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QUARANTINE

§ 319.8, Notice of quarantine. The fact has been determined by the Secretary of Agriculture that an injurious insect known as the pink bollworm of cotton (Pectinophora gossypiella Saunders), new to and not heretofore widely distributed within and throughout the United States, exists in many foreign countries. Under the authority conferred by the Plant Quarantine Act of August 20, 1912, as amended (7 U. S. C. 151 et seq.), the Secretary of Agriculture hereby declares that it is necessary, in order to prevent the introduction into the United States of an injurious insect, to-wit, the pink bollworm of cotton, to forbid the importation into the United States of cottonseed of all species and varieties and cottonseed hulls from any foreign locality and country, excepting only the locality of the Imperial Valley in the Territory of Baja California, Mexico, including that portion of the Valley in the State of Sonora lying between San Luis Mesa and the Colorado River, and the area in the State of Tamaulipas, Mexico, adjacent to the United States, comprising the municipios of Guerrero, Mier, Camargo, Reynosa, Matamoros, Mendez, and San Fernando.

Hereafter and until further notice, by virtue of said Plant Quarantine Act, as amended, the importation for any purpose of cottonseed and cottonseed hulls from all foreign localities and countries, excepting only the locality of the Imperial Valley in the Territory of Baja California, Mexico, including that portion of the Valley in the State of Sonora lying between San Luis Mesa and the Colorado River, and the aforesaid area in the State of Tamaulipas, Mexico, is prohibited. Cottonseed and cottonseed hulls from the excepted locality and area in Mexico may be imported in accordance with the regulations promulgated supplemental to this quarantine.

RULES AND REGULATIONS GOVERNING ENTRY OF COTTONSEED AND COTTONSEED HULLS FROM MEXICO

§ 319.8-1 Applications for and issuance of permits. Persons desiring to import cottonseed and cottonseed hulls shall submit to the Bureau of Entomology and Plant Quarantine an application stating the name and address of the importer, the approximate quantity of cottonseed or cottonseed hulls which it is desired to import, the United States port

of entry, the approximate date of arrival, the place of origin in the Imperial Valley, Mexico, or in the area in the State of Tamaulipas, Mexico, specified in § 319.8, and in the case of cottonseed from the specified area in Tamaulipas, the mill approved by the Chief of the Bureau of Entomology and Plant Quarantine, at which the seed will be crushed. Upon receipt of such application and after approval by the Chief of the Bureau of Entomology and Plant Quarantine, a permit will be issued authorizing the importation from the Imperial Valley, Mexico, or the specified area in the State of Tamaulipas subject to the restrictions and requirements set forth in §§ 319.8-2 to 319.8-5.

§ 319.8-2 Refusal of permits. Permits for the entry of cottonseed and cottonseed hulls from the Imperial Valley, Mexico, may be refused and existing permits may be canceled, unless effective quarantine measures are maintained by the duly authorized officials of Mexico, prohibiting the entry into Baja California of cottonseed, seed cotton, cottonseed hulls, and lint cotton, baled or unbaled, grown in other parts of Mexico or in foreign countries other than the United States.

Permits for the entry of cottonseed and cottonseed hulls originating in the area in the State of Tamaulipas, Mexico, specified in § 319.8, may be refused and existing permits canceled, unless effective quarantine measures are maintained by the duly authorized officials of Mexico, prohibiting the movement into the said specified area of cottonseed and seed cotton from other infested areas of Mexico, or from foreign countries other than the United States, and requiring the sterilization within such specified area of cottonseed in the ginning process and the subsequent handling of the sterilized seed to prevent contamination.

§ 319.8-3 Notice of arrival. Immediately upon the arrival of the cottonseed or cottonseed hulls at the port of entry the permittee shall submit in duplicate a notice, through the collector of customs, on forms provided for that purpose (Form EQ-368).

