acquired only at prices and with title satisfactory to the Secretary of Agriculture.

(c) Project Supervisors will determine the extent of land development to be carried out on acquired land, which work may be done either by contract after competitive bids have been received or by force account, with the Soil Conservation Service hiring the labor and purchasing the materials. Project lands and irrigation distribution systems in private ownership likewise may be developed or improved under the contract with the owner upon his request to the Project Supervisor, who will furnish information regarding the conditions under which the work will be prosecuted.

(d) Acquired project lands will be sold, insofar as practicable, in familysize farm units, as determined by State Conservationists. Prior to the time project lands have been developed for irrigation and irrigation water is available, land acquired by the Government may be leased to qualified operators upon application to the project supervisor. After acquired lands have been developed for irrigation and irrigation water is available, State Conservationists will advertise the number of family-size units on projects which will be available for sale and the number which will be available for lease, with option to purchase, at any specified time, except that no advertisement will be made as to units to be sold to persons to whom commitments to purchase were made prior to September 11, 1946, and who have been approved by the Family Selection committee. Developed tracts of land less than familysize farms will be sold without advertising to local farmers who now own less than economic family-size farms when their applications are approved by the Family Selection committee. Application forms, for showing the applicant's qualifications, and information concerning the purchase of project farms may be obtained from the respective project supervisors or State Conservationists. Prospective tenants and purchasers must, insofar as practicable, be in need of a family-type farm; be citizens of the United States; have had previous experience in farming where the major portion of the family income was from

the farm; have a satisfactory credit reputation; and own or be in a position to secure necessary equipment and livestock to operate the land for which application is being made. In addition, prospective purchasers must be free from permanent infectious diseases or disabilities that are likely to obstruct the fulfillment of their obligations incident to the purchase of the farm. Applicants will be considered and passed upon by a Family Selection committee composed of seven persons residing in the community or county in which the project is located. The applicants will be notified of the action taken by the Family Selection committee.

(53 Stat. 1418, as amended; 16 U. S. C. 590y)

§ 600.7 Appeals from administrative action. In the case of any administrative action taken or decision made pursuant to authority delegated by the Administrator, any member of the public may make an appeal by filing with the officer who made the decision a written request for reconsideration thereof or a notice of appeal. A decision of such officer shall be final unless an appeal is taken therefrom within a reasonable length of time by the person aggrieved. The decision appealed from shall be reviewed by the immediate superior of the officer by whom the decision was made; that is, in the following order: By State Conservationists and the Administrator. Unless a written notice of appeal contains an acceptable reason for allowing a longer time for the preparation of the case, the appellant shall file immediately a statement setting forth in detail the respect in which the action or decision from which the appeal is being taken is contrary to or in conflict with the law, Departmental or Federal regulation, or the determined facts. Upon receipt of such statement the officer from whose decision or action the appeal is taken shall prepare a statement presenting the facts and considerations upon which the decision or action was taken. The appellant's statement, together with the officer's statement and all papers comprising the records of the case, shall be then transmitted to the officer to whom the appeal is taken, who will thereupon review the case and notify both the appellant and the officer of the decision.

FORMS AND CUSTODY AND INSPECTION OF RECORDS 711.34 Forms and custody and inspection of records.

EXTENSION TO PUERTO RICO

711.36 Applicability of regulations to Puerto Rico.

AUTHORITY: §§ 711.1 to 711.36 issued under sec. 375, 52 Stat. 66, as amended; 7 U. S. C. 1375. Statutory provisions interpreted or applied are cited to text in parentheses.

SOURCE: 711.1 to 711.36 contained in 88 AAA-2 Rev., 12 F. R. 1383, Feb. 27, 1947, except as otherwise noted. See also 19 F. R. 395, Jan. 22, 1954.

DEFINITIONS

§ 711.1 Definitions. As used in the regulations in this part:

(a) The term "Act" means the Agricultural Adjustment Act of 1938, as amended (52 Stat. 31; 7 U. S. C. 12811407).

(b) The term "Secretary" means the Secretary of Agriculture of the United States or any officer or employee of the Department to whom authority has been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(c) The term "Hearing Clerk" means the Hearing Clerk, United States Department of Agriculture, Washington 25, D. C.

(d) The term "review committee" means the review committee appointed by the Secretary of Agriculture pursuant to section 363 of the act.

(e) The terms "State Committee," "county committee," and "community committee" mean the committees selected pursuant to section 8 (b) of the Soil Conservation and Domestic Allotment Act, as amended (49 Stat. 1148; 16 U. S. C. 590h (b)).

