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any farm, with respect to which such payments are made, in the same proportion that such landlords, tenants, and sharecroppers are entitled to share in the proceeds of the agricultural commodity with respect to which such payments are made, except that payments based on soil. building or soil-conserving practices shall be divided in proportion to the extent which such landlords, tenants, and sharecroppers contribute to the carrying out of such practices. Such payments shall be paid by the Secretary directly to the landlords, tenants, or sharecroppers entitled thereto, and shall be computed at rates which will permit the Secretary to set aside out of the funds available for the making of such payments for each year an amount sufficient to permit the increases herein specified to be made within the limits of the funds so available. If with respect to any farm the total payment to any person for any year would be:
(1) Not more than $20, the payment shall be increased by 40 per centum;
(2) More than $20 but not more than $40, the payment shall be increased by $8, plus 20 per centum of the excess over $20;
(3) More than $40 but not more than $60, the payment shall be increased by $12, plus 10 per centum of the excess over $40;
(4) More than $60 but not more than $186, the payment shall be increased by $14; or
(5) More than $186 but less than $200, the payment shall be
increased to $200. In the case of payments of more than $1, the amount of the payment which shall be used to calculate the 40-, 20-, and 10-per-centum increases under clauses (1), (2), and (3) shall not include that part, if any, of the payment which is a fraction of a dollar.
Beginning with the calendar year 1939, no total payment for any year to any person under such subsection (b) shall exceed $10,000. In the case of payments made to any individual, partnership, or estate on account of performance on farms in different States, Territories, or possessions, the $10,000 limitation shall apply to the total of the payments for each State, Territory, or possession, for a year and not to the total of all such payments.
Change between landlord and tenants or sharecroppers affecting land. lord's payments. (f) Any change between the landlord and the tenants or sharecroppers, with respect to any form, that would increase over the previous year the amount of payments or grants of other aid under subsection (b) that would otherwise be made to any landlord shall not operate to increase such payment or grant to such landlord. Any reduction in the number of tenants below the average number of tenants on any farm during the preceding three years that would increase the payments or grants of other aid under such subsection that would otherwise be made to the landlord shall not hereafter operate to increase any such payment or grant to such landlord. Such limitations shall apply only if the county committee finds that the change or reduction is not justified and disapproves such change or reduction.
Assignment of payments. (g) A payment which may be made to a farmer under this section, may be assigned, without discount, by him in writing as security for cash or advances to finance making a crop. Such assignment shall be signed by the farmer and witnessed by a member of the county or other local committee, or by the treasurer or the secretary of such committee, and filed with the county agent or the county committee. Such assignment shall include the statement that the assignment is not made to pay or secure any preexisting indebtedness. This provision shall not authorize any suit against or impose any liability upon the Secretary or any disbursing agent if payment to the farmer is made without regard to the existence of any such assignment. (Apr. 27, 1935, sec. 8, as added Feb, 29, 1936, sec. 1, 49 Stat. 1149; as amended June 28, 1937, sec. 1, 50 Stat. 329; Feb. 16, 1938, Title I, secs. 101, 102, 103, 52 Stat. 31, 34, 35; Apr. 7, 1938, secs. 16–18, 52 Stat. 204, 205; Apr. 10, 1939, 53 Stat. 573; July 2, 1940, sec. 2, 54 Stat. 727; 16 U. S. C., sec. 590h (a) to (g).)
1084_30. Surveys and investigations; publication of information; reports.—The Secretary is authorized to conduct surveys, investigations, and research relating to the conditions and factors affecting, and methods of accomplishing most effectively, the policy and purposes of section 7 (a). Notwithstanding any provision of existing law, the Secretary is authorized to make public such information as he deems necessary to carry out the provisions of this Act. The Secretary shall transmit to the Congress a report, for the fiscal year ending June 30, 1937, and for each fiscal year thereafter, of the operations for such year under sections 7 to 14, inclusive, of this Act, which report shall include a statement of the expenditures made and obligations incurred, by classes and amounts. (Apr. 27, 1935, sec. 9, as added Feb. 29, 1936, sec. 1, 49 Stat. 1150, as amended June 28, 1937, sec. 2, 50 Stat. 329; 16 U. S. C., sec. 590i.)
1084–31. “Agricultural commodity" defined. The term "agricultural commodity" as used in this Act means any such commodity and any regional or market classification, type, or grade thereof. (Apr. 27, 1935, sec. 10, as added Feb. 29, 1936, sec. 1, 49 Stat. 1150; 16 U. S. C., sec. 590j.)
