6. Give names and addresses of firms with whom you have unfilled contracts and the amount remaining to be filled in the next two years. Name Address Unfilled Contracts, Units WO3 7. Please give names and addresses of any new tungsten ore producers: CERTIFICATION: The undersigned company, and the official executing this certification on its behalf, hereby certify that the information contained in this report is correct and complete to the best of their knowledge and belief. Name of Company Date By Signature of authorized official Title Title 18, U.S. Code (Crimes), Section 1001, makes it a criminal offense to make a wilfully false statement or representation to any department or agency of the United States as to any matter within its jurisdiction. EXHIBIT 38 DMA MINERAL ORDER 7 [MO-7]—SERIALIZATION OF MINES, MO-7 as amended MAY 10, 1951 UNITED STATES DEPARTMENT OF THE INTERIOR DEFENSE MINERALS ADMINISTRATION TITLE 32A-NATIONAL DEFENSE, APPENDIX CHAPTER XII-DEFENSE MINERALS ADMINISTRATION, DEPARTMENT OF THE INTERIOR [Mineral Order 7, As Amended] MO-7-SERIALIZATION OF MINES, SMELTERS, AND MINERAL PROCESSING PLANTS This order, as amended, is found necessary and appropriate to promote the national defense and is issued pursuant to the authority granted by the Defense Production Act of 1950. In the formulation of this order, there has been consultation with industry representatives, including trade association representatives, and consideration has been given to their recommendations. Section 5 of this order constitutes new material; sections 2 (d), 4 and 6 are amended. As amended, the order reads as follows: Sec. 1. What this order does. 2. Definitions. 3. Applicability of order. 4. Serialization of mines, smelters and mineral processing plants. 5. Application by small producers. 6. Application by foreign producers. 7. Records and reports. 8. Adjustments and exceptions. 9. Violations. AUTHORITY: Sections 1 to 9 issued under sec. 704, Pub. Law 774, 81st Cong. Interpret or apply sec. 101, Pub. Law 774, 81st Cong.; sec. 2, E. O. 10200, Jan. 3, 1951, 16 F. R. 61; 3 CFR, 1950 Supp. SECTION 1. What this order does. The purpose of this order is to provide, by serialization of mines (other than petroleum, solid fuels and natural gas), nonferrous smelters, and mineral processing plants, the requisite information to enable the Defense Minerals Administration adequately to provide priority and allocation assistance under its programs relating to the maintenance and acquisition of facilities, machinery, equipment, and operating supplies by the mining industry. SEC. 2. Definitions. For the purposes of this order: (a) "Person" means any individual, corporation, partnership, or association, and includes any agency of the United States, or any other government or citizen thereof. (b) "Producer" means any person operating a mine (other than petroleum, solid fuels and natural gas), a nonferrous smelter, or mineral processing plant. (c) “Mine" means an operation (whether underground, open-pit, quarry or dredging), conducted for the primary purpose of extracting minerals (excepting solid fuels, petroleum and natural gas), and includes prospecting enterprises for the discovery, exploration or development of new or additional mining projects. (d) "Smelter" means a plant producing nonferrous metals by smelting or refining. (e) "Mineral processing plant" means a plant engaged in the beneficiation or concentration of ores. SEC. 3. Applicability of order. This order shall apply to producers in the United States, its Territories and Possessions and to those producers in foreign countries who apply for assistance and when the Economic Cooperation Adminis tration, Office of International Trade, or the Canadian Division of the National Production Authority may represent as eligible for the programs of the Defense Minerals Administration. SEC. 4. Serialization of mines, smelters and mineral processing plants. Allocation assistance under the programs of the Defense Minerals Administration as set forth in section 1 of this order, will be given only to producers who have been granted serial numbers as provided in this order. Each producer, except producers subject to the provisions of sections 5 and 6 of this order, shall file an application for serialization with the Defense Minerals Administration, Depart ment of the Interior, Washington 25, D. C., on Form MF-100, not later than June 30, 1951. Producers commencing operations subsequent to June 30, 1951, are not prohibited from making application at a later date. SEC. 5. Application by small producers. Any producer, who produces or processes fifty (50 tons or less of crude ore per week, in applying