(f) The term "acreage allotment" means an acreage allotment established under Title III of the act.

(g) The term "quota" means a marketing quota established under Title III of the act, and, for purposes of review, shall be deemed to include the acreage allotment, normal yield or actual yield established or determined in connection therewith.

(h) The term "application" means an application for review of a quota under section 363 of the act.

PUBLICATION OF ACREAGE ALLOTMENTS AND QUOTAS AND NOTICE OF QUOTAS

§ 711.2 Publication. (a) Immediately upon the establishment of acreage allotments and of quotas for any commodity, the county committee shall prepare a list or other compilation containing the information specified in §§ 711.3 and 711.4.

(b) A copy of the list or other compilation so prepared shall be posted for not less than thirty days in a conspicuous place in the county (or in each local administrative area in the county if the county is divided into two or more local administrative areas) and shall be permanently kept freely available for public inspection in the office of the county committee.

(Sec. 362, 52 Stat. 62, as amended; 7 U. S. C. 1362)

§ 711.3 List or other compilation of acreage allotments. The list or other compilation shall contain the following information relating to acreage allotments:

(a) The acreage allotment for each farm or, in the case of rice, for each producer; or, if after considering the eligibility for an allotment of a farm or a producer it has been determined that no acreage allotment is to be established for such farm or such producer, the word "none" shall be inserted as the amount of the acreage allotment.

(b) The identification of the farm by giving the name of the owner or operator of the farm and the serial number thereof; in the case of rice, the name and serial number of the producer shall be given.

(c) The calendar year or crop for which such acreage allotment is made. (Sec. 362, 52 Stat. 62, as amended; 7 U. S. C. 1362)

§ 711.4 List or other compilation of quotas. The list or other compilation shall contain the following information relating to quotas:

(a) The acreage allotment, if any, for each farm or, in the case of rice, for each producer; or, if after considering the eligibility for an allotment of a farm or a producer it has been determined that no acreage allotment is to be established for such farm or such producer, the word

"none" shall be inserted as the amount of the acreage allotment.

(b) The normal yield per acre for each farm wherever applicable.

(c) The quota for each farm or, in the case of rice, for each producer, expressed insofar as practicable in applicable units, such as pounds, bales, barrels or bushels; or, if after considering the eligibility for an allotment of a farm or a producer it has been determined that no quota is to be established for such farm or such producer, the word "none" shall be inserted as the amount of the quota.

(d) The identification of the farm by giving the name of the owner or operator of the farm and the serial number thereof; in the case of rice, the name and serial number of the producer shall be given.

(e) The marketing year, or the crop, whichever is applicable, for which such quota is effective.

(Sec. 362, 52 Stat. 62, as amended; 7 U. S. C. 1362)

§ 711.5 Notice of acreage allotments and quotas. (a) Immediately upon the establishment of quotas for any commodity, the county committee shall mail a written notice thereof to the producer, in the case of rice, and to the operator of the farm, in the case of any other commodity. If, after considering the eligibility for an acreage allotment of a farm or a producer, it has been determined that no quota is to be established for such farm or such producer, the notice shall contain the word "none" as the amount of the quota. A notice to the operator of the farm shall contain at or near the top thereof the following statement: "To all persons who as operator, landlord, tenant or sharecropper are interested in the farm for which this quota is established," and such notice shall constitute notice to all such persons. The notice shall contain the information required by §§ 711.3 and 711.4 for publication. The notice shall contain also, on the face or back thereof, a brief reference to, or statement of, the procedure whereby application for review of the quota may be made.

(b) A copy of each notice, containing thereon the date of mailing, shall be kept among the records of the county committee, and, upon request, a copy of such notice, certified by the secretary of the county committee as true and cor

rect, shall be furnished without charge to any person interested in the farm in respect to which the quota is established. (Sec. 362, 52 Stat. 62, as amended; 7 U. S. C. 1362)

§ 711.6 Other regulations. The provisions of §§ 711.2 through 711.5 may be supplemented by regulations issued by the Secretary of Agriculture in respect to acreage allotments or quotas for any specific commodity.

(Sec. 362, 52 Stat. 62, as amended; 7 U. S. C. 1362)

APPLICATION FOR REVIEW OF QUOTAS

§ 711.7 Manner and time of filing application for review. An application shall be in writing and addressed to, and filed with, the secretary of the county committee from which the notice of quota was received. The application shall be filed within fifteen days after the date of mailing of the notice. (Sec. 363, 52 Stat. 63, as amended; 7 U. S. C. 1363)

§ 711.8 Contents of application. The application shall be accompanied by the original mailed notice of the quota sought to be reviewed, or by a copy of such notice certified as true and correct by the secretary of the county committee, and shall contain:

(a) The date of the application.

