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3962

FEDERAL REGISTER, Friday, August 8, 1941

conditions, th e norm al yield for th e county, an d th e yield in years for w hich d a ta are available.

The determination of the normal yield for any county is provided for by section 301 b 13 A of the Act.
Section 334 c of the Act provides as follows:
The allotm ent to th e county shall be ap portioned by th e Secretary, th ro u g h th e local com m itteees, am ong th e farm s w ithin th e county on th e basis of tillable acres, cropro tatio n practices, type of soil, and topog raphy. Not m ore th a n 3 per centum of such cou n ty allotm ent shall be apportioned to farm s on w hich w heat has n o t been planted during any of th e three m arketing years im
m ediately preceding th e m arketing year in which th e allotm ent is made.

The amount of the national acreage allotment is provided for by section 333
of the Act, the amount of the State acreage allotment by section 334 a of the Act, and the amount of the county acreage allotment by section 334 b of the Act.
728.311 to 728.316, inclusive, issued u n d e r th e a u th o rity contained in Sec. 301
b , 334 c, 375 b , 52 S tat. 39, 54, 66, 202, 203, 54 S ta t. 392, 727, 728, 1209, 1211; 16
U.S.C., Sup., 1301 b , 1334 c, 1375 b .

728.312 Method of determining farm normal yields, a Where reliable rec ords of the actual average yields of wheat for the 10 years 1931 to 1940 are available for the farm, the normal yield for the farm shall be the average of such yields, adjusted for trends and abnormal weather conditions.
b If for any year of such 10-year period reliable records of the actual av erage yield of wheat are not available or there was no actual yield on the farm for such year, the normal yield for the farm shall be the yield which, when com pared with similar farms in the county or similar farms in neighboring coun ties, if there is no similar farm in the county, on the basis of all available facts, including the yields for years for which data are available, weather condi tions, type of soil, drainage, production practices, and general fertility of the land, the county committee determines to be the yield which could reasonably have been expected on the farm for such 10year period.
c The yields determined under para graph b shall be adjusted so that the weighted average of the normal yields for all farms in the county shall not exceed the county normal yield of wheat established by the Secretary of Agri culture.
If determined by the county commit tee to properly reflect the factors men tioned in paragraph b, the 1942 normal yield of wheat for any farm for which reliable records for all of the 10 years, 1931 to 1940, are hot available may be determined by averaging the actual 1940
farm yield with the normal yield deter mined for the purposes of the 1941
Agricultural Conservation Program by giving a weight of 1 to the actual 1940

yield and a weight of 9 to the 1941 Agri tion in the adaptation of the soil for the cultural Conservation Program yield.
production of wheat and the topography 728.313 Method of determining farm of the cropland from the average for acreage allotmentsa Farms upon the county or the community is not re which wheat was seeded for harvest in flected in the usual acreage of wheat at least one of the years 1939, 1940, and for the farm, such usual acreage shall 19411 Tillable acres and crop rota be adjusted by the county committee so tion practices. As the basis for appor as to reflect such variation in the type tionment for the first two factors till of soil and topography: Provided,, That able acres and crop-rotation practices the adjustment in the usual acreage on specified in section 334 c of the Act, the basis of the type of soil and topog the county committee shall first deter raphy shall not exceed 25 per cent.
mine for each farm a usual acreage of 3
1Inasmuch as the usual acreages wheat. This acreage shall be the aver used in determining 1941 wheat allot age annual acreage of wheat seeded for ments are adjusted averages of seeded harvest plus the acreage determined by plus diverted acreages for a period of the county committee to have been di years applicable for the determination verted from the production of wheat un of usual acreages pursuant to the regu der the agricultural adjustment and lations in paragraph a 1 of this conservation programs during three or section, these usual acreages may be con more consecutive years of the period sidered as the usual acreages described 1935-1941, determined pursuant to in in paragraphs a 1 and 2 of this structions issued by the Administrator of section; and, likewise, since in any the Agricultural Adjustment Administra county the 1941 wheat allotments are tion. However, if, with respect to any merely the 1941 usual acreages multi farm, the county committee finds that plied by a constant percentage factor, the acreage seeded to wheat in any of the the 1941 wheat allotments may be con years in such period i was abnormally sidered as the usual acreages described low due to extreme flood or drought, in paragraphs a 1 and 2 of this ii is not typical of the farm for 1942 section for the purpose of the following due to customary crop-rotation practices, paragraphs.
a change in such practices, or a change If either the 1941 usual acreages or in the acreage of cropland in the farm, the 1941 wheat allotments are used in or iii was abnormally high due to fail lieu of the usual acreages as described ure of crops other than wheat, such year in paragraphs a 1 and 2, and, if shall be eliminated in determining the in order to obtain a proper relationship usual acreage of wheat for such farm. between farms, it is necessary to extend If for any of such years no data are avail the period of years used in determining able, such year shall also be eliminated. the 1941 usual acreages to include con For any farm for which all the years in sideration for seeded wheat acreages in the applicable period are thus elimi the successive year, this may be nated, the usual acreage of wheat shall donenext by averaging the 1941 usual acre be determined by the county committee ages or the 1941 wheat allotments, as on the basis of tillable acres and cropcase may be, with the seeded wheat rotation practices; this usual acreage the acreages adjusted for participation for shall be based on the usual acreage for such next successive year. In comput similar farms in the county or com ing this average, the weight given to the munity, or the indicated usual acreage seeded acreage shall not be in excess of described in the next following two sen 50 percent. The resultant averages may tences. This indicated usual acreage be considered as the usual acreages de shall be determined by multiplying the scribed in paragraphs a 1 and 2
acreage of cropland on such farm in of this section.
1941 by the ratio of wheat acreage to County and community committees cropland which was determined, or could have been determined, for this purpose shall review the usual acreages as may under the regulations pertaining to the be determined in accordance with the establishment of 1941 farm wheat acre two immediately preceding subpara age allotments. If for any county or graphs and shall determine whether in community such ratio does not appear any instances they are not representative representative of the usual ratio of wheat for 1942 for individual farms. In mak acreage to cropland for farms on which ing the determinations, committees shall wheat was seeded for harvest in 1939, consider such factors as crop rotation 1940, or 1941, the ratio for such county practices, changes in crop rotation prac or community shall be determined by tices, changes in farming operations, and dividing the average annual acreage changes in cropland acreages, to the ex seeded to wheat for harvest in 1937, and tent that these factors would influence 1938, including any additional years that the acreage of wheat which normally may have been included under the pro would be seeded in 1942. If for any farm visions of the preceding paragraph, by 1 In areas where a definite system of crop the 1941 cropland on farms on which ro tatio n is a n established practice, th e usual wheat was seeded for harvest in 1939, acreages or allotm ents, as th e case m ay be, for th e year previous to 1941 w hich are rep 1940, or 1941.
of such crop ro tatio n system may 2
Type of soil and topography. For resentative be su b stitu te d for th e 1841 usual acreages or farms with respect to which the varia allotm ents.