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8769

F E D E R A L R E G IS T E R , Friday , October 30, 1942
grown thereon and the county committee approves, in accordance with instructions issued by the Agricultural Adjustment Agency, the classification of the farm for the purposes o f the 1942 program as a non-wheat-allotment farm ; or iv
any farm for which a wheat allotment of more than 15 acres is determined and on which wheat is normally planted for green manure, hay, or pasture, or will be planted for such use in 1942, and the county committee approves, in accord ance with instructions issued by the A g ricultural Adjustment Agency, the classi fication o f such farm for the purposes of the 1942 program as a non-wheat-allot ment farm.
6 Acreage planted to wheat means i any acreage of land devoted to seeded wheat except when such crop is seeded in a mixture designated by the Agricul tural Adjustment Agency upon recom mendation of the State Committee as a mixture which may reasonably be ex pected to produce a crop containing such proportions o f plants other than wheat that the crop cannot be harvested as wheat for grain or s e e d ; ii any acre age o f volunteer wheat which reaches maturity provided that, on any farm on which the acreage seeded to wheat does not exceed the farm wheat acreage allot ment, the acreage o f volunteer wheat will not be regarded as acreage planted to wheat for any producer if a he places in farm storage and agrees to hold in storage until It may be marketed free of marketing quota penalty an amount of wheat equal to the smaller o f his share of the wheat produced on the farm in excess of his share o f the normal pro duction o f the acreage allotment, or his share of the normal production of the number of acres by which the sum of the acreage of seeded wheat and the acreage of volunteer wheat which reaches maturity exceeds the wheat acreage al lotment; b he does not seed in excess of the 1943 wheat acreage allotment on the farm ; and c his aggregate share of the wheat seeded for 1943 on all farms in the county in which he has an interest in the wheat crop does not exceed his aggregate share o f the farm wheat acre age allotments or permitted acreages;
provided that for any person who does not comply with the above provisions, the acreage of volunteer wheat which reaches maturity shall be regarded as acreage planted to wheat only for the purpose o f determining the acreage on which a de duction should be computed; iii any acreage which is seeded to a mixture containing wheat designated under sub division i of this subparagraph on which the crops other than wheat fail to reach maturity and the wheat reaches maturity: Provided, Th at all or any part of any acreage determined by the county committee to have been totally destroyed by any cause beyond the control of the operator may be considered as not having been planted to wheat if it cannot be re seeded and, with prior approval of the county committee, is later replaced by other acreage of seeded or volunteer wheat.

8

farms.

each acre planted to wheat in excess of the wheat allotment except that fo r any person who does not comply with the volunteer wheat provisions of 701.301
d 6 ii above, the deduction shall be a ten times the payment rate for each acre by which the sum o f the acreage seeded to wheat and the acreage o f vol unteer wheat which reaches maturity is in excess o f the allotment times his per centage share applicable i f the wheat allotment exceeds 15 acres or i f the sum o f the acreage seeded to wheat and the acreage o f volunteer wheat which reaches maturity is less than 110% o f the wheat allotment or b the sum o f the wheat payment for the farm and 10 times the payment rate for each acre of wheat harvested in excess of 15 acres times his percentage share applicable i f wheat allotment is 15 acres or less and sum of acreage seeded to wheat and acreage of volunteer wheat which reaches m aturity equals or exceeds 110% of wheat allot m ent : Provided, however, Th at on any farm in the Southern region except Oklahoma and Texas, which comprised more than one farm under the 1941 A gri cultural Conservation Program, but which was determined by the.county committee after the wheat was seeded fo r harvest in 1942 to comprise only one farm, the deduction fo r excess wheat acreage fo r the combined farm shall not exceed the larger o f i the deduction which would have been computed had there been no combination fo r 1942 and 2 the wheat payment fo r the com bined farm.
3. Section 701.302 f is amended by striking out the words during a period o f not more than 12 months as they appear in first sentence thereof.
4. Section 701.303 a 4 is amended to read as follows:
701.303 Division of payments and deductions a Payments and deduc
tions in connection with crop acreage allotments and restoration land.
4
Notwithstanding any other pro visions herein, any deduction computed fo r failure to comply with the volunteer wheat provisions of 701.301 g 6
shall be considered as a personal deduc tion for the person who failed to com ply.
5. Section -701.309 e , the last para graph, is amended to read as follows:
701.309 General provisions relating to payments.
e Excess cotton acreage.

Any person who knowingly plants cot ton, or causes cotton to be planted, on his farm in 1942 on acreage in excess o f the cotton allotment under section 344
of the Agricultural Adjustment Act of 1938 for the farm for 1942 shall not be eligible for any payment whatsoever, on that farm or any other farm, under the provisions of the 1942 program. No per son shall be deemed to have knowingly overplanted cotton on his farm if the acreage planted to cotton on the farm in 1942 does not exceed such farm cotton allotment by more than the larger o f

three acres or three percent o f such farm Deduction i Wheat-allotment cotton allotment. Any person having an interest in the cotton crop on a farm on Ten times the payment rate fo r
which the acreage planted to cotton in 1942 exceeds such farm cotton allotment by more than the amount specified in the last preceding sentence shall be presumed to have knowingly planted cotton on his farm on acreage in excess of such farm cotton allotment if notice of the farm allotment is mailed to him prior to the completion of the planting of cotton on the farm, unless the farmer establishes the fact that the excess acre age was planted to cotton due to his lack of knowledge o f the number o f acres in the tract s planted to cotton. Such notice, if mailed to the operator of the farm, shall be deemed to be notice to all persons sharing in the production of cotton on the farm in 1942.
Done at Washington, D. C., this 28th day of October, 1942. Witness my hand and the seal of the Department o f Agriculture.
seal G rover B. H i l l ,
Assistant Secretary of Agriculture.
F. R. Doc. 42-11021; Filed, October 29, 1942
11:01 a. m.

RCP-1941-4
P art 705 R ange C o n s e r v a t io n . P rogram SUBFART C 1941
O ctober 28, 1942.
Pursuant to the authority vested in the Secretary of Agriculture under sec tions 7 to 17, inclusive, of the Soil Con servation and Domestic Allotment Act, as amended, the 1941 Range Conserva tion Program, as amended,1 is further amended as follows:

Section 705.205 b is amended to read as follows:

705.205

Eligibility fo r p a y m e n t .

b
Time and manner of filing appli cation and information required. Pay ment 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 April 30,1942, except 1 the tim ely filing of an appli cation by one person on a ranching unit shall constitute a tim ely filing on behalf of all persons on that ranching unit, and 2 an application fo r payment may be accepted if the State committee or its designated representative determines, in accordance with instructions issued by the regional director with the approval of the Administrator, that the failure to file the tim ely application was not due to the fault of the applicant. Applica tions filed under subparagraphs 1 and 2 above must be filed before expiration of the period for obligating the appro priation June 30, 1943.
The Secretary reserves the right i to withhold payment from any ranch op erator who fails to file any form or fur nish any information required with re spect to any ranching unit in which such ranch operator is interested, and ii to refuse to accept any application for pay ment if any form or information required is not submitted to the county office 5 F.R. 2934, 4892; 6 F.R. 850, 3794.