would normally be entitled, the Secretary may withhold in whole or in part from the person participating in or employing such a scheme or device, or require such person to refund in whole or in part, the amount of any payment which has been or would otherwise be made to such person in connection with the 1939 program. (d) Assignments. Any person who may be entitled to any payment in connection with the 1939 program may assign his interest in such payment as security for cash loaned or advances made for the purpose of financing the making of a crop in 1939. No such assignment will be recognized unless the assignment is made in writing on Form ACP-69 in accordance with instructions (ACP-70) issued by the Agricultural Adjustment Administration. Nothing contained in this section 16 shall be construed to give an assignee a right to any payment other than that to which the farmer is entitled nor shall the Secretary or any disbursing agent be subject to any suit or liability if payment is made to the farmer without regard to the existence of any such assignment. (e) Excess cotton acreage.-Any person who makes application for payment with respect to any farm located in a county in which cotton is planted in 1939 shall file with such application a statement that he has not knowingly planted or caused to be planted during 1939 cotton on land in any farm in which he has an interest in excess of the cotton acreage allotment established for the farm for 1939, and that cotton was not planted in excess of such allotment by his authority or with his consent. Any person who knowingly plants cotton on his farm in 1939 on acreage in excess of the cotton acreage allotment established for the farm for 1939 shall not be eligible for any payment under the provisions of the 1939 program. Any person having an interest in the cotton crop on a farm on which cotton is planted in 1939 on acreage in excess of the cotton acreage allotment for the farm for 1939 shall be presumed to have knowingly planted cotton on his farm on acreage in excess of such farm cotton acreage 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 acreage was planted to cotton due to his lack of knowledge of the number of 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 1939. (f) Use of soil-conserving crops for market. In counties designated by the Agricultural Adjustment Administration as counties in which performance with respect to the use of soil-conserving crops for market will have to be determined, payment will not be made to any farm unless (1) the increase above normal in the number of dairy cows does not exceed two cows, or (2) there is an acreage of cropland equal to the amount by which the usual or normal acreage of soildepleting crops on the farm exceeds the larger of the total soil-depleting allotment or the acreage classified as soil-depleting on the farm in 1939, which is not devoted to soil-conserving crops which are used for market other than through the disposition of dairy livestock for slaughter or through the disposition of 10 percent or more of the milk, or products thereof, produced on the farm. SEC. 17. APPLICATION FOR PAYMENT (a) Persons eligible to file applications. An application for payment with respect to a farm may be made by any person for whom, under the provisions of section 10 a share in the payment with respect to the farm may be computed and (1) who at the time of harvest is entitled to share in the crops grown on the farm under a lease or operating agreement, or (2) who is owner or operator of such farm and participates thereon in 1939 in carrying out approved soil-building practices. (b) Time and manner of filing application and information required. Payment will be made only upon application submitted through the county office. The Secretary reserves the right (1) to withhold payment from any person who fails to file any form or furnish any information required with respect to any farm which such person is operating or renting to another person for a share of the crops grown thereon, and (2) to refuse to accept any application for payment if such application or any other form or information required is not submitted to the county office within the time fixed by the regional director. At least two weeks' notice to the public shall be given of the expiration of a time limit for filing prescribed forms. Such notice shall be given by mailing the same to the office of each county committee and making copies of the same available to the press. (c) Applications for other farms. If a person has the right to receive all or a portion of the crops or proceeds therefrom, produced on more than one farm in a county and makes application for payment with respect to one of such farms, such person must make application for payment with respect to all such farms which he operates or rents to other persons. Upon request by the State committee any person shall file with the committee such information as it may request regarding any other farm in the State with respect to which he has the right to receive all or a portion of the crops or proceeds thereof. SEC. 18. APPEALS Any person may, within 15 days after notice thereof is forwarded to or available to him, request the county committee in writing to reconsider its recommendation or determination with respect to any of the following matters affecting any farm in which he has an interest: (a) eligibility to file an application for payment; (b) any soildepleting acreage allotment, usual acreage, or soil-building goal; (c) the division of payment; or (d) any other matter affecting the right to or the amount of his payment with respect to the farm. The county committee shall notify such person of its decision in writing within 15 days after receipt of such written request for reconsideration. If such person is dissatisfied with the decision of the county committee he may, within 15 days after such decision is forwarded to or made available to him, appeal in writing to the State committee. The State committee shall notify such person of its decision in writing within 30 days after the receipt of the appeal. If such person is dissatisfied with the decision of the State committee, he may, within 15 days after such decision is forwarded to or made available to him, request the regional director to review the decision of the State committee. SEC. 19. STATE AND REGIONAL BULLETINS, INSTRUCTIONS, AND FORMS The Agricultural Adjustment Administration is hereby authorized to make such determinations and to prepare and issue such State and regional bulletins, instructions, and forms as may be required pursuant to the provisions hereof in administering the 1939 program. PART III. 1939 RANGE CONSERVATION PROGRAM SECTIONS 1 AND 2 The provisions of sections 1 and 2 are contained in sections 1 and 2 of part I of this handbook. SEC. 3. RATES OF RANGE-BUILDING PAYMENTS Within the limits of the range-building allowance and subject to the conditions hereinafter set forth, payment will be made for car rying out on range land in 1939 such of the following range-building practices as are approved by the county committee for the ranching unit prior to their institution. RESEEDING OF RANGE LAND Practice (a) NATURAL RESEEDING BY DEFERRED GRAZING. Rate of payment. 60 percent of that part of the range-building allowance which is computed under section 4 (a); Provided, That if the ranch operator fails to comply with any conditions or specifications established by the county committee under subparagraph (7) of this paragraph (a) the rate shall be 40 percent of that part of the rangebuilding allowance computed under section 4 (a). 36 |