prive any other person of any payment | of the 1940 program. Any person havunder any agricultural conservation pro- ing an interest in the cotton crop on a gram to which such person would nor-farm on which cotton is planted in 1940 mally be entitled, the Secretary may on an acreage in excess of the cotton withhold, in whole or in part, from the acreage allotment for the farm for 1940 person participating in or employing shall be presumed to have knowingly such a scheme or device, or require such planted cotton on his farm on acreage person to refund, in whole or in part, the in excess of such farm cotton acreage amount of any payment which has been allotment if notice of the farm allotment or would otherwise be made to such per- is mailed to him prior to the completion son in connection with the 1940 program. of the planting of cotton on the farm, (d) Assignments. Any person who unless the farmer establishes the fact may be entitled to any payment in con- that the excess acreage was planted to nection with the 1940 program may ascotton due to his lack of knowledge of sign his interest in such payment as sethe number of acres in the tract(s) curity for cash loaned or advances made planted to cotton. Such notice, if for the purpose of financing the making mailed to the operator of the farm, shall of a crop in 1940. No such assignment be deemed to be notice to all persons will be recognized unless the assignment sharing in the production of cotton on is made in writing on Form ACP-69 in the farm in 1940. accordance with the instructions (ACP- (f) Use of soil-conserving crops for 70) issued by the Agricultural Adjust-market. Payment will not be made with ment Administration and unless such as- respect to any farm unless on such farm signment is entitled to priority as deter- in 1940 an acreage of cropland or restomined under the instructions governing ration land, not devoted to soil-depleting the recording of such assignments issued crops, is withheld from the production by the Agricultural Adjustment Admin- of soil-conserving crops for market, istration. equal to the acreage by which the normal acreage of soil-depleting crops on such farm exceeds the larger of (1) the total soil-depleting acreage allotment for the farm or (2) the acreage devoted to soil-depleting crops on the farm in 1940: Provided, That payments shall not

conserving crops for market (i) if in the county in which the farm is located the number of cows kept for the production of milk or products thereof for market

Nothing contained in this paragraph (d) shall be construed to give an assignee a right to any payment other than that to which the farmer is entitled nor (as provided in the statute) shall the Secretary or any disbursing agent be subject to any suit or liability if payment | be denied any farmer for using such soilis made to the farmer without regard to the existence of any such assignment. (e) Excess cotton acreage. Any person who makes application for payment with respect to any farm located in a county in which cotton is planted in 1940 shall file with such application a statement that he has not knowingly planted cotton or caused cotton to be planted, during 1940, on land in any farm in which he has an interest, in excess of the cotton acreage allotment for the farm for 1940, and that cotton was not planted in excess of such allotment by his authority or with his consent.

does not exceed the normal number of such cows; (ii) if on such farm the number of cows kept for the production of milk or the products thereof for market does not exceed the normal number of such cows; or (iii) if the Agricultural Adjustment Administration determines either (a) that the farmer has substantially complied with the provisions of this paragraph or (b) that the county, as a whole, is in substantial compliance with such provisions.

Any person who knowingly plants cot- Any farmer shall be deemed to have ton, or causes cotton to be planted on substantially complied with the provisions his farm in 1940 on acreage in excess of this paragraph either if the increase of the cotton acreage allotment for the above normal in the number of dairy farm for 1940 shall not be eligible for cows on his farm does not exceed two any payment whatsoever, on that farm cows or if none of the soil-conserving or any other farm, under the provisions | crops to which such provisions are ap

plicable is used for market other than through the disposition of dairy livestock for slaughter or through the disposition of less than 10 percent of the milk, or products thereof, produced on the farm. A county, as a whole, shall be deemed to be in substantial compliance with such provisions unless: (i) the number of cows kept for the production of milk in the county exceeds by more than 5 percent the normal number of such cows; (ii) the acres retired from soildepleting crops in the county exceed 5 percent of the normal acreage of such crops and exceed 1,000 acres; and (iii) the average number of cows kept for the production of milk exceeds two cows per farm and exceeds two cows per 160 acres of farm land.

for whom, under the provisions of § 701.104, a share in the payment with respect to the farm may be computed and (1) who at the time of its harvest is entitled to share in any of the crops grown on the farm under a lease or operating agreement, or (2) who is owner or operator of such farm and participates thereon in 1940 in carrying out approved soil-building practices, or (3) who as of June 30, 1940, is owner or cash tenant of a farm on which restoration land is designated.