for a serial number, need furnish only the information required by questions 1, 3, 10, and 16 of Form MF-100 and execute the certification provided therein, or in lieu of using Form MF-100 such producer may submit in a letter the following information: (a) Kind of material produced or processed, and byproducts, if any; (b) Location of operations: Give county, State, township, section, range, mining district, and distance to nearest town and shipping point. (c) Number and types of labor employed. (d) Quantity and kind of product mined or processed and sold during 1948, 1949, 1950 and present monthly average. Applications made pursuant to this section shall be filed with the Defense Minerals Administration, Department of the Interior, Washington 25, D. C., or with the nearest field executive officer of the Defense Minerals Administration, not later than June 30, 1951. Schedule "A" hereof sets forth the addresses of the field executive officers. SEC. 6. Application by foreign producers. Foreign producers seeking assistance as set forth in section 1 of this order shall apply for serialization with the Defense Minerals Administration on Form MF-100 through the facilities of the Economic Cooperation Administration, or the Office of International Trade, except in the case of Canadian producers, who shall file through the facilities of the Canadian Division of the National Production Authority. Applicants processing applications through the facilities of the Office of International Trade are referred to the additional informational requirements imposed by said agency as set forth in Part 398 of Export Control Regulations, sub-chapter C of Chapter III of Title 15 of the Code of Federal Regulations. SEC. 7. Records and reports. Any producer granted serialization under the provisions of this order shall keep such records and submit such reports as the Defense Minerals Administration shall require, subject to the terms of the Federal Reports Act (5 U. S. C. 139-139F). SEC. 8. Adjustments and exceptions. Any producer affected by any provision o fthis order or by any action taken thereunder may file a request for adjustment or exception upon the ground that such provision or action works an undue or exceptional hardship upon him not suffered generally by others in the same industry, or that its enforcement against him would not be in the interest of the national defense or in the public interest. In considering requests for adjustment claiming that the public interest is prejudiced by the application or any provision of this order or by any action thereunder, consideration will be given to the requirements of the public health and safety, civilian defense, and dislocation of labor and resulting unemployment that would impair the defense program. Each request shall be in writing, in duplicate, and shall set forth all pertinent facts, the nature of the relief sought, and the justification therefor. SEC. 9. Violations. Any person who wilfully violates any provision of this order or wilfully conceals a material fact or furnishes false information in the course of operation under this order is guilty of a crime and upon conviction may be punished by fine or imprisonment or both. In addition, administrative action may be taken against any such person to suspend his privilege of making or receiving further deliveries of materials or using facilities under priority or allocation control and to deprive him of further priorities assistance. NOTE: All reporting and record-keeping requirements of this order have been approved by the Bureau of the Budget in accordance with the Federal Reports Act. This order, as amended, shall take effect upon publication in the Federal Register. JAMES BOYD, Administrator, Defense Minerals Administration. 82354-52-49 SCHEDULE A-ADDRESSES OF FIELD EXECUTIVE OFFICERS OF THE DEFENSE MINERALS ADMINISTRATION II. III. IV. V VI VII. VIII. Area served Washington, Oregon, Idaho, and Montana. North Dakota, South Dakota, Nebraska, Kansas, Louisiana, Oklahoma, Texas, Tennessee, North Carolina, South Caro- Illinois, Indiana, Ohio, Kentucky, Vir- Address Federal Bldg., P. O. Box 2990, Juneau, Alaska. Bureau of Mines, P. O. Box 431, Joplin, Mo. Eastern Experiment Station, College Park, Md. EXHIBIT 39 DMA MINERAL ORDER 8 [MO-8]-MOLYBDENUM CONCENTRATESRESTRICTIONS ON DELIVERIES MO-8 JUNE 8, 1951 DEPARTMENT OF THE INTERIOR DEFENSE MINERALS ADMINISTRATION TITLE 32A-NATIONAL DEFENSE, APPENDIX CHAPTER XII-DEFENSE MINERALS ADMINISTRATION, DEPARTMENT OF THE INTERIOR [Mineral Order 8] MO-8-MOLYBDENUM CONCENTRATES This order is found necessary and appropriate to promote the national defense and is issued pursuant to the