Agricultural Conservation Program: Handbooks

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.

Section 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.

Section 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 sec. 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.

Section 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 provisions of part II of this handbook, in accordance with the provisions of section 11, part II of this handbook.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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 15 days after receipt of such written request for reconsideration. Such person may appeal from that decision in accordance with the procedure outlined in section 18, part II of this handbook relating to appeals.

Section 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

Reference

UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL ADJUSTMENT ADMINISTRATION

WESTERN DIVISION

KANSAS HANDBOOK

1939 AGRICULTURAL AND RANGE CONSERVATION PROGRAMS

(For use by State Committeemen, County Committeemen, Community Committeemen, Extension Workers, and Farm Leaders)

CONTENTS

PART I. GENERAL