SEC. 6.-CHANGES IN LEASING ARRANGEMENTS AND OTHER

DEVICES

No payment will be made to any person who has for 1939 made any change from the 1938 leasing arrangements of range land for the purpose of, or which would have the effect of, diverting to such person any payment to which any lessee would be entitled if the 1938 leasing arrangements of such range land were in effect for 1939. If the State committee finds that any person who files an application for a payment pursuant to the provisions of the 1939 Range Conservation Program has made any change from the 1938 leasing arrangements of such range land or has employed any other scheme or device whatsoever for the purpose of, or which would have the effect of, depriving any other person of any payment or share therein to which such other person otherwise would be entitled, the Secretary may withhold in whole or in part from the person participating in 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 otherwise would be made to such person for performance in connection with the 1939 Range Conservation Program.

SEC. 7.-ELIGIBILITY FOR PAYMENT

(a) Persons eligible to file application.-Application for rangebuilding payment may be made only by ranch operators. Rangebuilding payments will be made to (1) a sole ranch operator, or (2) each ranch operator of a group of two or more ranch operators, provided they all signify in the application for the range-building payment a per centum of the total payment to be made to each ranch operator. In case there are two or more ranch operators, the application must be made by all of them, except that in cases where any ranch operator refuses to sign the application for payment the county committee shall determine the percentage share of each ranch operator and payment of his percentage share will be made to each ranch operator applying for payment in accordance with such determination.

(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 to any ranch operator who fails to file any form or furnish any information required with respect to any ranching unit in which such ranch operator is interested, 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 2 weeks' notice to the public shall be given in advance of the expiration of a time limit for filing prescribed forms.

(c) Excess cotton acreage.-Any person who knowingly plants cotton on his farm in 1939 on acreage in excess of the cotton acreage allotment established for the farm in 1939 shall not be eligible for any payment under the provisions of the 1939 Range Conservation 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.

SEC. 8.-PAYMENT RESTRICTED TO EFFECTUATION OF THE

PURPOSES OF THE PROGRAM

All or any part of any payments which otherwise would be made to any person under the 1939 Range Conservation Program may be withheld (1) if he has adopted any practice which the Secretary determines tends to defeat any of the purposes of the 1939 or previous range conservation programs, (2) if, by means of any corporation, partnership, estate, trust, or any other device, or in any manner whatsoever, he has offset, or has participated in offsetting, in whole or in part, the performance for which such payment is otherwise authorized, or (3) if, with respect to forest land or woodland owned or controlled by him, he adopts any practice which the regional director finds is contrary to sound conservation practices.

No payment will be made to any person if it is determined in accordance with instructions issued by the Agricultural Adjustment Administration that, with respect to any ranch which he owns or operates, the stand of grass has been decreased or the forage, tree growth or watershed has been injured by overgrazing in 1939.

SEC. 9.-PAYMENTS COMPUTED AND MADE WITHOUT REGARD TO CLAIMS

Any payment or share of payment shall be computed and made without regard to questions of title under State law, without deduction of claims for advances (except as provided in Section 13), and without regard to any claim or lien against any crop or livestock, or proceeds thereof, in favor of the owner or any other creditor.

SEC. 10.-INCREASE IN SMALL PAYMENTS

The total payment computed for any person with respect to any ranching unit shall be increased in the same amount as the total payment computed for any person with respect to any farm under the provision of part II of this handbook, in accordance with the provisions of section 11, part II of this handbook.

SEC. 11.-PAYMENTS LIMITED TO $10,000

The provisions of this section are identical with the provisions of section 12, part II, of this handbook, relating to limitation of payment to $10,000, and the provisions of said section 12, part II, are incorporated herein.

SEC. 12. DEDUCTIONS FOR ASSOCIATION EXPENSES

There shall be deducted pro rata from the payments with respect to any ranching unit all or such part as the Secretary may prescribe

of the estimated administrative expenses incurred or to be incurred by the county agricultural conservation association in the county in which the ranching unit is located.

SEC. 13.-ASSIGNMENTS

Any person who may be entitled to any payment in connection with the 1939 Range Conservation Program may assign his interest in such payment in accordance with the provisions of subsection (d) of section 16, part II of this handbook, relating to assignments.

SEC. 14.-ESTABLISHMENT OF GRAZING CAPACITIES

There shall be established a grazing capacity for each ranching unit for which an application for determination of grazing capacity is received on or before June 1, 1939. In determining grazing capacity, consideration shall be given to the following: (a) Composition, palatability, and density of forage growth; (b) climatic fluctuations; (c) distribution and character of watering facilities; (d) topographic and cultural features; (e) presence or absence of rodents and poisonous plant infestations; and (f) number and classes of livestock previously carried. The average of the individual grazing capacities established for all ranching units in a county shall not exceed the county average grazing capacity limit established by the Agricultural Adjustment Administration on the basis of available statistics.

