FIRE GUARDS 17. Establishment of fireguards—Payment, 5 cents per 100 linear feet: Fireguards must not be less than 10 feet in width and must be constructed by exposing the soil by plowing furrows or by other mechanical means. All vegetation in the fireguard must be destroyed. Proper arrangements must be made to prevent erosion and gullying, and the fireguards otherwise maintained throughout the year. Payment will not be made if the fireguard is used in connection with controlled burning within the ranching unit. Section 5. GENERAL CONDITIONS FOR PAYMENT Application for range-building payments may be made only by a ranch operator, who is the person operating a ranching unit as owner or lessee, or a person who acts in a similar capacity in the operation of a ranch. In case there are two or more ranch operators, the application must be signed by all of them. However, if one or more refuse to sign, the county committee will determine the percentage shares of the operators who have signed the application. An owner or lessee who will operate the ranch for a portion of the year must apply for inspection before the closing date for accepting applications in order to qualify under the program by performance after he actually assumes operation. Payment may be withheld from any ranch operator who fails to file within the prescribed time any form or furnish any information required concerning any ranch or farm in which he is interested. Payment will be made only upon application submitted through the county office on or before March 31, 1941. No payment will be made for any practice for which one-half or more of the total cost of the labor, seed, trees, or materials used in carrying out the practice are furnished by any State or Federal agency other than the Agricultural Adjustment Administration. If less than one-half of the total cost of the labor, seed, trees, or other materials used in carrying out any practice is furnished by a State or Federal agency, other than the Agricultural Adjustment Administration, one-half of such practice shall qualify for payment. All or any part of any payment under this program may be withheld, or required to be returned, from any ranch operator (1) who has adopted any practice which the Secretary determines tends to defeat the purposes of the 1940 or previous range conservation programs or who in any manner whatsoever offsets or participates in offsetting performance for which payment is sought; (2) who adopts any practice on forest or woodland controlled by him which the Director of the Southern Division finds is contrary to sound conservation practices; (3) where adequate inspection of his ranch shows the stand of grass has been decreased or the forage, tree growth, or the watershed has been injured by overgrazing in 1940, consideration being given to rainfall, rate of stocking, and other local conditions; or (4) who changes for 1940 the 1939 leasing arrangements so as to divert to himself payments which would have been made to the lessee under the 1939 conditions of the lease, or who the State committee finds has employed any other scheme or device which would have the effect of depriving any other person of any payment or share of payment to which such other person otherwise would be entitled. No deduction will be made from payments earned under the range conservation program because of failure to meet soil-depleting acreage requirements and other conditions of the Agricultural Conservation Program. However, under the marketing-quota provisions of the Agricultural Adjustment Act of 1938, no payment will be made for participation in the 1940 Range Conservation Program to any person who knowingly overplants in 1940 the cotton allotment determined under such act for any farm in which he has an interest. The total of all payments made in connection with programs for 1939 under Section 8 of the Soil Conservation and Domestic Allotment Act to any individual, partnership, or estate with respect to farms, ranching units, and turpentine places located within a single State, Territory, or possession, shall not exceed the sum of $10,000 prior to deduction for association expenses in the county or counties with respect to which the particular payment is made. The total of all payments made in connection with programs for 1939 under Section 8 of the Soil Conservation and Domestic Allotment Act to any person other than an individual, partnership, or estate with respect to farms, ranching units, and turpentine places in the United States (including Alaska, Hawaii, and Puerto Rico) shall not exceed the sum of $10,000 prior to deduction for association expenses in the county or counties with respect to which the particular payment is made. All or any part of any payment which has been or otherwise would be made to any person under the 1940 Agricultural Conservation Program, including the Range Conservation Program, may be withheld or required to be returned if he has adopted or participated in adopting any scheme or device, including the dissolution, reorganization, or formation of any corporation, partnership, estate, trust, or by any other means, which was designed to evade, or would have the effect of evading, the provisions of this section. Any payment or share of payments 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 6), 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 6. ASSIGNMENTS A person may assign his interest in any payment due him under the 1940 Range Conservation Program as security for loan or advance made for financing the carrying out of range-building practices in 1940. An assignment must be made in writing on Form ACP-69 in accordance with instructions (ACP-70) issued by the Agricultural Adjustment Administration and filed in the county office. No assignment will be recognized unless it is entitled to priority as determined under the instructions issued by the Agricultural Adjustment Administration. The assignee is not entitled to any payment other than at to which the ranch operator is entitled, nor (as provided in the atute) shall the Secretary or any disbursing agent be subject to any it or liability if payment is made to the ranch operator without gard to the existence of any such assignment. Section 7. DEDUCTIONS FOR ASSOCIATION EXPENSES There shall be deducted pro rata from the payments with respect any ranching unit all or such part as the Secretary may prescribe f the estimated administrative expenses incurred or to be incurred y the county agricultural conservation association in the county which the ranching unit is located. Section 8. APPEALS Any ranch operator who considers himself aggrieved by any ecommendation or determination of the county committee may, ithin 15 days after notice thereof is given, request the county comittee in writing to reconsider the recommendation or determination. Appeals may also be taken from the decisions of the county comittee to the State committee and to the Director of the Southern Division in accordance with procedure issued by the Director of the Southern Division. Section 9. AUTHORITY This Handbook for Texas and Oklahoma, outlining the Range Conservation Program for 1940, is issued pursuant to the provisions f the 1940 Range Conservation Program Bulletin, which was aproved by the Secretary of Agriculture on September 28, 1939; and Il payments for range-building practices will be made in 1940 in ccordance with the provisions of this Handbook and such modificaions thereof or other provisions as may hereafter become necessary, xcept that in case of a conflict between this Handbook and the National Bulletin, the National Bulletin shall govern. Issued November 7, 1939, with the approval of the Administrator. (Signed) I. W. DUGGAN, Director, Southern Division, Agricultural Adjustment Administration. о nce UNITED STATES DEPARTMENT OF AGRICULTURE WESTERN DIVISION UTAH HANDBOOK 1940 Agricultural Conservation Program PURPOSES OF THE PROGRAM 1. To protect and restore the soil resources of the Nation by assisting farmers to plant soil-building crops and carry out soil-building and range-building practices. 2. To raise farm income by bringing supplies of major crops in line with demand and by offering payments to farmers for cooperating in bringing about better conditions for agriculture. 3. To stabilize and maintain adequate food supplies for consumers. Part I. 1940 AGRICULTURAL CONSERVATION PROGRAM HOW THE PROGRAM WORKS Payments may be earned by planting within farm acreage allotments and by carrying out soil-building and soil-conserving practices. Individual farm allotments are determined by the county committee in cooperation with community committees for wheat in all counties, and potatoes and commercial vegetables in counties in which the production of these crops is important. Normal yields are also established for wheat and potatoes. WHEAT Wheat acreage allotments and yields are determined by the county committee in cooperation with community committees for all farms on which wheat is grown. Payment and deduction on wheat-allotment farms.-A payment will be computed equal to 9 cents per bushel times the normal yield of wheat for the farm for each acre in its wheat acreage allotment. The approximate amount of the wheat payment is shown on WR-406B. A deduction will be made on a wheat allotment farm of 50 cents per bushel times the normal yield for each acre planted to wheat in excess of its wheat acreage allotment. Nonwheat-allotment farms.-A farm may be considered to be a nonwheat-allotment farm if the persons having an interest in the wheat so elect. A farm for which a wheat acreage allotment was not determined is also cnsidered to be a nonwheat-allotment farm. No wheat payment will be made on a nonwheat-allotment farm. 200949-40 |