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 or bush fruits on the farm on January 1, 1939 (excluding nonbearing orchards) 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 restoration land, and any land which constitutes or will constitute, if such tillage is continued, a wind erosion hazard to the community, and excluding also any land in commercial orchards.

(6) RESTORATION LAND means farm land in Area A which has been cropped at least once since January 1, 1930, and which is designated by the county committee as land on which, because of its physical condition and texture and because of climatic conditions, a permanent vegetative cover should be restored.

(7) NONCROP, OPEN PASTURE LAND 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 purpose of the 1939 Range Conservation Program.

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

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

(3) 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.

(4) 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.

(5) 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.

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

(7) 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 soilbuilding practices that will conserve and improve soil fertility and prevent wind and water erosion.

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

Section 4. COUNTY ACREAGE ALLOTMENTS AND GOALS

The Agricultural Adjustment Administration with the assistance of the State committee and the approval of the Secretary shall establish county acreage allotments and restoration land goals 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

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among the counties in the State pro rata on the basis of the acreage seeded for the production of wheat plus the acreage diverted under agricultural adjustment and conservation programs in such counties during the ten years, 1928 to 1937, inclusive, with adjustments for abnormal weather conditions and trends in acreage in accordance with a procedure approved by the Secretary.

(e) Not applicable.

(f) Potato allotment.-County acreage allotments of potatoes for counties in commercial potato-producing areas shall be established by distributing the State acreage allotment of potatoes among such counties in the State on the basis of the acreage allotments established under the 1938 program or, if counties are included for which acreage allotments were not established under the 1938 program, on the basis of the average acreage devoted to potatoes in such counties during the five years, 1933 to 1937, inclusive, taking into consideration trends in acreage on commercial potato-producing farms and also taking into consideration the acreage of potatoes on noncommercial potatoproducing farms.

(g) Not applicable.

(h) Restoration-land goal.-County goals for restoration land shall be established by distributing the applicable State restoration-land goal among the counties in area A, on the basis of the amount of land in such counties which was cropped at least once since January 1, 1930, but on which, because of its physical condition and texture and because of climatic conditions, a permanent vegetative cover should be restored.

(i) Soil-building goal.-Insofar as practicable, county goals shall be established for particular soil-building practices which are not routine farming practices and which are most needed in the county in order to conserve and improve soil fertility and to prevent wind and water erosion.

Section 5. FARM ACREAGE ALLOTMENTS AND GOALS

The county committee, with the assistance of other local committees in the county, shall establish acreage allotments and goals in accordance with provisions contained herein and instructions issued by the Agricultural Adjustment Administration. Except as otherwise provided herein the soil-depleting acreage allotments established for the farms in a county shall not exceed the applicable county acreage allotments established for the county, and the sum of the acreage allotments for farms with respect to which allotments are established shall not exceed their proportionate share of the county acreage allotments.

(a) Total soil-depleting acreage allotment. The total soil-depleting acreage allotment for any farm shall be determined on the basis of good soil management, tillable acreage on the farm, type of soil, topography, degree of erosion and the acreage of all soil-depleting crops customarily grown on the farm, taking into consideration special-crop acreage allotments determined for the farm. The total soil-depleting acreage allotment for any farm shall be comparable with the allotments determined for other farms in the same community which are similar with respect to such factors. Total soildepleting allotments will be established for all farms in area A and for farms for which a special-crop acreage allotment is established in Area B.

(b) and (c) Not applicable.

(d) Wheat allotment.-Acreage allotments of wheat shall be determined for farms on which wheat has been planted for harvest in one or more of the years 1936, 1937, and 1938, on the basis of tillable acreage and crop-rotation practices as reflected in the usual acreage of wheat on the farm or the ratio of wheat acreage to cropland in the community or in the county, and on the basis of the type of soil and topography. Not more than 3 percent of the county wheat-acreage allotment shall be apportioned to farms in such county on which wheat was not planted for harvest in any one of the three years 1936, 1937, and 1938, on the basis of tillable acreage, crop-rotation practices, type of soil, and topography. The wheat-acreage allotment for any farm shall be comparable with the allotment determined for other farms in the same community which are similar with respect to such factors. Wheat-acreage allotments for 1939 may be established for all farms: Provided, That no allotment will be established for farms with respect to which the allotment determined for the farm is or would be 8 acres or less and, in accordance with instructions issued by the Agricultural Adjustment Administration, the persons having an interest in the wheat planted on the farm elect to have such farm considered as a nonwheat-allotment farm; and Provided, further, That in no event shall a wheat-acreage allotment be established for a wind-erosion farm.

(e) Not applicable.

(f) Potato allotment.-In counties included in the commercial potato-producing areas, potato-acreage allotments shall be established for each farm for which the normal acreage of potatoes for market is determined to be three acres or more. Potato-acreage allotments shall be established on the basis of good soil management, tillable acreage on the farm, type of soil, topography, production facilities, and the acreage of potatoes customarily grown on the farm. The potato-acreage allotment for any farm shall be comparable with the allotments for other farms in the same community which are similar with respect to such factors.

(g), (h), (i), (j), and (k) Not applicable.

(1) Restoration-land goal.-Restoration land goals shall be determined on the basis of the land in the farm which was designated as restoration land under the 1938 program and any additional land in the farm which has been cropped at least once since January 1, 1930, but on which, because of its physical condition and texture and because of climatic conditions, a permanent vegetative cover should be restored.

(m) Soil-building goal. The soil-building goal for any farm shall be one unit of soil-building practices for each $1.50 of the payment computed for the farm under section 8 (k): Provided, That for any wind-erosion farm the soil-building goal shall not be less than one unit for each $2.00 of the total payment computed for the farm under section 8, and the total payment computed for a wind-erosion farm under section 8 shall be considered as a payment in connection with soil-building practices. Insofar as practicable, the county committee shall determine for individual farms practices to be followed in meeting the goal which are not routine farming practices on the farm, but which are needed on the farm in order to conserve and improve soil