1084-32. Availability of funds.-All funds available for carrying out this Act shall be available for allotment to the bureaus and offices of the Department of Agriculture and for transfer to such other agencies of the Federal or State Governments as the Secretary may request to cooperate or assist in carrying out this Act And* for payments to committees or associations of producers in any region or regions to cover the estimated administrative expenses to be incurred by any such committee or association in cooperating in carrying out this Act: Provided, That the Secretary may prescribe that all or part of such estimated expenses of any such committee or association may be deducted pro rata from the payments or grants made to the members thereof: And provided further, That the Secretary may make such payments in advance of determination of performance. (Apr. 27, 1935, sec. 11, as added Feb. 29, 1936, sec. 1, 49 Stat. 1150, and amended June 24, 1936, 49 Stat. 1915; 16 U. S. C., sec. 590k.)
1084-33. Expansion of domestic and foreign markets for agricultural commodities; advances for crop insurance.—(a) Whenever the Secretary finds that the exercise of the powers conferred in this section will tend to carry out the purpose specified in clause (5) of section 7 (a), or
*So in original.
will tend to provide for and maintain a continuous and stable supply of agricultural commodities adequate to meet consumer demand at prices fair to both producers and consumers, or both, he shall use such part as he deems necessary of the sums appropriated to carry out this Act for the expansion of domestic and foreign markets or for seeking new or additional markets for agricultural commodities or the products thereof or for the removal or disposition of surpluses of such commodities or the products thereof.
(b) The Secretary is authorized to make advances to producers for the purpose of assisting them to insure their crops with the Federal Crop Insurance Corporation. The Secretary shall remit the amount of any such advances to a producer directly to such Corporation in payment of the premium on the insurance for which the producer has made application. Advances shall only be made to producers who are participating or who agree to participate in a program formulated pursuant to section 8. Except as otherwise provided in this subsection, the terms and conditions of such advances shall be fixed by the Secretary. The appropriation made in the Department of Agriculture Appropriation Act, fiscal year 1939, under the item entitled “Conservation and Use of Agricultural Land Resources, Department of Agriculture”, shall be available during the fiscal year 1939 for advances authorized by this subsection. In carrying out the provisions of this subsection, the Secretary may transfer to the Federal Crop Insurance Corporation, prior to the execution of applictaions for insurance or requests for advances by producers, the funds estimated as necessary to cover the advances which will be requested for the payment of premiums under a crop-insurance program, and any portion of such funds not used for advances to producers under such program shall be returned to the Secretary by the Federal Crop Insurance Corporation. (Apr. 27, 1935, sec. 12, as added Feb. 29, 1936, sec. 1, 49 Stat. 1151; amended Mar. 25, 1939, 53 Stat. 550; July 2, 1940, sec. 1, 54 Stat. 727; 16 U. S. C., sec. 5911.)
1084–34. Execution of powers of Secretary by Agricultural Adjustment Administration.—Notwithstanding the foregoing provisions of this Act, the Secretary is authorized and directed to provide for the execution by the Agricultural Adjustment Administration of such powers conferred upon him under sections 7 to 14, inclusive, of this Act as he deems may be appropriately exercised by such Administration, and for such purposes the provisions of law applicable to the appointment and compensation of persons employed by the Agricultural Adjustment Administration shall apply. (Apr. 27, 1935, sec. 13, as added Feb. 29, 1936, sec. 1, 49 Stat. 1151; 16 U. S. C., sec. 590m.)
1084–35. Payments reviewable only by Secretary.—The facts constituting the bases for any payment or grant or the amount thereof authorized to be made under section 7 or 8 hereof, when officially determined in conformity with rules or regulations prescribed by the Secretary of Agriculture, shall be reviewable only by the Secretary of Agriculture. (Apr. 27, 1935, sec. 14, as added Feb. 29, 1936, sec. 1, 49 Stat. 1151; 16 U. S. C., sec. 590n.)
