limited to a total of not more than 1000 trees for any producer. (b) Drift marking requirements. Any tract containing over 3000 faces installed during or after the 1945 turpentine season or other faces which are redrifted during the 1946 turpentine season shall be divided into drifts containing not less than 500 nor more than 3000 faces. Roads, fences, railroads, cleared rights-of-way, streams, and other easily followed landmarks may be used as drift lines. In the absence of such landmarks, all such drift lines shall be clearly marked by paint so that they can be followed in the field without a guide. On each side of all drift lines in such tracts at points of entrance, road crossings, corners, etc., and at intervals of not more than 450 yards along the drift line, the number or other identifying mark of the drift shall be clearly indicated, either by painted figures on a tree or on a board or other object attached to a tree. No payment will be made for faces installed during or after the 1945 turpentine season which are not subdivided into drifts and marked as required or for faces in redrifted tracts which are not marked as required. The drift lines in other tracts shall, in the absence of such above-mentioned landmarks, be marked either by paint or non-injurious blazes so that they can be followed in the field without a guide. (c) Fire protection requirements. To promote natural reforestation on land which is not fully stocked and to prevent damage to established forest stands on (1) turpentine farms (owned or leased) and (2) all other commercially valuable or potentially valuable forest land owned by the producer, all fire control operations during the calendar year 1946 shall be conducted in a manner that will meet the applicable requirements, as follows: (1) On fee-owned land the producer shall participate in any existing cooperative fire control system contiguous to such land, pay any assessment that may be levied against him for the purpose of forest fire protection and otherwise assist in the fire control work of the protection system. Where no such system exists, the producer shall exercise ordinary diligence in protecting such land from damage by fire. (2) Areas being worked for naval stores may be burned but such burning shall be conducted in a manner that will prevent the destruction of established young growth and the escape of fire to adjacent land. On fee-owned land when the burning reduces the stand to less than 200 thrifty pine trees per acre or destroys any established pine reproduction in stands having less than 200 pine trees per acre before burning, a deduction of $1.00 per acre for each such acre in excess of 5 acres will be made. On lands supporting trees leased and operated for naval stores when any burning in any tract or drift reduces the stand to less than 200 thrifty pine trees per acre or destroys any established pine reproduction in stands having less than 200 pine trees per acre before burning a deduction of 40% of the payment earned for the faces in the tract or drift will be made. When fire set by the producer is allowed to escape to adjacent forest land and effective suppression action is not taken a deduction of 50¢ per acre will be made for each acre burned on adjacent land. (3) On fee-owned land not being worked for naval stores, controlled (prescribed) burning may be practiced only on adequately stocked land (200 or more established pine trees per acre). When such burning reduces the stand to less than 200 thrifty pine trees per acre a deduction of $1.00 per acre for each such acre in excess of 5 acres will be made. When inadequately stocked fee-owned land not being worked for naval stores is burned and there is no evidence that effective suppression action was taken a deduction of 10¢ per acre for each acre so burned will be made. When fire is allowed to escape to adjacent land and effective suppression action is not taken a deduction of 50¢ per acre will be made for each acre burned on adjacent land. (4) When requested the producer shall report all areas burned during the calendar year on his turpentine farm and on other timber land owned by him. (5) Deviations from the above fire protection requirements may be authorized in writing in cases where the producer is following a plan of management which is designed to provide equivalent production of future stands or equivalent reforestation of desirable species. (d) Timber cutting requirements. To promote continued production and to provide for restocking of timber upon which the naval stores, pulp and paper, lumber, and other wood-using industries are dependent, all cutting operations in timber stands owned by the producer and all cutting operations conducted in timber stands on leased areas of the producer's turpentine farm shall, during the calendar year 1946, meet the applicable requirements, as follows: (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 where other than turpentine trees predominate, or 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 should 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. for pine species, and 12 inches or more d. b. h. for other species, are left uncut and undamaged on the cut-over area. (4) Deviations from the above timber cutting requirements may be authorized 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, 1947. (6) When cutting operations on lands owned by the producer on any part or all of the cutting area do not meet the above timber cutting requirements or are contrary to good forestry practice, there shall be deducted from the payment earned by the producer $5.00 for each acre in excess of 5 acres on which these requirements are not met during the calendar year 1946, but the failure to meet such requirements shall not disqualify the producer from receiving the balance of the earned payment remaining after such deduction. (7) When the timber cutting requirements of this section are not met in the tracts or drifts of faces on lands leased and operated for naval stores purposes, 40% of the earned payment for such tracts or drifts will be deducted. (8) When any trees having faces worked under this subpart are to be cut, the producer shall notify the Forest Service at least 15 days before cutting begins. Payment may be made on faces on trees which are cut after October 15, 1946: Provided, That before such trees are cut the producer has received written permission for such cutting. (9) The producer shall notify the Forest Service prior to the close of this subpart of all cutting operations conducted during the calendar year on his turpen tine farm and in other stands owned by him. Any producer desiring advice from Forest Service representatives on his cutting problems should request the assistance of the local Inspector at least 15 days in advance of any cutting operations. (e) Face working requirements. All faces worked must be on trees which meet the diameter requirements of paragraph (a) of this section. (1) Streaks shall be made at no greater frequency than one per week; Provided, That during the months of May to September, inclusive, two