charges for such materials are satisfied.

(b) Deductions for materials and services. Wherever materials or services are furnished, a deduction therefor shall be made in an amount determined by the Forest Service. If the producer misuses any such material or services, an additional deduction for the materials or services misused equal to the amount of the original deduction for the materials or services shall be made. The deduction for materials or services shall be made from any payment to the producer who obtained the materials or services,

but if the amount of the materials or services exceeds the amount of payment for the producer, the amount of the difference shall be paid by the producer to the Treasurer of the United States.

§ 706.809 Appeals. Any producer may, within 15 days after notice thereof is forwarded to or made available to him, request the Regional Forester in writing to review the recommendation or determination of the Program Supervisor in any matter affecting the right to or the amount of payment with respect to the producer's turpentine farm. The Regional Forester shall notify the producer of his decision in writing within 30 days after the submission of the appeal. If the producer is dissatisfied with the decision of the Regional Forester he may, within 15 days after the decision is forwarded to or made available to him, request the American Turpentine Farmers Association Cooperative in writing to appoint a committee of fellow producers to review the case. If the committee does not concur with the decision of the Regional Forester the producer may request the Chief of the Forest Service to review the case and render his decision, which shall be final.

§ 706.810 Application for payment— (a) Persons eligible to file applications. An application for payment may be filed by any producer who is actively engaged in the production of gum naval stores during the 1947 turpentine season. If one producer conducts the operation of a turpentine farm during a portion of the 1947 turpentine season and another producer conducts the operation of the turpentine farm during the remainder of

the season, the producer who last conducts the operation should file the application.

(b) Time and manner of filing applications and information required. Payments will be made only upon applications submitted on or before December 31, 1948, on the prescribed form (NSCP1103), to the Forest Service, Valdosta, Georgia. Payment may be withheld from any producer who fails to file any form or furnish any information required with respect to any turpentine farm which is being operated by him.

§ 706.811 Administration. The Forest Service shall have charge of the administration of this subpart and is hereby authorized to make such determinations and to prepare and issue such bulletins, instructions, and forms as may be required to administer this subpart (subject to the approval of the Bureau of the Budget pursuant to the Federal Reports Act of 1942) pursuant to the provisions of this subpart, and the field work shall be administered by the Forest Service through the office of the Regional Forester, United States Forest Service, Glenn Building, Atlanta, Georgia. The procedural requirements of §§ 706.804 and 706.805, such for example as those relating to notice of proposed action and consent thereto, may be waived by the Forest Service when in its judgment such waiver does not otherwise materially affect compliance with program practices. Information concerning this program may be secured from the Forest Service, Valdosta, Georgia, or from any local Inspector of the Forest Service.

PART 725-BURLEY AND FLUE

CURED TOBACCO

NOTE: For proposed regulations under this part see 11 F.R. 14231, 14249, 14250.

Subpart-1946

PROCLAMATIONS AND DETERMINATIONS

Sec. 725.203

Proclamation increasing the national marketing quota for flue-cured tobacco for the marketing year beginning July 1, 1946. [Added] 725.204 Proclamation decreasing the national marketing quota for Burley tobacco for the marketing year beginning October 1, 1946. [Added] MARKETING QUOTA REGULATIONS-PART I ACREAGE ALLOTMENTS AND NORMAL YIELDS FOR NEW FARMS

725.221 Determination of acreage allotments for new farms. [Amended] 725.222 Time for filing application. [Revised]

725.226 Increase of allotments. [Added] 725.227 Decrease of Burley tobacco allotments. [Added]

MARKETING QUOTA REGULATIONS-PART II

[ADDED] GENERAL

725.228 Definitions.

725.306 725.307

Effective date.

Proclamation of results of the Burley tobacco marketing quota referendum for the three marketing years beginning October 1, 1947. MARKETING QUOTA REGULATIONS PART I

725.234

Person authorized to issue cards.

GENERAL

cards.

Extent of calculations and rule of fractions.

725.238

Report of misuse of marketing card.

725.313

725.314

Instructions and forms.

Applicability of §§ 725.311 to 725.326, inclusive.