§ 319.8-4 Conditions of entry of cottonseed and cottonseed hulls. Cottonseed or cottonseed hulls from the Imperial Valley, Mexico, or the area in the State of Tamaulipas, Mexico, specified in § 319.8, shall not be entered or delivered

to the importer or consignee until the collector of customs shall have received a notice in writing from an inspector of the United States Department of Agriculture that such cottonseed and cottonseed hulls have been inspected by him or under his direction, and found to be free from infestation or infection. Each importation shall be subject to such inspection as may be necessary to determine its freedom from injurious insects and plant diseases and to such treatment as may be necessary in connection with pests found present. All charges for storage, cartage, and labor incident to inspection, other than the services of the inspector, shall be paid by the importer.

§ 319.8-5 Other conditions governing the entry of cottonseed and cottonseed hulls from the specified area in the State of Tamaulipas, Mexico. (a) Cottonseed to be eligible for importation into the United States from the area in the State of Tamaulipas, Mexico, specified in § 319.8 also must:

(1) Originate in the municipios of Guerrero, Mier, Camargo, Reynosa, Matamoros, Mendez, and San Fernando, in the State of Tamaulipas.

(2) Have been sterilized during the ginning process, stored in a manner to prevent subsequent contamination, and otherwise handled in a manner and under supervision satisfactory to the Chief of the Bureau of Entomology and Plant Quarantine.

(3) Be accompanied by either a certificate signed jointly by a responsible official of the Mexican Department of Agriculture and by an inspector of the United States Department of Agriculture or by separate certificates one of which is signed by a responsible official of the Mexican Department of Agriculture and the other signed by an inspector of the United States Department of Agriculture, that the products comply with subparagraphs (1) and (2) above.

(4) Be consigned to a destination within, and move into the area of the State of Texas comprising the counties of Cameron, Hidalgo, Starr, and Willacy, where the degree of infestation of the pink bollworm is comparable to that in the adjacent specified area of origin in the State of Tamaulipas, Mexico.

(5) After importation, be handled and crushed under supervision of an inspector of the United States Department of Agriculture in accordance with the require

ments of §§ 301.52-1 to 301.52-12 of this chapter, as applicable to cottonseed produced in the counties of Cameron, Hidalgo, Starr, and Willacy of the State of Texas.

(6) Be imported only during the period of seasonal operation of the mills for crushing cottonseed of United States origin under supervision of inspectors of the United States Department of Agriculture.

(b) Cottonseed hulls to be eligible for importation from the area in the State of Tamaulipas, Mexico, specified in § 319.8, must be certified by an inspector of the United States Department of Agriculture as having been produced from cottonseed originating in the said specified area and from cottonseed which was sterilized during the ginning process and thereafter protected from contamination in manner and under supervision satisfactory to the Chief of the Bureau of Entomology and Plant Quarantine.

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QUARANTINE

§ 319.59 Notice of quarantine. Provided, That this prohibition shall not apply to a quantity of wheat, not to exceed six boatloads, to be imported from southern Australia, through the port of Los Angeles, Calif., by an agency of the Federal Government on or before November 30, 1944, at a rate not exceeding two boatloads per month, for milling at Los Angeles, Calif., and utilization thereafter for feed purposes within the area of the State of California south of and including the counties of Santa Barbara, Ventura, Los Angeles, and a line extended eastward through San Bernardino County from the northern borders of Ventura and Los Angeles Counties. Such importation, milling, distribution, and utilization of this Australian wheat shall be carried out in compliance with the regulations promulgated supplemental to this quarantine. [Proviso added by Amdt. 1, June 9, 1944, 9 F.R. 6390]

REGULATIONS GOVERNING THE ENTRY OF AUSTRALIAN WHEAT INTO SOUTHERN CALIFORNIA

AUTHORITY: §§ 319.59-1 to 319.59-7, inclusive, issued under sec. 7, 37 Stat. 317; 7 U.S.C. 160.