streaks per week may be made. (2) Faces must average, by tracts or drifts, at least 16 streaks by November 15, 1946; Provided, That where chemical stimulation is used a minimum of 10 streaks applied at intervals of at least two weeks will be acceptable. (3) Total streaks per face, averaged by tracts or drifts, shall not exceed 18 inches in vertical measurement between shoulders of the first streak and shoulders of the last streak of the 1946 turpentine season; Provided, That in special cases heights up to 24 inches may be approved in writing. (4) Faces in any tract or drift which average, at the beginning of the 1946 turpentine season, 90 inches or more in vertical measurement at the highest side between the shoulders of the first streak and shoulders of the last streak will not qualify for payment. (f) General requirements. Each producer shall assist representatives of the Forest Service in the administration of this program 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 prior to the time the crop analysis form is executed, (4) declaring his interest in other turpentine farms and timber lands, (5) furnishing competent labor to assist the local Inspector in counting faces, (6) submitting a work sheet (Form No. NSCP-1002) and executing a crop analysis (Form No. NSCP-1004) and other prescribed forms, (7) keeping records of the number of streaks currently made on all faces in each tract or drift and furnishing such records upon request, (8) notifying the Forest Service promptly of any change in ownership or control after the crop analysis form is executed, and (9) otherwise facilitating the work of the Inspector in checking compliance with the terms and conditions of this subpart. § 706.705 Further conditions of payment; performance optional. Producers complying with the requirements of § 706.704 may elect to carry out during the 1946 turpentine season one or more of the following practices on any entire tract or drift of their turpentine farms and earn additional payments as set forth in § 706.706, if notice of such performance is indicated on the crop analysis form. (a) Chemical stimulation tests. Turpentine farms located in areas where frequent observation by members of the Southern 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 § 706.704 (a). In such cases payment will be made on not more than one face on trees under 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 containing sufficient trees to permit the selection of trees to be cupped, at least as many round trees as are cupped shall be left uncupped. The uncupped trees shall be round and 9 inches or more d. b. h., and not less than 25 such trees per acre shall be left, well distributed over the area, for future gum or wood production. Within such areas deviations from the requirements of § 706.704 (a) may be authorized in writing. (c) Restricted cupping practice. In areas containing 25 or more round turpentine trees 9 inches or more d. b. h. per acre, well distributed over the area, which are intermingled with trees having one or more worked-out faces, cupping shall be restricted to back faces on previously worked trees and pick-up faces on scarred trees. No one tract or drift will be considered as qualifying under paragraphs (b) and (c) of this section. (d) Repayment for selective or restricted cupping practices. Faces installed and worked prior to this subpart in accordance with the requirements of paragraph (b) or (c) of this section will qualify for additional payment, provided the face height at the beginning of the 1946 season is 30 inches or less. If there is a Naval Stores Conservation Program for 1947, such faces which are 30 inches or less in height at the beginning of the 1947 season may continue to earn additional payments. (e) 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. (f) Good elevating practice. Cups and tins shall be installed on the face in a manner that will prevent the leakage of gum. Incisions, if used, shall be shallow and tins shall be attached by cut tacks, hook nails, scaffold nails or similar easily removed devices. The distance from the peak of the face to the tins at the beginning of the season shall not exceed 12 inches. All nails and tins below the cup and over 12 inches from the ground shall be removed. § 706.706 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 made to each producer operating his turpentine farm in accordance with the following rates: (1) 1 cent per face for each face worked in accordance with the provisions of § 706.704. (2) 4 cents additional per face for each face in areas selected for chemical stimulation as prescribed in § 706.705 (a). (3) 2 cents additional per face for each face installed under the selective cupping practice as prescribed in § 706.705 (b). (4) 1 cent additional per face for each face installed under the restricted cupping practice as prescribed in § 706.705 (c). (5) 1 cent additional per face for each face installed and worked as prescribed in § 706.705 (d). (6) 14 cent additional per face for each face installed under the conservative installation practice as prescribed in § 706.705 (e). (7) 4 cent additional per face for each face elevated under the good elevating practices as prescribed in § 706.705 (f). (b) Increase in small payments. The total payment computed for any producer with respect to his turpentine farm shall be increased in accordance with the provisions of § 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 1946. 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 Central Field Office of the Forest Service, Valdosta, Georgia. (d) Administrative expenses. No part of the payment for any turpentine farm shall be deducted for administrative expenses. § 706.707 Payments limited to $10,000-(a) Individuals, partnerships, and estates. The total of all payments made in connection with the 1946 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 1946 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. § 706.708 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. § 706.709 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. § 706.710 Application for payment(a) Persons eligible to file applications. An application for payment may be made by any producer who is actively engaged in the production of gum naval stores during the 1946 turpentine season. If one producer conducts the operation of a turpentine farm during a portion of the 1946 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 make the application. (b) Time and manner of filing applications and information required. Payments will be made only upon applications submitted on or before June 30, 1947, on the prescribed form (NSCP1003), to the Central Field Office of 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. § 706.711 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 hereof, 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. Information concerning this subpart may be secured from the Program Supervisor, Central Field Office of the Forest Service, Valdosta, Georgia, or from any local Inspector of the Forest Service. |