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 provisions 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 limitations 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 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.

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

SECTION I. Allotments and yields for States, counties, and farms_.

II. Commodities-Payments and deductions-

A. Total soil-depleting crops_

B. Wheat

C. Tobacco_.

D. Cotton___

E. Commercial potatoes.

F. Corn..-.

G. Commercial vegetables..

III. Soil-building goals, payments, and practices_

IV. Division of payments and deductions

V. General provisions relating to payments and deductions-

VI. Materials furnished by A. A. A. to carry out soil-building

practices.

VII. Application for payment.

VIII. Appeals___

IX. Definitions_

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AUTHORITY AND APPLICABILITY

The 1939 Agricultural Conservation Program Bulletin (ACP-1939, referred to herein as the national bulletin) issued by the Secretary of Agriculture on November 10, 1938, and amendments thereto, contained the provisions of the 1939 program for the United States. This bulletin (ECR-301-Ky.) restates in a simplified form and in more general terms certain provisions of the national bulletin which are applicable in the State of Kentucky, and also contains certain of the determinations authorized by the national bulletin which is controlling.

The provisions of the 1939 program are necessarily subject to any legislation which Congress may enact. Payments and grants of aid will be made from Congressional appropriation. The payments will be limited by the amount of the appropriation, the apportionment of the appropriation under the provisions of the Soil Conservation and Domestic Allotment Act, as amended, and the extent of national participation in the program. As an adjustment for the extent of participation in the program, the rates of payment and deductions may be increased or decreased by as much as 10 percent.

The 1939 program is applicable to all land in the State of Kentucky, except (1) public domain of the United States, including land owned by the United States and administered by the Forest Service

131127°-39

of the United States Department of Agriculture, and (2) other lands of which the beneficial ownership is in the United States.

SECTION I. ALLOTMENTS AND YIELDS FOR STATES, COUNTIES, AND FARMS

A. State allotments.-State acreage allotments for wheat, tobacco, cotton, potatoes, and corn (hereinafter referred to as "special crops"), and for total soil-depleting crops shall be established by the Secretary. B. County allotments.-County allotments shall be established by distributing the respective State allotments among the counties, pro rata, taking into consideration the acreage normally devoted to these crops, abnormal conditions, and trends.

C. Farm allotments. The county committee with the assistance of other local committees shall apportion the county allotments among farms in accordance with instructions issued by the A. A. A.

D. Farm normal yields.-The county committee with the assistance of other local committees shall determine for each farm, in accordance with applicable instructions, a normal yield per acre for each special crop for which an allotment is established. The weighted average of such yields for all farms in a county shall not exceed the normal yield established for the county.

SECTION II. COMMODITIES PAYMENTS AND DEDUCTIONS

A. TOTAL SOIL-DEPLETING CROPS

1. National goal.-The 1939 national goal for soil-depleting crops is 270,000,000 to 285,000,000 acres.

2. Farm allotments.-A total soil-depleting allotment will be established for each farm which has a special-crop allotment.

3. Deduction.-If for any farm the acreage classified as soil-depleting exceeds the total soil-depleting allotment, a deduction will be made at the rate of $5 for each acre classified as soil-depleting in excess of the larger of (a) the total soil-depleting allotment plus the acreage of special crops and commercial vegetables for which deductions are computed, or (b) the acreage of cotton and tobacco plus 20 acres.

B. WHEAT

1. National goal.-The 1939 national goal for wheat is 55,000,000 to 60,000,000 acres.

2. Payment.

(a) On a wheat-allotment farm the payment is 17 cents per bushel of the normal yield of wheat for the farm for each acre in the wheat allotment.

(b) On a non-wheat-allotment farm the payment will be included in the payment computed for cropland, to be earned in connection with soil-building practices.

3. Deduction.-A deduction of 50 cents per bushel of the normal yield of wheat for the farm will be made

(a) On a wheat-allotment farm for each acre planted to wheat in excess of the wheat allotment.

(b) On a non-wheat-allotment farm for each acre of wheat classified as soildepleting in excess of the larger of 8 acres, or the usual acreage of wheat established for the farm.

UNITED STATES OF AMERICA

MAY 11 39

COMMODITIES-PAYMENTS AND DEDUCTIONS

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4. Acreage planted to wheat means (a) any acreage seeded to wheat which is on the farm on or after December 15, 1938 (except when it is seeded in a mixture 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 that could not be harvested as wheat for grain or seed); and (b) any acreage which is seeded to such mixture containing wheat but the crops other than wheat fail to reach maturity and the wheat is harvested for grain or hay: Provided, howerer, That the acreage planted to wheat may, in accordance with instructions issued by the Regional Director, be redetermined as of a later date.

5. Wheat-allotment farm means a farm on which 100 bushels or more of wheat are normally produced for market.

6. Non-wheat-allotment farm means a farm on which the normal production of wheat for market is less than 100 bushels.

C. TOBACCO

1. National goal.-The 1939 national goal for

(a) Burley tobacco is 375,000 to 410,000 acres.

(b) Fire-cured and dark air-cured tobacco is 150,000 to 170,000 acres.

2. Payments. The payment per pound of the normal yield of tobacco for the farm for each acre in the tobacco allotment is

(a) 0.8 cent for burley, and

(b) 1.4 cents for fire-cured and dark air-cured.

3. Deduction.-A deduction will be made at the rate of

(a) 2 cents per pound of the normal yield of tobacco for the farm for each acre harvested in excess of the tobacco allotment but not in excess of 110 percent of the tobacco allotment, and

(b) 8 cents per pound of the normal yield of tobacco for the farm for each acre harvested in excess of 110 percent of the tobacco allotment for the farm.

D. COTTON

1. National goal.-The 1939 national goal for cotton is 27,000,000 to 29,000,000 acres.

2. Payment. The payment is 2 cents per pound of the normal yield of cotton for the farm for each acre in the cotton allotment. 3. Deduction. A deduction of 4 cents per pound of the normal yield of cotton for the farm will be made for each acre planted to cotton in excess of the cotton allotment.

4. Acreage planted to cotton means the acreage seeded to cotton, the staple of which is normally less than 1%1⁄2 inches in length, which reaches a stage of growth at which bolls are first formed.

E. COMMERCIAL POTATOES

The commercial potato counties are Jefferson and Oldham.

1. National goal.-The 1939 national goal for potatoes is 3,100,000 to 3,300,000 acres.