which is not in substantial accord with the purposes for which materials are furnished, and as to the amount of the material so misused, shall be final when approved by the State committee, subject to the right of appeal.

SEC. VII. APPLICATION FOR PAYMENT

A. Persons eligible to file applications.-An application for payment for a farm may be made by any person who, under the provisions of Section IV, shares in the payment which may be computed for any farm and (1) who at the time of harvest is entitled to share in any of the crops grown on the farm under a lease or operating agreement, or (2) who is owner or operator of such farm and participated thereon in 1940 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 on or before a date fixed by the Regional Director, but not later than March 31, 1941. The Secretary reserves the right (1) to withhold payment from any person who fails to file any form or furnish any information required on 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 2 weeks' notice to the public shall be given of the expiration of a time limit for filing prescribed forms and any time limit fixed shall be such as affords a full and fair opportunity to those eligible to file the form within the period prescribed. 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. Application 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 on one of the farms, such person must make application for payment on all such farms which he operates or rents to other persons. Upon request of the State committee, any person shall file with the committee such information as it may request regarding any other farm in the State from which he has the right to receive all or a portion of the crops or proceeds thereof.

SEC. VIII. APPEALS

Any person may, within 15 days after notice is forwarded to or made available to him, request the county committee in writing to reconsider its recommendation or determination regarding any of the following matters affecting any farm in which he has an interest; (a) eligibility to file an application for payment; (b) any allotment, usual acreage, yield, measurement, or 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 in writing of its decision within 15 days

after receipt of the written request for reconsideration. If such person is not satisfied with the decision of the county committee, he may, within 15 days after the decision is forwarded to or made available to him, appeal in writing to the State committee. The State committee shall notify the person in writing of its decision within 30 days after the receipt of the appeal. If such person is not satisfied with the decision of the State committee, he may, within 15 days after the decision is forwarded to or made available to him, request the Regional Director to review the decision of the State committee. Written notice of any decision rendered under this section by the county or State committee shall also be issued to each person known to it who, as landlord, tenant, or sharecropper having an interest in the operation of the farm, may be adversely affected by such decision. Only a person who shows that he is adversely affected by the outcome of any request for reconsideration or appeal may appeal the matter further, but any person, who as landlord, tenant, or sharecropper having an interest in the operation of the farm, would be affected by the decision to be made on any reconsideration by the county committee or subsequent appeal shall be given a full and fair hearing if he appears when the hearing thereon is held.

SEC. IX. DEFINITIONS

For the purposes of the 1940 program—

Secretary means the Secretary of Agriculture of the United States. Administrator means the Administrator of the Agricultural Adjustment Administration.

Regional Director means the Director of the East Central Division of the Agricultural Adjustment Administration.

State committee means the groups of persons designated to assist in the administration of the agricultural conservation program in Maryland and Delaware.

County committee means the group of persons elected within any county to assist in the administration of the agricultural conservation program in such county.

East Central Region means the area included in the States of Delaware, Kentucky, Maryland, North Carolina, Tennessee, Virginia, and West Virginia.

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.

Landlord or owner means a person who owns land and rents such land to another person or operates such land.

Sharecropper means a person who works a farm in whole or in part under the general supervision of the operator and is entitled to receive for his labor a share of a crop produced thereon or the proceeds thereof.

Tenant means a person other than a sharecropper 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.

Cropland means farm land which in 1939 was tilled or was in regular rotation, excluding any land in commercial orchards or perennial vegetables.

Noncrop, open pasture land means pasture land (other than rotation pasture 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.

Commercial orchards and perennial vegetables mean the acreage in planted or cultivated fruit trees, nut trees, vineyards, or bush fruits or perennial vegetables on the farm on January 1, 1940 (excluding nonbearing orchards and vineyards), from which the major part of the productions is normally sold.

Special crop acreage allotment means a wheat, potato, or commercial vegetable acreage allotment.

Animal unit means 1 cow, 1 horse, 5 sheep, 5 goats, 2 calves, or 2 colts, or the equivalent thereof.

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

1. Any other adjacent or nearby farm land which the county committee determines is operated by the same person as a 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, and

2. 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.

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.

Soil-depleting acreage means the acreage of land devoted during the 1940 crop year to one or more of the following crops or uses (land on which a volunteer crop is harvested shall be classified as if the crop had been planted):

1. Corn planted for any purpose except sown corn used as a cover crop or green-manure crop and sweet corn or popcorn grown in a home garden for use on the farm.

2. Tobacco harvested for any purpose.

3. Grain sorghum planted.

4. Broomcorn planted for any purpose.

5. Potatoes planted for any purpose except when grown in a home garden for use on the farm.

6. Annual truck and vegetable crops planted for any purpose, except when grown in a home garden for use on the farm.

7. Strawberries harvested for any purpose except when grown in a home garden for use on the farm.

8. Commercial bulbs and flowers, including cultivated sunflowers harvested for any purpose.

9. Peas planted for canning, freezing, or dried peas, except when grown in a home garden for use on the farm.

10. (Wheat (on a wheat-allotment farm) planted (or regarded as planted) for any purpose.

11. Wheat (on a non-wheat-allotment farm), oats, barley, rye, flax, or mixtures of these crops harvested for grain.

12. Wheat (on a non-wheat-allotment farm), oats, barley, flax, rye, or mixtures of these crops harvested for hay except (1) when such crops are used as nurse crops for legumes or perennial grasses which are seeded in a workmanlike manner 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.

13. Buckwheat, sweet sorghums, Sudan grass, or millet, harvested for any purpose.

U. S. GOVERNMENT PRINTING OFFICE: 1940