Federal Register - January 24, 1939

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Source: Federal Register

FEDERAL REGISTER, Tuesday, January 24, 1939
claim are correct and approve or disap prove it accordingly, and one of its members shall on behalf of the commit tee certify such finding in the space pro vided. Whether it approves or disap proves the claim, the committee shall promptly transmit it through the State office to the appropriate Regional Divi sion of the Agricultural Adjustment Ad ministration, Washington, D. C.
S ec. 714.26. Examination of claim.
The appropriate Regional Division shall examine the claim and make such in vestigation as may be necessary. After consideration of the claim, the Director of the division, or an officer or employee designated by him in writing, shall en dorse thereon each amount recom mended for payment and the name and address of the proposed payee, stating the reason therefor, and shall submit the claim to the Solicitor of the Depart ment of Agriculture for legal approval.
Claims approved by the Solicitor, or an officer or employee designated by him in writing, shall be transmitted to the Comptroller for approval. If the claim is not recommended or approved for payment, the Director of the Regional Division shall notify the claimant that his claim has been rejected.
S ec. 714.27 Certification by Comp troller. The Comptroller, for and on behalf of the Secretary of Agriculture, shall certify on Form 38-AAA-11, Pub lic Voucher for Refunds of Marketing Penalties, and on Form 38-AAA-10, Pub lic Voucher for Refunds of Marketing PenaltiesContinuation Sheet, to the Secretary of the Treasury of the United States for payment all Glaims for refund as havebeen approved.
S ec. 714.28 Instructions and forms.
The Administrator of the Agricultural Adjustment Administration shall cause to be prepared and issued with his ap proval such instructions and forms as may be required to carry out these regulations.
S ec. 714.29 Definitions. As used in these regulations and in all forms and documents in connection therewith, un less the context or the subject matter otherwise requires the following terms shall have the following meanings and the masculine shall include the feminine and neuter gender and the singular the plural person:
Act: the Agricultural Adjustment Act of 1938 and any amendments thereto.
Regulations: these regulations, Secs.
714.21-714.29.
County Committee: the respective County Agricultural Conservation Com mittee utilized under the act.
County office: the office of the County Committee.
State office: the central office of the Agricultural Adjustment Administration for the State.
Comptroller: the Comptroller or Act ing Comptroller of the Agricultural Ad justment Administration, United States Department of Agriculture.

Secretary of Agriculture: the Secre tary of Agriculture of the United States.
Claim: a request for refund of penalty made on form Cotton 229.
Claimant: any person who makes claim on form Cotton 229.
Penalty: an amount of money col lected with respect to the marketing of cotton pursuant to the act, and paid to the Secretary of Agriculture, from or on account of any person.
Farm marketing quota or quota: the cotton m a r k e t i n g quota established under Title III of the act for the farm for the year with respect to which the penalty involved in the claim was paid.
Person: an individual, partnership, firm, corporation, joint-stock company, association, trust, or estate, or any agency of a State Government or the Federal Government.
Farm: the farm for which the market ing quota involved in the claim was established.
Producer: a person who, as owner, landlord, tenant, sharecropper, or la borer, was entitled under the terms of his tenure or rental or cropping agree ment relating to the production of cot ton to share in any of the cotton m ar keted from the farm.
Operator: the producer who was in charge of the farming operations on the farm as a whole at the time when the cotton involved in the claim was sold, bartered, or exchanged.
Done at Washington, D. C., this 20th day of January 1939. Witness my hand and the seal of the Department of Agriculture.
seal H. A. W allace, Secretary of Agriculture.
P. R. Doc. 39-253; Filed, January 21, 1939;
12:35 p. m.

P art 721 P roclamations and D etermi nations R elating to C orn A llot ments
REGULATIONS GOVERNING THE DETERMINA
TION OF 1 9 3 9 FARM CORN ACREAGE ALLOT
MENTS UNDER TITLE I I I OF THE AGRICUL
TURAL ADJUSTMENT ACT OF 1 9 3 8 , AS
AMENDED

C ontents
Sec.
721.111 Determination of farm com acreage allotments for 1939.
721.112 Determination of individual farm corn yields.
721.113 Miscellaneous provisions applicable to farm com acreage allotments and yields.
721.114 Definitions.

By virtue of the authority vested in the Secretary of Agriculture by Sections 301, 329, and 375 of the Agricultural Ad justment Act of 1938, as amended, I do prescribe the following regulations appliSections 721.111 to 721.114 issued under the authority contained in Sec. 329 b, 52
Stat. 52, Sec. 375 b, 52 Stat. 66, Sec. 301
b 13 E, 52 Stat. 202.

397

cable for determining farm corn acreage allotments for the 1939 crop in counties in the commercial corn-producing area under Title m of said Act, to be in force and effect until rescinded, amended, or superseded by regulations hereafter made by the Secretary of Agriculture under said Act.
The applicable provisions of the Act in Section 329, paragraph b, provide that The acreage allotment to the county for com shall be apportioned by the Secretary, through the local committees, among the farms, within the county on the basis of till able acreage, crop-rotation practices, type of soil, and topography.

Sec. 721.111 Determination of farm corn acreage allotments for 1939. The county committee, with the assistance of other local committees in the county and subject to the approval of the State com mittee, shall determine farm acreage al lotments of corn for farms in the com mercial corn-producing area for the calendar year 1939 on the basis of till able acreage, crop rotation practices, type of soil, and topography of the farm land as follows:
a Determination of c o r n areas within a county. In counties in which the county committee, with the approval of the State committee, determines th at there exist two or more distinct types of land with respect to adaptation to the production of com, area determinations will be made. Land best adapted to the production of corn because of soil types or distinguishing characteristics, such as overflow or river bottom land, will be designated as Area A. Land less adapted to the production of corn, such as uplands, will be designated as Area B. Counties in which no distinct dif ference exists with respect to soil types or topographical characteristics will not have area determinations.
b Determination with respect to till able acreage and crop rotation practices.
As a basis for giving consideration to tillable acres and crop rotation practices in the apportionment of the county corn acreage allotment to farms, the county committee shall first determine for each farm the usual acreage of corn. This acreage shall be the average acreage of com planted plus the acreage deter mined by the county committee to have been diverted from the production of com under the agricultural conserva tion programs during the years 1936
and 1937. If the county committee finds that the acreage planted to corn in such years, 1936 and 1937, 1 was abnormally low due to extreme drought or flood or to part of the 1939 cropland being previ ously devoted to other than cropland uses; 2 is not typical of the farm for 1939 due to a change in the customary crop rotation practices; 3 is not typi cal because a part of the cropland on the farm was devoted to the production of sweet com for canning under con tract for 1936 or 1937, or both, and is not under similar contract for 1939; 4

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Federal Register - January 24, 1939

TitreFederal Register

PaysÉtats-Unis

Date24/01/1939

Page count12

Edition count7847

Première édition14/03/1936

Dernière édition01/09/2026

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