SOURCE: §§ 319.59-1 to 319.59-7, inclusive, contained in B.E.P.Q.-Q. 59, Amendment 1, Acting Secretary of Agriculture, June 9, 1944,

9 F.R. 6389. Exception is noted following section affected.

§ 319.59-1 Applications for and issuance of permits. Upon receipt of an application, giving the name and address of importer, country and locality of origin, United States port of entry, approximate quantity to be imported and approximate date of arrival, a permit will be issued authorizing the importation of Australian wheat through the port of Los Angeles, Calif., during the period from the effective date hereof until December 31, 1944. Permits will be issued subject to the restrictions and requirements set forth in §§ 319.59-2 to 319.59-7.

CODIFICATION: In § 319.59-1 the date "Dec. 31, 1944" was substituted for "Nov. 30, 1944", by B.E.P.Q.-Q. 59, Amendment 2, Nov. 27, 1944, 9 F.R. 14095.

$319.59-2 Notice of arrival. A notice of arrival shall be submitted with each shipment entered at said port on forms provided for the purpose (Form EQ-368).

§ 319.59-3 Inspection and treatment. Each shipment shall be subject to such inspection as may be necessary to determine its freedom from injurious insects and plant diseases, and to such treatment as may be necessary in connection with pests found present.

§ 319.59-4 Safeguards governing unloading and handling at dock. Unloading and handling at the dock shall be under the supervision of an inspector of the Bureau of Entomology and Plant Quarantine, and shall be subject to such safeguard and cleanliness requirements as he may prescribe.

§ 319.59-5 Wheat may be ground in approved mills only. Wheat shipments shall be moved from the dock only to specified, approved mills within the limits of the port for grinding. Movement from dock to mill shall be under the supervision of an inspector of the Bureau of Entomology and Plant Quarantine and shall be carried out in such manner and under such safeguards as he may require.

§ 319.59-6 Identity of product to be maintained. The wheat shall be ground to such state of fineness as will fit it for feeding purposes, and the identity of the product shall be maintained after grinding by marking, certification, or otherwise as the inspector may require.

§ 319.59-7 Distribution for consumption safeguarded by permit. Distribu

tion from the mill into consumption within the specified area shall be made under permit issued under such conditions as will insure that the product does not leave the specified consumption area.

PART 321-RESTRICTED ENTRY ORDERS

Sec. 321.8

Special provision for the importing of potatoes from the Dominion of Canada and Bermuda, the States of Chiapas, Guanajuato, Jalisco, Queretaro, San Luis Potosi, Sonora, and Tamaulipas, Mexico, and the Northern Territory of Baja California, Mexico, into the United States. [Revised]

§ 321.8 Special provision for the importing of potatoes from the Dominion of Canada and Bermuda, the States of Chiapas, Guanajuato, Jalisco, Queretaro, San Luis Potosi, Sonora, and Tamaulipas, Mexico, and the Northern Territory of Baja California, Mexico, into the United States. Potatoes may be imported from the Dominion of Canada and Bermuda into the United States or any of its Territories or Districts, free of any restrictions whatsoever, until otherwise ordered, under the Plant Quarantine Act of August 20, 1912.

Importations from the State of Sonora, Mexico, will be permitted to enter through the ports of Douglas, Naco, and Nogales, Ariz., and such other ports as may be designated in the permit; importations from the States of Chiapas, Guanajuato, Jalisco, Queretaro, San Luis Potosi, and Tamaulipas, Mexico, will likewise be permitted to enter through these ports and, in addition, through the ports of Brownsville, Laredo, Eagle Pass, and El Paso, Tex., and such other ports as may be designated in the permit.

Importations from the Northern Territory of Baja California, Mexico, will be permitted to enter through the ports of Calexico and San Ysidro, Calif., and such other ports as may be designated in the permit.