(b) Time and manner of filing application and information required. Payment will be made only upon application submitted through the county office on or before a date fixed by the regional director but not later than March 31, 1941. The Secretary reserves the right The normal acreage of soil-depleting (1) to withhold payment from any percrops and the number of cows kept for the production of milk or the products son who fails to file any form or furnish any information required with respect thereof for market shall be determined to any farm which such person is operfor any farm in accordance with instruc-ating or renting to another person for tions issued by the Agricultural Adjust- a share of the crops grown thereon, and ment Administration, and the Agricultural Adjustment Administration shall determine, from the latest available statistics of the Department, and shall announce the counties not deemed to be in substantial compliance.

As used in this paragraph, the term "for market" means for disposition by sale, barter, or exchange, or by feeding (in any form) to dairy livestock which, or the products of which, are to be sold, bartered, or exchanged, and such term shall not include consumption on the farm. An agricultural commodity shall be deemed to be consumed on the farm if consumed by the farmer's family, employees, or household, or if fed to poultry or livestock other than dairy livestock on his farm or if fed to dairy livestock upon his farm and such dairy livestock, or the products thereof, are to be consumed by his family, employees, or household. As used in this paragraph the term "soil-conserving crops" means grasses and legumes grown on cropland except those listed in the definition of soil-depleting acreage in § 701.103.*†

(2) to refuse to accept any application for payment if any form or information required is not submitted to the county office within the time fixed by the regional director. At least 2 weeks' notice to the public shall be given of the expiration of a time limit for filing prescribed forms, and any time limit fixed shall be such as affords a full and fair opportunity to those eligible to file the form within the period prescribed. Such notice shall be given by mailing the same to the office of each county committee and making copies of the same available to the press.

(c) Applications for other farms. If a person has the right to receive all or a portion of the crops or proceeds therefrom produced on more than one farm in a county and makes application for payment with respect to one of such farms, such person must make application for payment with respect to all such farms which he operates or rents to other persons. Upon request by the State committee any person shall file with the committee such information as it may request regarding any other farm § 701.111 Application for payment— in the State with respect to which he (a) Persons eligible to file applications. has the right to receive all or a portion An application for payment with respect of the crops or proceeds thereof or which to a farm may be made by any person he rents to another for cash.*†

§ 701.112 Appeals. Any person may, | such State and regional bulletins, inwithin 15 days after notice thereof is structions, and forms as may be required forwarded to or made available to him, in administering the 1940 program purrequest the county committee in writing suant to the provisions hereof.*† to reconsider its recommendation or determination in any of the following matters respecting any farm in the operation

of which he has an interest as landlord, tenant, or sharecropper: (a) eligibility to file an application for payment; (b) any soil-depleting acreage allotment, usual acreage, normal or actual yield, measurement, or soil-building goal; (c) the division of payment; or (d) any other matter affecting the right to or the amount of his payment with respect to the farm. The county committee shall notify such person of its decision in writing within 15 days after receipt of such written request for reconsideration. If such person is dissatisfied with the decision of the county committee he may, within 15 days after such decision is forwarded to or made available to him, appeal in writing to the State commit

§ 701.114 Definitions. For the purposes of the 1940 program, unless the context otherwise requires:

(a) Officials. (1) “Secretary” means the Secretary of Agriculture of the United

States.

(2) "Regional director" means the director of the division of the Agricultural Adjustment Administration in charge of the agricultural conservation programs in the region.

(3) "State committee or State agricultural conservation committee" means the group of persons designated within any State to assist in the administration of the agricultural conservation programs in such State.

(4) "County committee or county agricultural conservation committee" means

the group of persons elected within any county to assist in the administration of the agricultural conservation programs in such county.

(b) Areas. (1) "Northeast Region"

tee. The State committee shall notify such person of its decision in writing within 30 days after the receipt of the appeal. If such person is dissatisfied with the decision of the State committee, he may, within 15 days after such decision is forwarded to or made available to him, request the regional director to review the decision of the State Pennsylvania, Rhode Island, and Vercommittee.

Written notice of any decision rendered under this section by the county or State committee shall also be issued to each person known to it who, as landlord, tenant, or sharecropper having an interest in the operation of the farm, may be adversely affected by such decision. Only a person who shows that he is adversely affected by the outcome of any request for reconsideration or appeal may appeal the matter further, but any person who, as landlord, tenant or sharecropper having an interest in the operation of the farm, would be affected by the decision to be made on any reconsideration by the county committee or subsequent appeal shall be given a full and fair hearing if he appears when the hearing thereon is held.*†

§ 701.113 State and regional bulletins, instructions, and forms. The Agricultural Adjustment Administration is hereby authorized to make such determinations and to prepare and issued

means the area included in the States of Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York,

mont.

(2) "East Central Region" means the area included in the States of Delaware, Kentucky, Maryland, North Carolina, Tennessee, Virginia, and West Virginia.