(b) The correct full name and full address of the applicant.

(c) A statement of the amount of quota which it is claimed should have been established; or if the quota depends upon a farm marketing excess, the amount of such excess which it is claimed should have been determined.

(d) A brief statement of each ground upon which the application is based.

(e) The signature of the applicant. (Sec. 363, 52 Stat. 63, as amended; 7 U. S. C. 1363)

§ 711.9 Record of applications. The secretary of the county committee shall make a notation on each application of the date of the receipt thereof by him and give such application an identification number.

(Sec. 363, 52 Stat. 63, as amended; 7 U. S. C. 1363)

§ 711.10 Insufficient and untimely applications. If the secretary of the county committee finds that any application filed (a) is not in substantial compliance with the provisions of

§ 711.8, or (b) is not made within the period fixed for the filing of applications, as provided in § 711.7, he shall so notify the applicant in writing by depositing the notice, accompanied by a copy of the regulations of this part, in the United States mails, registered and addressed to the applicant at his last known address. In the case of an insufficient application filed within the period fixed for the filing of applications, the applicant may, within fifteen days after the date of mailing of the notice aforesaid, file with such secretary an amended application containing the matter specified in § 711.8. Any such application shall be retained for appropriate action by the review committee. (Sec. 363, 52 Stat. 63, as amended; 7 U. S. C. 1363)

§ 711.11 Clerk to review committee. The Secretary of the county committee shall act as clerk to the review committee, unless and until some other person shall have been designated by the county committee as clerk to the review committee. The county committee may designate a person other than the secretary of the county committee to act as clerk to the review committee. If not already an employee, the person so designated shall thereby become an employee of such county committee. Immediately upon such designation, the county committee shall notify the State committee thereof. In the event of such designation, the secretary of the county committee shall transmit to the person so designated any and all applications received by him and all papers and information relating thereto.

(Sec. 363, 52 Stat. 63, as amended; 7 U. S. C. 1363)

§ 711.12 Transmission of information. The clerk to the review committee shall furnish to the State committee such information pertaining to applications filed with him as the State committee may require.

(Sec. 363, 52 Stat. 63, as amended; 7 U. S. C. 1363)

THE REVIEW COMMITTEE

§ 711.13 Eligibility for review committee. Any farmer who is, or who is eligible under the articles of association of county associations (ACP-71) to become, a member of any county or community committee shall be eligible to serve on review committees to hear applications for review of quotas established in counties or communities which

are adjacent to or near the county or community, as the case may be, for which he is a committeeman or eligible to become a committeeman. The eligibility hereby declared shall be subject at all times to the provisions of §§ 711.14 through 711.21. No farmer who is a member of a county or community committee of, or whose legal residence is in, one State shall be eligible to serve on a review committee in any other State. (Sec. 363, 52 Stat. 63, as amended; 7 U. S. C. 1363)

CROSS REFERENCE: For selections and functions of county committees, see Part 7 of this title.

§ 711.14 Establishment of review committee. Three eligible farmers shall be designated to serve on a review committee for a county, a group of counties, a community, or group of communities, and of the farmers so designated one shall be named chairman and another vicechairman of such committee. In the absence of the chairman, the vice-chairman shall perform the duties and exercise the powers of the chairman, and in the absence of both the chairman and the vice-chairman, the other regular member shall, as acting chairman, perform the duties and exercise the powers of the chairman. No review committee shall include any member of the county or community committee through which was determined any matter relating to any quota for the review of which the review committee is established. Subject to the provisions of this section and of § 711.13, the same farmer may be designated to serve on more than one review committee. Not more than three additional eligible farmers may be designated as alternate members of the review committee to serve in the event of the absence of any regular members thereof or in case of any vacancies in such committee, but not more than two such alternates may serve concurrently. The alternates shall be called upon for service in the order of their designation, except that where a hearing will be unduly delayed by this procedure the person acting as chairman may call upon the alternate who is the most readily available for service.

(Sec. 363, 52 Stat. 63, as amended; 7 U. S. c. 1363)

§ 711.15 Vacancies on review committee. Subject to the requirements of eligibility set forth in §§ 711.13 and 711.14, a farmer shall be designated to