Congress may hereafter provide for such purpose; and the amounts of such payments and grants of aid will necessarily be within the limits finally determined by such appropriation, the apportionment of such appropriation under the provisions of the Soil Conservation and Domestic Allotment Act, as amended, and the extent of national participation. As an adjustment for participation the rates of payment and deduction with respect to any commodity or item of payment may be increased or decreased from the rates set forth herein by as much as 10 percent.

(c) Applicability. The provisions of the 1939 Agricultural Conservation Program and of the 1939 Range Conservation Program are not applicable in the State of Nevada to public domain of the United States, including land owned by the United States and administered under the Taylor Grazing Act or by the Forest Service of the United States Department of Agriculture, and other lands in which the beneficial ownership is in the United States. In any county for which a special agricultural or range conservation program under section 8 of the Soil Conservation and Domestic Allotment Act is approved for 1939 by the Secretary, the 1939 Agricultural Conservation Program or the 1939 Range Conservation Program, as the case may be, shall not be applicable.

Section 2. DEFINITIONS

For the purposes of the 1939 Agricultural Conservation or Range Conservation Program unless the context otherwise requires:

(a) Officials.

(1) SECRETARY means the Secretary of Agriculture of the United States.

(2) ADMINISTRATOR means the Administrator of the Agricultural Adjustment Administration.

(3) REGIONAL DIRECTOR means the Director of the Western Division of the Agricultural Adjustment Administration in charge of the agricultural conservation and range conservation programs in the region.

(4) STATE COMMITTEE means the group of persons designated within the State to assist in the administration of the agricultural conservation and range conservation programs in the State.

(5) COUNTY COMMITTEE means the group of persons elected within any county to assist in the administration of the agricultural conservation and range conservation programs in such county.

(b) Areas.

(1), (2), (3), and (4) Not applicable.

(5) WESTERN REGION means the area included in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oregon, Utah, Washington, and Wyoming. (6) Not applicable.

(7) AREA B means all counties in the State.

(8) and (9) Not applicable.

(10) COMMERCIAL POTATO-PRODUCING AREA means the counties of Lyon and Washoe.

(11), (12), and (13) Not applicable.

(c) Farms.

(1) FARM means all adjacent or nearby farm land under the same ownership which is operated by one person, including also:

(i) Any other adjacent or nearby farm land operated by the same person (as part of the same unit with respect to the rotation of crops and with workstock, farm machinery, and labor substantially separate from that for any other land), the inclusion of which is requested or agreed to, within the time and in the manner specified by the Agricultural Adjustment Administration, by the operator and all the owners who are entitled to share in the proceeds of the crops on any of the land to be included in the farm,

and

(ii) Any field-rented tract (whether operated by the same or another person) which, together with any other land included in the farm, constitutes a unit with respect to the rotation of crops; Provided, That land not under the same ownership shall be included in the same farm only if the county committee determines that: (aa) There is one crop rotation system on the entire area of land;

(bb) The yields and productivity of the different ownerships do not vary
substantially:
(cc) The combination is not being made for the purpose of increasing acreage
allotments or primarily for the purpose of effecting compliance; and
(dd) The several ownership tracts constitute a farming unit for the operator
and will be regarded in the community as a farm in 1939.

A farm shall be regarded as located in the county or administrative area, as the case may be, in which the principal dwelling is situated, or if there is no dwelling thereon, it shall be regarded as located in the county or administrative area, as the case may be, in which the major portion of the farm is located.

(2) Not applicable.

(3) NONWHEAT-ALLOTMENT FARM means (a) a farm for which no wheat acreage allotment is determined, or (b) a farm for which a wheat acreage allotment of 8 acres or less is determined and the persons having an interest in the wheat planted on the farm elect, in accordance with instructions issued by the Agricultural Adjustment Administration, to have such farm considered as a nonwheat-allotment farm. (4) and (5) Not applicable.

(d) Crops and land uses.(1) and (2) Not applicable.