1084_36. Appropriation for purposes of sections 590g and 590h; allocation of funds among commodities.-To enable the Secretary of Agriculture to carry out the purposes of sections 7 and 8 there is hereby authorized to be appropriated for any fiscal year not exceeding $500,000,000
The funds available for payments (after allowing for estimated administrative expenses, and not to exceed 5 per centum for payments with respect to range lands, noncrop pasture lands, and naval stores) shall be allocated among the commodities produced with respect to which payments or grants are to be computed. In allocating funds among the commodities the Secretary shall take into consideration and give equal weight to (1) the average acreages planted to the various commodities (including rotation pasture), for the ten years 1928 to 1937, adjusted for abnormal weather and other conditions, including acreage diverted from production under the agricultural adjustment and soil conservation programs; (2) the value at parity prices of the production from the allotted acreages of the various commodities for the year with respect to which the payment is made; (3) the average acreage planted to the various commodities during the ten years 1928 to 1937, including the acreage diverted from production under the agricultural adjustment and soil conservation programs, in excess of the allotted acreage for the year with respect to which the payment is made; and (4) the value based on average prices for the preceding ten years of the production of the excess acreage determined under item (3). The rate of payment used in making payments to the producers of each commodity shall be such that the estimated payments with respect to such commodity shall equal the amount of funds allocated to such commodity as herein provided. For the purpose of allocating funds and computing payments or grants the Secretary is authorized to consider as a commodity a group of commodities or a regional or market classification of a commodity. For the purpose of computing payments or grants the Secretary is authorized to use funds allocated to two or more commodities produced on farms of a designated regional or other classification to compute payments with respect to one of such commodities on such farms, and to use funds, in an amount equal to the estimated payments which would be made in any county, for making payments pursuant to a special program under section 8 approved by the Secretary for such county: Provided, That farm acreage allotments shall be made for wheat in 1938, but in determining compliance wheat shall be considered in the group with other crops for which special acreage allotments are not made. (Apr. 27, 1935, sec. 15, as added Feb. 29, 1936, sec. 1, 49 Stat. 1151, as amended Feb. 16, 1938, Title I, sec. 104, 52 Stat. 35; 16 U. S. C., sec. 5900.)
1084–37. Limitation on obligations incurred.— The obligations incurred for the purpose of carrying out, for any calendar year, the provisions of sections 7 to 14, inclusive, of this Act shall not exceed $500,000,000. (Apr. 27, 1935, sec. 16, as added Feb. 29, 1936, sec. 1, 49 Stat. 1151; 16 U. S. C., sec. 590p.)
1084_38. Scope of application of article; "State" defined ; short title.-(a) This Act shall apply to the United States, the Territories of Alaska and Hawaii, and the possession of Puerto Rico, and as used in this Act, the term “State” includes Alaska, Hawaii, and Puerto
(b) This Act may be cited as the “Soil Conservation and Domestic Allotment Act.” (Apr. 27, 1935, sec. 17, as added Feb. 29, 1936, sec. 1, 49 Stat. 1151; 16 U. S. C., sec. 590q.)
1084-39. Secretary authorized to utilize regional associations and Government agencies in administering naval stores conservation programs.
That in administering the naval stores conservation programs authorized in section 8 of the Soil Conservation and Domestic Allotment Act and in making payments thereunder to gum naval stores producers the Secretary may utilize the services of regional associations of such producers or any agency of the Government in lieu of the State, county, and other local committees utilized in the other agricultural conservation programs if he finds that more efficient administration will result, and the provisions of section 388(b) of the Agricultural Adjustment Act of 1938 shall otherwise be applicable to the administration of said naval stores conservation programs. (June 16, 1938, Title I, 52 Stat. 746; 16 U. S. C., sec. 590h-1.)
1084_40. Photographs, mosaics, and maps to be furnished.—That reproductions of such aerial or other photographs, mosaics, and maps as shall be required in connection with the authorized work of the Soil Conservation Service may be furnished at the cost of reproduction to Federal, State, county, or municipal agencies requesting such reproductions, * * *. (June 29, 1937, 50 Stat. 429; June 16, 1938, Title 1, 52 Stat. 744; June 30, 1939, Title I, 53 Stat. 973; 16 U.S. Ć., sec. 590i-1.)
WATER CONSERVATION 1084-41. Declaration of Policy.—That it is hereby recognized that the wastage and inadequate utilization of water resources on farm, grazing, and forest lands in the arid and semiarid areas of the United States resulting from inadequate facilities for water storage and utilization contribute to the destruction of natural resources, injuries to public health and public lands, droughts, periodic floods, crop failures, decline in standards of living, and excessive dependence upon public relief, and thereby menace the national welfare. It is therefore hereby declared to be the policy of Congress to assist in providing facilities for water storage and utilization in the arid and semiarid areas of the United States. (Aug. 28, 1937, sec. 1, 50 Stat. 869; 16 U. S. C., sec. 590r.)
1084_42. Powers and duties of Secretary of Agriculture in promoting proper land use.—In order to effectuate this policy and promote proper land use in the said areas, the Secretary of Agriculture is hereby authorized, from time to time
(1) To formulate and keep current a program of projects for the construction and maintenance in the said areas of ponds, reservoirs, wells, check-dams, pumping installations, and other facilities for water storage or utilization, together with appurtenances to such facilities. The facilities to be included within such program shall be located where they will promote the proper utilization of lands and no such facilities shall be located where they will encourage the cultivation of lands which are submarginal and which should be devoted to other uses in the public interest;
(2) To construct and to sell or lease, with or without a money consideration, under such terms and conditions as will advance the purposes of this Act, the facilities mentioned in section 2 (1) and included within the program there provided for, including the lands upon which such facilities are located if they have been acquired or reserved for the purposes of this Act;