after proration of net deductions shall be deducted from such person's share in the production adjustment payment for any other farm in the county, and may be deducted from such person's share of the production adjustment payment for any other farm in the State, if the State committee finds that the crops grown on the farm or farms with respect to which such deductions are computed substantially offset the contribution to the program made on such other farm or farms. These deductions shall be determined as follows:

(1) Tobacco-(i) Farms on which county committee determines that any crop has been destroyed or planting interfered with by flood. No deduction.

(11) Other farms. Ten times the payment rate for each acre planted to cigar filler (type 41), cigar filler and binder (except types 41 and 45) and Georgia-Florida (type 62) tobacco in excess of the applicable allotment and for each acre planted to Burley, fluecured, dark air-cured, and fire-cured tobacco in excess of the applicable allotment plus the larger of 1 of an acre or 5 percent of the allotment, except that no deduction will be made for dark air-cured or fire-cured tobacco if an amount of such tobacco equivalent to the production of the acreage otherwise subJect to deduction is delivered to an agency designated by the Food Distribution Administration for diversion to nicotine.

[Preceding subdivision in small type superseded by following subdivision during period covered by this Supplement]

(ii) Other farms. Ten times the payment rate for each acre planted to Burley or flue-cured tobacco in excess of the applicable allotment plus the larger of .1 of an acre or 5 percent of the allotment.

*

NOTE: 701.403 was amended in the following respects:

Paragraphs (a) (1), (a) (2), and (a) (5) were amended by ACP-1943-15, Aug. 7, 1943, 8 F.R. 11017.

Paragraph (b) was amended by ACP-194312, June 3, 1943, 8 F.R. 7461.

Paragraph (c) was amended by ACP-194314, Aug. 4, 1943, 8 F.R. 10924, and, as amended, subsequently amended by substituting a new subparagraph (1) (11), by ACP-1943-18, Sept. 1, 1943, 8 F.R. 12121.

§ 701.405 Production practice goals, allowances, practices and rates of payment.

(e) Farm production practice allow

ance.

(2) Farms in the Western Region.

The county committee may adjust the preliminary production practice allowance, determined for any farm in accordance with the foregoing factors, by increasing or decreasing the preliminary allowance by not more than 30 percent on the basis of the type and degree of erosion, the topography of the land, the type of soil, the type of farming, the acreage in war crop goals, the need for maintaining and increasing soil fertility, the need for and practicability of water conservation, and the availability of labor, equipment and material required in carrying out needed practices. The preliminary production practice allowances for all farms after such adjustments are made by the county committee shall be increased by 20 percent and the amount so determined for any farm shall be the final production practice allowance for such farm. The sum of the final production practice allowances for all farms in the county shall not exceed 120 percent of an amount determined by the State Committee with the approval of the regional director, and for all counties in the region, shall not exceed 120 percent of the sum of the preliminary production practice allowances.

NOTE: The last paragraph of § 701.405 (e) (2) was amended to read as set forth above, by ACP-1943-16, Aug. 26, 1943, 8 F.R. 11835.

(3) Farms in the Northeast Region.

(iii) In Pennsylvania the allowance shall be increased by the cost of liming material furnished as conservation material after July 24 and after the allowance computed under subdivision (i) above has been earned. [As added by ACP-1943-17, Aug. 21, 1943, 8 F.R. 11605]

(4) Farms in the East Central Region. The production practice allowance for farms in the East Central Region shall be the sum of the following:

(i) Regular allowance. (a) 75 cents per acre of cropland on the farm, exclusive of the average acreage of cropland subject to overflow in counties designated by the State committee and approved by the regional director.

(b) 40 cents per acre of fenced noncrop open pasture land on the farm in excess of one-half the acreage of cropland. The pasture land must be capable of maintaining during the normal pasture season at least one animal unit for each 5 acres.

(c) $2.00 per acre of commercial orchards on the farm.

(d) $1.00 per acre of commercial vegetables grown on the farm in 1940 if the acreage grown was 3 acres or more.

Provided, however, That if the sum of the amounts determined on the basis of the foregoing factors for any farm is less than $20.00, the county committee may adjust the regular production practice allowance for the farm upward to an amount not in excess of $20.00 if it determines that the farm will be operated in 1943: the practices to be performed thereon in 1943 will contribute toward sound conservation and the national war effort; and the land, labor, and equipment available on the farm are sufficient to permit the carrying out of practices in a workmanlike manner, except that in no case shall the allowance as adjusted exceed the sum of $3.00 per acre of cropland and $1.50 per acre of noncrop open pasture land.