Importations of potatoes thus authorized entry from Mexico shall be in compliance with the provisions of §§ 321.2 to 321.7 inclusive. (Sec. 5, 37 Stat. 316; 7 U.S.C. 159. 7 CFR 321.1) [B.E.P.Q. Potato Reg. 7, Amdt. 6, Apr. 6, 1944, effective Apr. 15, 1944, 9 F.R. 3761]

Part

CHAPTER IV-WAR FOOD ADMINISTRATION

(Crop Insurance)

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contract, without the consent of the Corporation, and (ii) failure properly to apply irrigation water to cotton in proportion to the water available for all irrigated crops in instances in which insurance is written on an irrigated basis, a number of pounds equal to the appraised reduction in production, except that with respect to any acreage on which there is a complete failure in yield due solely to a cause not insured against, such number of pounds shall not be less than the product of the acreage, the average yield, and the insured percentage. [Subparagraph (3) amended Apr. 5, 1944, 9 F.R. 3677]

Part

CHAPTER VI-WAR FOOD ADMINISTRATION

(Soil Conservation)

601 Land utilization program under the Bankhead-Jones Farm Tenant Act. [Amended]

PART 601-L AND UTILIZATION PROGRAM UNDER THE BANKHEAD-JONES FARM TENANT ACT

Sec. 601.11

Administration of land conservation and land utilization program. [Amended]

§ 601.11 Administration of land conservation and land utilization program—(a) Functions designated to Chief or Acting Chief of Service. In connection with the administration of the Land Conservation and Land Utilization Program authorized by Title III and the related sections of Title IV of the Bankhead-Jones Farm Tenant Act, The Chief or Acting Chief of the Soil Conservation Service, or any employee of the Department whom either of them may designate in writing, are hereby specifically authorized, on behalf of the United States in connection with the projects previously approved by the Secretary, or projects which may hereafter be approved by the Administrator, subject to approval by the War Food Administrator of important changes in policy and with due regard in every instance to the protection of the interests of the United States, to perform the functions hereinafter outlined. The requirements of Departmental Regulation 17121 which conflict with this authorization are hereby waived.

(1) Exercise options to purchase, accept donations and devises, and execute leases, licenses, and other forms of contracts for the acquisition of real property or any interest therein, subject to any reservations or exceptions which will not interfere with the use of the property for the purposes of the project, as approved; Provided, No donation or devise of lands shall be accepted unless

1 Departmental Regulation 1712 does not appear in the Code of Federal Regulations.

funds are available to maintain and administer such lands.

(2) Determine whether public buildings, within the meaning of section 355 of the Revised Statutes, will or will not be constructed upon individual tracts of land under contract of purchase.

(3) Execute contracts or agreements, subject to the approval of the Solicitor, for the purchase of abstracts or certificates of title in connection with the acquisition of real property or any interest therein.

(4) Determine whether any proposed set-off against a payment to be made to any person under Title III of the Bankhead-Jones Farm Tenant Act, by reason of any indebtedness of such person to the United States, would affect adversely the objectives of that act. If it is found that such set-off would not affect adversely the objectives of the act, the setoff may be made. If it is found that the set-off would affect adversely the objectives of the act, such findings shall be submitted to the Administrator review.

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(5) Exercise all functions under Public Law No. 683, 77th Congress, 2d Session, approved July 28, 1942 (56 Stat. 725; 7 U.S.C., Sup., 1011), incident to the exchange of lands administered under Title III of the Bankhead-Jones Farm Tenant Act and execute deeds involved in such exchanges. The title to the land accepted in exchange shall be approved by the Solicitor prior to the completion of the exchange.

(6) Execute life leases to the grantors or occupants of lands acquired, provided their occupancy and use will not interfere with the purposes of the project.

(7) Execute easements, leases, licenses, permits, and other forms of contracts permitting the construction and maintenance of telephone lines, pipe lines, roads, irrigation and drainage ditches, etc., (but not those power lines, licenses for which are required by law to be granted by the Federal Power Commission), across project areas when such

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