authority granted by section 101 of the Defense Production Act of 1950. In the formulation of this order, there has been consultation with industry representatives and consideration has been given to their recommendations. AUTHORITY: Sections 1 to 11 issued under sec. 704, Pub. Law 774, 81st Cong. Interpret or apply sec. 101, Pub. Law 774, 81st Cong.; sec. 2, E. O. 10200, Jan. 3, 1951, 16 F. R. 61. SECTION 1. What this order does. The purpose of this order is to conserve and provide for an equitable distribution of the limited supply of molybdenum concentrates so as best to serve the interests of the national defense program, and essential civilian production. It permits delivery of molybdenum concentrates only upon the expressed authorization of the Defense Minerals Administration. It applies equally to domestic shipments and to exports for foreign consumption. The use and consumption of molybdenum concentrates by producers is restricted. SEC. 2. Definitions. As used in this order: (a) "Person" means any individual, corporation, or division thereof, partnership, association, or any other organized group of persons, and includes any agency of the United States or any other government, and authorized representatives thereof. (b) "Molybdenum concentrates" means and includes: (1) All natural molybdenum ore containing 30 percent or more of molybde num. (2) All natural molybdenum concentrates containing 30 percent or more of molybdenum in the mineral form. (c) "Use" means the conversion of molybdenum concentrates into any molybdenum product including, but not limited to, molybdenum oxides, ferro-molybdenum, and all primary molybdates. SEC. 3. Restrictions on deliveries. (a) After June 30, 1951, no person shall deliver or accept delivery of molybdenum concentrates in any calendar month except in accordance with the written authorization of the Defense Minerals Administration issued for that month. (b) Any person seeking an allocation of molybdenum concentrates shall make application to the Defense Minerals Administration not later than the 15th day of the month preceding the month in which delivery is sought. An application for an allocation for delivery in July 1951 must be filed not later than June 15, 1951. The Defense Minerals Administration may from time to time change the dates for filing applications, in which case all interested parties will be notified. (c) Deliveries authorized for a specific month may not be made or received in a subsequent month. (d) An application for an allocation shall be filed in the form of a letter containing the following information: (Data as to quantity shall be in terms of pounds of contained molybdenum.) (1) Name and address of applicant, (2) location of plant for which allocation is requested, (3) quantity of molybdenum concentrates sought, (4) quantity of molybdenum concentrates on hand or in transit, and (5) name and address of supplier, if any. SEC. 4. Application by foreign consumers. (a) Application of consumers located in the following countries shall be filed with the Economic Cooperation Administration: Applications of consumers located in Canada shall be filed with the Department of Defense Production, Ottawa, for forwarding to the Canadian Division of the National Production Authority. Applications of all other foreign consumers shall be filed with the Office of International Trade. Such applications shall meet the informational and filing requirements contained in section 3 of this order and such other requirements as the aforesaid Government agencies may prescribe. (b) No application of a foreign consumer shall be considered by the Defense Minerals Administration (1) unless filed in accordance with paragraph (a) of this section and (2) it bears the endorsement of the Government agency processing the application. SEC. 5. Allocations. The Defense Minerals Administration shall allocate the supply of molybdenum concentrates by directing deliveries of specific amounts to specific applicants. Such direction shall require a supplier to make delivery to the extent of the applicant's purchase order within the limits of the directive. SEC. 6. Exemption. Exempted from the provisions of section 3 of this order are deliveries to any person whose total receipts from all sources during the calendar month in which such deliveries are received are not thereby made to exceed 200 pounds of molybdenum concentrates, and who delivers a signed certification to his supplier as follows: "Certified under DMA Order MO-8". Such certification constitutes a representation to the supplier and to the Defense Minerals Administration that the purchaser is authorized under the provisions of this |