(ii) Supplementary materials allowance. A sum equal to the volume of conservation materials furnished and used in the performance of approved practices between July 15, 1943, and December 31, 1943, on any farm on which the regular allowance computed under (i) above has been substantially earned or will be earned by the application of materials previously applied for: Provided, That such sum shall not exceed the amount of allowance computed under (i) above less an amount representing a proper adjustment for small payment increases.

Notwithstanding any other provisions of this bulletin, conservation materials furnished under this supplementary allowance and properly used shall be in lieu of any payment earned by the use of such material. [As amended by ACP-1943-21, Oct. 6, 1943, 8 F.R. 13784]

(5) Farms in the Southern Region.

ALABAMA

(i) The allowance for seeding winter legumes shall be the extent of such practice times the approved rate therefor.

(ii) The allowance for other practices shall be the sum of the following:

(a) $1.00 per acre of cropland on the farm.

(b) 25 cents per acre of fenced noncrop open pasture land on the farm in 1942.

(c) $1.50 per acre of commercial orchards (excluding tung orchards) on the farm in 1942.

(d) The smaller of $5.00 per acre of tung orchards (excluding old nonbearing orchards) or the amount earned by carrying out in tung orchards production practices designated by the regional director and approved by the Agricultural Adjustment Agency. [As amended by ACP-1943-19, Aug. 31, 1943, 8 F.R. 120391

ARKANSAS

(i) The allowance for establishing and improving permanent pasture, developing a continuous system of grazing, contour ridging pasture land, construction of terraces and outlets, establishing vegetative waterways, and seeding winter legumes shall be the extent of such practices times the approved rates therefor. [As amended by ACP-1943-19, Aug. 31, 1943, 8 F.R. 12039]

GEORGIA

(i) The allowance for establishing a stand of lespedeza sericea; establishing a permanent vegetative cover of kudzu; establishing a permanent pasture by sodding and seeding; establishing a permanent pasture by seeding; clearing, cleaning up, and preparing for the establishment of permanent pasture; construction of standard terraces; and seeding winter legumes, shall be the extent of such practices times the approved rates therefor. [As amended by ACP1943-19, Aug. 31, 1943, 8 F.R. 12039]

MISSISSIPPI

(i) The allowance for establishing permanent pasture; establishing perennial grasses; seeding legumes on established perennial grasses; clearing, cleaning up, and preparing for the establishment of permanent pasture; establishing pasture legumes; establishing supplemental winter grazing crops; construction of terraces; and establishing permanent waterways shall be the extent of such practices times the approved rates therefor.

(ii) The allowance for other practices shall be the sum of the following:

(a) $1.00 per acre of cropland on the farm in excess of the sum of the special crop allotments and the cropland in commercial tung orchards and young nonbearing tung orchards. [As amend

ed by ACP-1943-19, Aug. 31, 1943, 8 F.R. 12039]

SOUTH CAROLINA

(i) The allowance for the construction of standard terraces furnished as a conservation service for which proper outlets are provided in Chesterfield, Greenwood, Lexington, and Spartanburg Counties shall be the extent of the practice times the approved rate therefor.

(ii) The allowance for other practices shall be the sum of the following:

(a) 50 cents per acre of cropland on the farm.

(b) $1.50 per acre of commercial vegetables grown on the farm in 1942 where the acreage was 3 acres or more.

(c) $2.00 per acre of commercial orchards on the farm in 1942. [As amended by ACP-1943-24, Dec. 31, 1943, 9 F.R. 491

*

§ 701.406 Division of payments and deductions-(a) Payments and deductions in connection with crop acreage allotments and Irish potato and truck crop payments. (1) Provided further, That if for any reason the total acreage of cotton on a farm in 1943 is less than 80 percent of the cotton allotment for the farm and the acreage of cotton planted or which would have been planted thereon by any producer in 1943 is a substantially smaller proportionate share of the acreage planted to cotton thereon than such producer normally plants thereon and all the persons who are or would have been entitled to receive a share of the proceeds of the cotton agree, as shown by their signatures on the application for payment or a separate statement, the net payment computed for cotton for the farm shall be divided among the landlords, tenants, and sharecroppers in the proportion that the county committee determines that such persons would have been entitled to share in the proceeds of the cotton crop if the entire acreage in the cotton allotment had been planted and harvested in 1943, but in no event shall the acreage share so determined for any person be less than such person's acreage share of the acreage planted to cotton on the farm in 1943:

538431-44-SUPP. VI-BK. 1 -16

The deduction for materials or services shall be made from any payment due the person who obtained the materials or services on the same or any other farm in the county. If the amount of the deduction for materials or services exceeds the amount of the payment for the producer subject to deduction, the amount of the difference shall be paid by the producer to the Secretary: Provided, That in any region wherein the regional director recommends and the Agricultural Adjustment Agency approves, deductions for any deficit will be made insofar as possible from payments computed for other persons on the farm with respect to which such materials or services were furnished. These deductions and refunds, as well as set-offs, for materials or services shall be credited to the appropriation "Conservation and Use of Agricultural Land Resources", fiscal year 1944.

(e) Excess cotton acreage.

Any person who knowingly plants cotton or causes cotton to be planted on a farm in 1943 in excess of 110 percent of the 1943 farm cotton allotment shall not be eligible for payment on any farm except a farm on which the county committee determines that planting has been interfered with by flood in 1943 or on which a substantial part of any crop has been destroyed or damaged by flood or insects in 1943 so that abandonment or replanting is necessary, and the overplanting of cotton on any farm so affected by 1 Increase to $200.

Page 223

flood or insects shall not cause a person to become ineligible for payments on other farms. No person shall be deemed to have knowingly overplanted cotton on a farm if the acreage planted to cotton on the farm in 1943 does not exceed 110 percent of the farm cotton allotment by more than the larger of three acres or three percent. Otherwise, he shall be presumed to have knowingly overplanted cotton on the farm if notice of the farm cotton allotment is mailed to him prior to the completion of the planting of cotton on the farm and he fails to establish 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 1943.

NOTE: The second paragraph of § 701.411 (e) was amended to read as set forth above, Dy ACP-1943-14, Aug. 4, 1943, 8 F.R. 10924. § 701.412 Application for payment(a) Persons eligible to file applications. An application for payment with respect to a farm may be made by any person for whom, under the provisions of § 701.406, a share in the payment with respect to the farm may be computed. [As amended by ACP-1943-20, Sept. 28, 1943, 8 F.R. 132811

*

§ 701.415 Definitions.
(e) Miscellaneous.

(10) "Special crop" means corn, cotton, wheat, tobacco or rice. [As amended by ACP-1943-12, June 3, 1943, 8 F.R. 7461]

§ 701.416 Authority, availability of funds, and applicability.

NOTE: 701.416 (c) was amended by deleting the reference therein to "§ 701.407" and substituting therefor "§ 701.408," by ACP1943-12, June 3, 1943, 8 F.R. 7461.

(4) The 1943 State average yield of rice for the Territory of Hawaii is 42.12 hundredweight. [As added by ACP1943-Insular-1, July 21, 1943, 8 F.R.

10298]

§ 702.403 Tobacco-(a) State allotment. The State allotment of tobacco for Puerto Rico is 35,000 acres.

(c) Normal yield. *

(1) If the average of the normal yields established for all farms (weighted by the tobacco acreage allotments therein) exceeds 672 pounds (farm weight) of tobacco per acre, which is the adjusted average yield (farm weight) per acre for the State during the five crop years 1937-38 to 1941-42, inclusive, the normal yield for these farms shall be reduced pro rata so that the average of all normal yields shall not exceed this figure. [As amended by ACP-1943-Insular-2, Sept. 8, 1943, 8 F.R. 12459]

Rates of payment and further conditions.

706.507

Application and eligibility for payment.

706.508 Administration.

AUTHORITY: §§ 706.501 to 706.508, inclusive, issued under 49 Stat. 1148, 1915, 50 Stat. 329, 52 Stat. 31, 204, 205, 746, 53 Stat. 550, 573; 16 U.S.C. 590g-590q.

§ 706.501 Authority and availability of funds. Payments will be made for participation in the 1944 Naval Stores Conservation Program in accordance with the provisions of this bulletin and such modifications thereof or other provisions as may hereafter be made.