SEC. 15.-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 ranching unit in which he has an interest; (a) Eligibility to sign an application for payment; (b) grazing capacity established for the range land in such ranching unit; or (c) any other matter affecting the right to or the amount of a payment with respect to the ranching unit. The county committee shall notify such person of its decision in writing within fifteen days after receipt of such written request for reconsideration. Such person may appeal from that decision in accordance with the procedure outline in section 18, part II of this handbook, relating to appeals.

SEC. 16.-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 Range Conservation Program.

Issued January 20, 1939, with the approval of the Administrator. CHARLES C. CONSER,

Director, Western Division,

Agricultural Adjustment Administration.

U. S. GOVERNMENT PRINTING OFFICE: 1939

NER-310-Pa.

Issued January 26, 1939

UNITED STATES DEPARTMENT OF AGRICULTURE

AGRICULTURAL ADJUSTMENT ADMINISTRATION

NORTHEAST DIVISION

OUTLINE OF THE 1939 AGRICULTURAL CONSERVATION PROGRAM IN PENNSYLVANIA

The 1939 Agricultural Conservation Program gives farmers all over the country an opportunity to work together in saving their soil and its fertility, bringing about fairer incomes for themselves and assuring consumers plenty of supplies.

In 1939, as in 1938, cooperating farmers in Pennsylvania will be offered payments which they can earn in two ways: (1) By using approved soil-building practices and (2) in some cases, by staying within acreage allotments for potatoes, wheat, tobacco, and vegetables.

LARGEST POSSIBLE SOIL-BUILDING PAYMENT

Each Pennsylvania farmer who takes part in this program is expected to use one or more of the approved soil-building practices which are good for his farm. In order that the farmer will know how many practices he may carry out and for which he can earn payment, the largest possible soil-building payment will be computed for his farm. This largest possible soil-building payment is found by adding all of the following items which apply to the farm:

70 cents times the acreage of cropland on the farm, not counting the acreage in bearing orchards and in the potato, wheat, and tobacco allotments;

$2 times the acreage of bearing orchards on the farm on January 1, 1939; and 40 cents times the acreage of fenced, noncrop open pasture land in excess of one-half the acreage of cropland on the farm.

SOIL-BUILDING PRACTICES

The following are soil-building practices which farmers in Pennsylvania may carry out and for which they can earn payment under the 1939 Agricultural Conservation Program. For each practice carried out as specified and in accordance with good farming practices on any farm, payment at the rate indicated in the description of the practice will be allowed toward earning the largest possible soilbuilding payment established for the farm. However, the payment computed for carrying out practices cannot be larger than the largest possible soil-building payment.

FARM WOODLAND IMPROVEMENT

Practice No. 1.-Planting Forest Trees: Rate of Payment, $7.50 per Acre

The planting of transplanted forest trees (except sugar maples) at the rate of at least 1,000 trees per acre. The planting of 11⁄2 acres

122818-39

of seedlings at the rate of at least 1,000 trees per acre is equivalent to planting 1 acre of transplants. The planting of 2 acres of sugar maple trees at the rate of at least 500 trees per acre is equivalent to planting 1 acre of transplants. The trees are to be evenly distributed and adequately protected against livestock grazing.

Payment for more than one area, if smaller than 1 acre, will be allowed if the total of all such areas on the farm is equal to one-half

acre or more.

The following varieties of forest trees are recommended for planting: Japanese larch, pitch pine, Norway spruce, black locust, red pine, white spruce, red oak, white pine, Scotch pine, black walnut, Banks pine, and sugar maple.

Other varieties may be planted if the county committee, on the advice of the State extension forester, approves the selection.

Practice No. 2.—Improving Woodlands: Rate of Payment, $3 per Acre

The improvement of the stand of forest trees on not more than 5 acres by cutting weed trees or thinning or pruning other trees to develop at least 100 potential timber trees of desirable species well distributed over each acre of woodland improved.

Operators shall obtain prior approval of the county committee and instructions in accordance with recommendations of the State extension forester before performing this practice.

Practice No. 3.-Excluding Livestock from Farm Woodland: Rate of Payment, $0.75 for Each 2 Acres

The restoration of farm woodland previously used for pasture by excluding livestock.

Payment will be allowed for each acre of woodland from which livestock are excluded, but not in excess of 2 acres for each animal unit which is normally allowed to graze in the woodland.

NOTE: Animal unit means one cow, one horse, five sheep, five goats, two calves, or two colts, or the equivalent thereof.

Operators shall obtain approval of the county committee before performing this practice.

ESTABLISHING NEW SEEDINGS

In order to comply for payment for practices 4 to 7, inclusive, the county committee shall determine that (1) at least 32 pounds of available phosphoric acid has been applied per acre between August 1, 1938, and the time of seeding, and (2) sufficient liming material has been applied per acre under practice 14 to earn at least $3, or the application of liming material is not needed in order to assure a good stand because of sufficient lime supplies in the soil or the application of lime during 1936, 1937, or 1938.