(3) ACREAGE PLANTED TO WHEAT means (1) any acreage of land devoted to seeded wheat (except when such crop is seeded in a mixture containing less than 50 percent by weight of wheat, or containing 25 percent or more by weight of rye, barley, vetch, or Austrian winter peas, and the seeding mixture may reasonably be expected to produce a crop containing such proportions of plants other than wheat that the crop could not be harvested as wheat for grain or seed) which is on the farm on or after December 15, 1938; (2) any acreage of land devoted to volunteer wheat which remains on the land until May 1, 1939; and (3) any acreage of land which is seeded to a mixture containing wheat but the crops other than wheat fail to reach maturity and the wheat is harvested for grain or hay.

(4) SOIL-DEPLETING ACREAGE means the acreage of land devoted during the 1939 crop year to one or more of the following crops or uses.

(i) Corn planted for any purpose except sown or close-drilled corn used as a cover crop or green manure crop and sweet corn or popcorn grown in home gardens for use on the farm.

(ii) Tobacco harvested for any purpose.

(iii) Grain sorghums planted for any purpose.

(iv) Cotton which reaches the stage of growth at which bolls are first formed. (v) Sugar beets planted or sugarcane grown for any purpose.

(vi) Rice planted for any purpose.

(vii) Peanuts harvested for nuts or dug for hay.

(viii) Broomcorn harvested for any purpose.

(ix) Mangels or cowbeets planted for any purpose.

(x) Potatoes planted for any purpose except when grown in home gardens for use on the farm.

(xi) Annual truck and vegetable crops planted in 1939 for any purpose except when grown in home gardens for use on the farm.

(xii) Perennial truck and vegetable crops harvested for any purpose except when grown in home gardens for use on the farm.

(xiii) Commercial bulbs and flowers, commercial mustard, cultivated sunflowers, mint, safflower, or hemp harvested for any purpose.

(xiv) Field beans planted for any purpose.

(xv) Peas harvested for canning, freezing, or dried peas, except when grown in home gardens for use on the farm.

(xvi) Soybeans harvested for seed for crushing.

(xvii) Flax planted for any purpose except when used as a nurse crop for biennial or perennial legumes or perennial grasses of which a good stand is established in 1939.

(xviii) Wheat planted (or regarded as planted) for any purpose on a farm considered as an allotment farm with respect to wheat.

(xix) Wheat (on a nonwheat-allotment farm), oats, barley, rye, emmer, speltz, or mixtures of these crops harvested for grain.

(xx) Wheat (on a nonwheat-allotment farm), oats, barley, rye, emmer, speltz, or mixtures of these crops harvested for hay except (1) when such crops are used as nurse crops for legumes or perennial grasses of which a good stand is established in 1939 and the nurse crop is cut green for hay, or (2) when such crops are grown in a mixture containing at least 25 percent by weight of winter legumes. (xxi) Buckwheat, Sudan grass, or millet harvested for grain or seed. (xxii) Sweet sorghums when harvested for grain, seed, or sirup. (xxiii) Not applicable.

(xxiv) Land summer fallowed if such summer-fallowed acreage is not protected from wind and water erosion by maintenance of a rough and cloddy surface or by tillage operations and soil management practices commonly regarded in the locality as effective in preventing wind and water erosion.

(7) GENERAL SOIL-DEPLETING CROPS OR GENERAL CROPS means all crops and land uses listed in the definition of soil-depleting acreage except sugar beets and sugarcane for sugar and the crops for which separate crop acreage allotments are established on the farm.

(8) and (9) Not applicable.

(10) COMMERCIAL ORCHARDS means the acreage in planted or cultivated fruit trees, nut trees, vineyards, hops, or bush fruits on the farm on January 1, 1939 (excluding nonbearing orchards and vineyards), from which the principal part of the production is normally sold.

(e) Miscellaneous.

(1) PERSON means an individual, partnership, association, corporation, estate, or trust, and, wherever applicable, a State, a political subdivision of a State, or any agency thereof.

(2) LANDLORD OR OWNER means a person who owns land and rents such land to another person or operates such land.

(3) Not applicable.

