Page SEC. 6. Normal yields and productivity indexes.. (a) Normal yields of special soil-depleting crops. SEC. 7. Soil-building practices... Practice A (1). Application of superphosphate- - - Practice A (10). Natural reseeding of noncrop open pasture 12 12 13 14 15 15 339 Practice B (1). Seeding biennial legumes, perennial legumes, and grasses 16 Practice B (3). Practice C (1). Seeding alfalfa__ 17 Practice C (2). Seeding permanent grasses or pasture mix tures.. 17 Practice H (3). Contour listing, subsoiling, or furrowing noncrop land Practice H (4). Practice H (5). Protecting summer-fallowed acreage. Practice K (1). Practice K (2). Pit cultivation SEC. 8. Payment for full performance Contour seeding of small-grain crops.. 21 21 21 (a) Cotton_ (b) Corn.. 21 21 (c) Wheat (d) Tobacco. (e) Potatoes. (f) Peanuts. 21 21 21 21 (g) Rice... (h) Commercial vegetables.. (i) General soil-depleting crops. (j) Restoration land goal... 21 21 22 22 (k) Payments in connection with soil-building practices. SEC. 9. Payments for partial performance_ 22 (a) Payments and deductions in connection with acreage SEC. 12. Payments limited to $10,000. SEC. 13. Deductions incurred on other farms__ 26 (a) Other farms in the same county. 26 (b) Other farms in the State.... 26 23 23 23 23 23 24 24 25 26 DEPOSITED BY THE NITED STATES OF AMERICA MAR 31 39AUTHORITY, AVAILABILITY OF FUNDS, AND APPLICABILITY 3 SEC. 14. Deduction for association expenses.. (a) Payment restricted to effectuation of purposes of the (b) Payment computed and made without regard to claims.. (d) Assignments... (e) Excess cotton acreage.. (f) Use of soil-conserving crops for market SEC. 17. Application for payment.... (a) Persons eligible to file applications. (b) Time and manner of filing application and information (c) Applications for other farms_ SEC. 18. Appeals - - SEC. 19. State and regional bulletins, instructions and forms__ Part III. 1939 RANGE CONSERVATION PROGRAM SEC. 1. Authority, availability of funds and applicability. SEC. 5. Conditions of payment. SEC. 7. Eligibility for payment.. SEC. 6. Changes in leasing arrangements and other devices. SEC. 8. Payment restricted to effectuation of the purposes of the pro gram.... SEC. 9. Payments computed and made without regard to claims.. SEC. 10. Increase in small payments. SEC. 11. Pavments limited to $10,000 SEC. 12. Deductions for association expenses SEC. 13. Assignments.. SEC. 15. Appeals - - - SEC. 14. Establishment of grazing capacities. SEC. 16. State and regional bulletins, instructions and forms__ 31 31 31 36 37 37 38 39 39 39 39 39 39 40 40 40 Part I. GENERAL Section 1. AUTHORITY, AVAILABILITY OF FUNDS, AND APPLICABILITY (a) Authority. Pursuant to the provisions of the 1939 Agricultural Conservation Program Bulletin, issued by the Secretary of Agriculture on November 10, 1938 (ACP-1939), as amended, and the provisions of the 1939 Range Conservation Program Bulletin issued by the Secretary of Agriculture on November 10, 1938, and the authority vested thereby in the Agricultural Adjustment Administration, payments and grants of aid will be made for participation in the State of North Dakota in the 1939 Agricultural Conservation Program and the 1939 Range Conservation Program in accordance with the provisions of this handbook and such modifications thereof or other provisions as may hereafter be made. This handbook includes all the provisions of said 1939 Agricultural Conservation Program Bulletin, as amended, and of said 1939 Range Conservation Program Bulletin which are applicable in the State of North Dakota, together with certain of the determinations authorized therein to be made by the Agricultural Adjustment Administration or the Director of the Western Division. The provisions of such National Bulletins which do not apply to this State have not been included herein and the words "not applicable" appear in lieu thereof. (b) Availability of funds.-The provisions of the 1939 Agricultural and Range Conservation Programs are necessarily subject to such legislation affecting said programs as the Congress of the United States may hereafter enact; the making of the payments and grants of aid herein provided are contingent upon such appropriation as the 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 North Dakota 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 purpose of the 1939 Agricultural Conservation or Range Conservation Programs 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) AREA A means all counties in the State. (7), (8), and (9) Not applicable. (10) COMMERCIAL POTATO-PRODUCING AREA means the counties of Barnes, Benson, Cass, Cavalier, Foster, Grand Forks, Pembina, Richland, Steele, Traill, and Walsh. (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) NON WHEAT-ALLOTMENT FARM means (a) a farm for which no wheat acreage allotment is determined, (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, or (c) a wind erosion farm. (4) NONGENERAL-ALLOTMENT FARM means a farm for which a total soil-depleting acreage allotment of 20 acres or less is determined and the persons having an interest in the general soil-depleting crops planted on the farm elect, in accordance with instructions issued by the Agricultural Adjustment Administration, to have such farm considered as a nongeneral-allotment farm. (5) WIND EROSION FARM means a farm which is owned or leased by a conservation district, an association determined by the State committee to have been organized for conservation purposes, or a State agency authorized by law to own or lease land for conservation or wind erosion control purposes. (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 mix ture 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 cow beets 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 or when matched acre for acre by a good stand of biennial or perennial legumes seeded alone in 1939 or perennial grasses seeded alone after November 1, 1938, or 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 in any area if not protected from wind and water erosion by the following methods: (1) contour listing (Practice H-5); (2) pit cultivation (Practice H-5); (3) strip cropping (Practice H-4); (4) Incorporating small grain stubble or straw into the surface soil (Practice H-4; (5) by seeding cover crops (Practice B-3); (6) by seeding winter rye as a cover crop prior to September 20 (no credit as a practice); (7) Protecting with strips of sorghums or Sudan grass seeded prior to July 1 not less than one rod in width when seeded in close drills, and if seeded as intertilled crops not less than 8 rows with the intervening fallow strip not more than 10 rods in width, all growth to remain unharvested (no credit for this practice); (8) by furrowing and ridging with furrows 5 inches in depth and the distance between the furrows not exceeding one rod (no credit for this practice). ་ |