(3) "Southern Region” means the area included in the States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Oklahoma, South Carolina, and Texas.

(4) "North Central Region" means the area included in the States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Nebraska, Ohio, South Dakota,

and Wisconsin.

(5) "Western Region" means the area included in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oregon, Utah, Washington, and Wyo

ming.

(6) "Area A" means the North Central Region, North Dakota, Kansas, and such counties or administrative areas in Ar

(8) "Area C" means the Northeast Re- proceeds of the crops) and is entitled gion.

NOTE: Paragraph (e) (5) of this section was amended by deletion of the words "(excluding artichokes for use other than as vegetables)" prior to the words "on the (e) Miscellaneous. (1) "Person" means farm", and by the addition of the words "and an individual, partnership, association, excluding perennial vegetables in the Northcorporation, estate, or trust, and, wher-east Region)" at the end of the parenthetical ever applicable, a State, a political sub-clause, by Supp. 1, Nov. 25, 1939; 4 F.R. 4698. division of a State, or any agency thereof.

§ 701.115 Authority, availability of funds, and applicability—(a) Authority. (2) "Landlord or owner" means a per- This program is approved pursuant to son who owns land and rents such land the authority vested in the Secretary of to another person or operates such land. | Agriculture under sections 7 to 17, in

CONSERVATION PROGRAM

Subpart A-1939

clusive, of the Soil Conservation and Do- | PART 702-ALASKA AGRICULTURAL mestic Allotment Act (49 Stat. 1148), as amended, and in connection with the effectuation of the purposes of section 7 (a) of said Act in 1940 the payments and grants of aid provided for herein will be made for participation in the 1940 program.

Sec.

702.1
702.2

702.3

702.4

Authority, availability of funds, and
Soil-building practices.
applicability.

Division of payments.

702.5

Increase in small payments.
Payments limited to $10,000.

702.6

702.7
702.8
702.9

General provisions relating to pay

ments.

Application for payment.
Appeals.

Definitions.

and applicability—(a) Authority. Pursu§ 702.1 Authority, availability of funds, ant to the authority vested in the Secretary of Agriculture under sections 7 to 17, inclusive, of the Soil Conservation and

(b) Availability of funds. The provisions of the 1940 program are necessarily subject to such legislation affecting said program as the Congress of the United States may hereafter enact; the making of the payments and grants of aid herein provided are contingent upon such appropriation as the Congress may hereafter provide for such purpose; and the amounts of such payments and grants of aid will necessarily be within the limits Domestic Allotment Act (49 Stat. 1148), finally determined by such appropriation, the apportionment of such appropriation as amended, and in connection with the under the provisions of the Soil Conser-effectuation of the purposes of section 7 (a) of said Act in 1939, payments and vation and Domestic Allotment Act, as amended, and the extent of national par- grants of aid will be made for participaticipation. As an adjustment for partici- tion in the 1939 Agricultural Conservapation the rates of payment and deduc- referred to as the 1939 program) in action Program in Alaska (hereinafter tion with respect to any commodity or item of payment may be increased or decreased from the rates set forth herein by as much as 10 percent.

(c) Applicability. The provisions of the 1940 program contained herein, except § 701.106, are not applicable to (1) Hawaii, Puerto Rico, and Alaska; (2) counties for which special agricultural conservation programs under said Act are approved for 1940 by the Secretary; and (3) public domain of the United States, including land owned by the United States and administered under the Taylor Grazing Act or by the Forest Service of the United States Department of Agriculture, and other lands in which the beneficial ownership is in the United States.

(d) Combination with range program. The Range Conservation Program may be combined with the Agricultural Conservation Program for 1940 in any State or area upon recommendation of the State committee and the approval of the Agricultural Adjustment Administration, in which case range land shall be treated as non-crop pasture and the rangebuilding practices shall be treated as incorporated in the agricultural conservation program.*†

cordance with the provisions hereof and such modifications thereof or other provisions as may hereafter be made.

(b) Availability of funds. The provisions of the 1939 program are necessarily subject to such legislation affecting said program as the Congress of the United States may hereafter enact; the making of the payments and grants of aid herein provided are contingent upon such appropriation as the Congress may hereafter provide for such purpose; and the amounts of such payments and grants of aid will necessarily be within the limits finally determined by such appropriation, the apportionment of such appropriation under the provisions of the Soil Conservation and Domestic Allotment Act, as amended, and the extent of national participation. As an adjustment for participation the rates of allowance, payment, and deduction with respect to any commodity or item of payment may be increased or decreased from the rates set forth herein by as much as 10 percent.

(c) Applicability. The provisions of the 1939 program contained herein, except where the context otherwise indi