(4) TENANT means a person who rents land from another person (for cash, a fixed commodity payment, or a share of the proceeds of the crops) and is entitled under a written or oral lease or agreement to receive all or a share of the proceeds of the crops produced thereon. (5) CROPLAND means farm land which in 1938 was tilled or was in regular rotation, excluding any land in commercial orchards.

(6) Not applicable.

(7) NONCROP, OPEN PASTURE I AND means pasture land (other than rotation pasture land and range land) on which the predominant growth is forage suitable for grazing and on which the number or

grouping of any trees or shrubs is such that the land could not fairly be considered as woodland.

(8) SPECIAL-CROP ACREAGE ALLOTMENT means a wheat or potato acreage allotment.

(9) ANIMAL UNIT means 1 cow, 1 horse, 5 sheep, 5 goats, 2 calves, or 2 colts, or the equivalent thereof.

(f) Range.-Definitions for the purposes of the 1939 Range Conservation Program.

RANGE-BUILDING PAYMENT means a payment for the carrying out of one or more approved range-building practices.

RANGE-BUILDING ALLOWANCE means the largest amount for any ranching unit which may be earned as a range-building payment on such ranching unit.

RANCH OPERATOR means a person who as owner, cash tenant, or share tenant operates, or a person who acts in similar capacity in the operation of, a ranching unit in 1939.

RANGE LAND means any land in which a ranch operator has such a legal estate or interest as to give him control thereof, which produces forage grazed by range livestock, without cultivation or general irrigation. Range land shall not include public domain of the United States including lands owned by the United States and administered under the Taylor Grazing Act or by the Forest Service of the United States Department of Agriculture, and other lands in which the beneficial ownership is in the United States.

RANCHING UNIT means all range land which is used in 1939 by the ranch operator as a single unit in producing range livestock, with machinery, workstock, and labor substantially separate from that of any other range land. In order to facilitate the administration of the program the Regional Director may prescribe that for the purposes of this program tracts shall be deemed ranching units only if they contain more than the minimum acreage of range land fixed by him. A ranching unit shall be regarded as located in the county in which its principal dwelling is situated, or if there is no dwelling thereon it shall be regarded as located in the county in which the major portion of the ranching unit is located.

ANIMAL UNIT means 1 cow, 1 horse, 5 sheep, or 5 goats, or the equivalent thereof.

GRAZING CAPACITY OF RANGE LAND means the number of animal units which such land will sustain, on a 12-month basis, over a period of years without decreasing the stand of grass or other grazing vegetation, and without injury to the forage, tree growth, or watershed.

Part II. 1939 AGRICULTURAL CONSERVATION PROGRAM

Section 3. NATIONAL AND STATE ACREAGE ALLOTMENTS AND GOALS

(a) National goals. The national goals in connection with the 1939 program shall be:

(1) The following acreages of soil-depleting crops:

(2) The conservation of the cropland not required in 1939 for the growing of soil-depleting crops, the restoration, insofar as is practicable of a permanent vegetative cover on land unsuited to the continued production of cultivated crops; and the carrying out of soil-building practices that will conserve and improve soil fertility and prevent wind and water erosion.

(b) National and State acreage allotments.-National and State acreage allotments of soil-depleting crops will be established by the Secretary.

Section 4. COUNTY ACREAGE ALLOTMENTS

The Agricultural Adjustment Administration with the assistance of the State committee and the approval of the Secretary shall establish county acreage allotments as hereinafter set forth. The soil-depleting acreage allotments for all counties in the State shall not exceed the applicable acreage allotment established for the State by the Secretary except as otherwise provided herein.

(a) Total soil-depleting acreage allotment.-County acreage allotments of total soil-depleting crops shall be established by distributing the State acreage allotment of total soil-depleting crops among the counties in the State on the basis of the total soil-depleting acreage allotments established in connection with the 1938 Agricultural Conservation Program (hereinafter referred to as the 1938 program), with due allowance for trends in acreage of soil-depleting crops, changes in area designations and crop classifications, and the relationship of the special crop acreage allotments established for 1938 to the special crop.acreage allotments established for 1939.

(b) and (c) Not applicable.

(d) Wheat allotment.-County acreage allotments of wheat shall be established by distributing the State acreage allotment of wheat