The provisions of the 1944 Naval Stores Conservation Program are necessarily subject to such legislation affecting said program as the Congress of the United States may hereafter enact; the making of the payments herein provided for is contingent upon such appropriation as the Congress may hereafter provide for such purposes; and the amounts of such payments will be finally determined by such appropriation and by the extent of participation in the program. Any increase or decrease in the rates of payments set forth herein because of the extent of participation in the program will not be in excess of 10 percent.

§ 706.502 Definition of terms. (a) "Turpentine farm" means the land and turpentine timber owned or leased, or operated on a sharecrop basis, and under one management and in one general locality, which is being operated for the production of gum naval stores.

(b) "Gum naval stores" means crude gum (oleoresin), gum turpentine, and gum rosin produced from living trees. Gum naval stores does not include naval stores produced from dead timber, stumps, knots, etc.

(c) "Producer" means any person or persons, firm, partnership, corporation, or other business enterprise, doing business as a single legal entity and producing gum naval stores from timber controlled for turpentine purposes through fee ownership, cash lease, percentage lease, share lease, or other form of control.

(d) "Face" means the whole wound or aggregate of streaks made by chipping, streaking, or pulling the live tree to stimulate the flow of crude gum (oleoresin), hereinafter referred to as gum.

(e) "Cup" means a container made of metal, clay, or other material hung on or below the face to accumulate the flow of gum.

(f) "Tins" means the gutters or aprons, made of sheet metal or other material, used to aid in conducting the gum from a face into a cup.

(g) "Crop" means 10.000 faces.

(h) "Drift" or "tract" means a portion or subdivision of a crop set apart for convenlence of operation.

(1) "D. b. h." means diameter breast height: 1. e., diameter of tree measured at 42 feet from the ground.

(1) "Turpentine season" means the entire calendar year or, if a turpentine farm is operated less than the full calendar year, that period within the calendar year during which a producer is operating his farm for the production of gum naval stores.

(k) "Application" means the prescribed form of application for payment for cooperating in the 1944 Naval Stores Conservation Program (hereinafter referred to as this program).

§ 706.503 Duration of program. The period during which this program is to be in

effect is the period January 1 to December 31, 1944, inclusive.

Payment

§ 706.504 Kind of payments. will be made, at the rates and subject to the conditions set forth in § 706.506 to producers who in 1944 carry out the approved practices set forth in § 706.505 with respect to turpentine farms currently being worked in 1944, beginning such cooperation within time limits to be established by the Forest Service of the United States Department of Agriculture (hereinafter referred to as the Forest Service) as appropriate and practicable time limits necessary to afford full opportunity to producers to cooperate in this program and to obtain a full measure of compliance with the objectives of this program.

§ 706.505 Conditions of payment; performance required. In order to qualify for payment, producers shall meet the following requirements:

(a) Working small trees prohibited. No face (either old or new) shall be worked during the 1944 turpentine season on any tree less than 9 inches d. b. h. on any turpentine farm or farms owned, leased, or worked by the participating producer.

(b) Only one face permitted on trees under 14 inches in diameter. No tree that is less than 14 inches d. b. h. shall have more than one face worked during the 1944 turpentine season on any turpentine farm or farms owned, leased, or worked by the participating producer.

(c) Virgin faces on trees 9 inches or larger eligible for payment. Payment will be made on all virgin faces worked, either owned or leased, by the participating producer if all such virgin faces are on trees 9 inches d. b. h. or larger.

(d) Working quotas. For this program there will be no recognition of "base" as it was used in any previous program; and therefore no limitation resulting from “base” provisions as to the number of faces a producer may work. A producer may work any number of faces under this program, provided that all faces so worked conform to the performance requirements outlined in the other paragraphs of this section.

(e) Written evidence of leases required. Any producer who acquires faces through a new lease or the renewal of an expiring lease must present to the Forest Service satisfactory proof in writing of such a transaction.

(1) Restrictions concerning non-participating operations. Any producer otherwise participating in this program who permits his labor to operate timber which he owns or controls and cannot operate and remain eligible for participation under the terms of this program, or who assists in any manner in the operation of such timber or the sale or processing of the gum therefrom, either directly or through a relative or employee or through any member, officer, or employee of any partnership, corporation, or other business enterprise in which he has any interest or with which he has any con