of agricultural producers and the agricultural extension service, or other approved agencies. In carrying out the provisions of this section, the Secretary shall not have power to enter into any contract binding upon any producer or to acquire any land or any right or interest therein. In carrying out the provisions of this section, the Secretary shall, in every practicable manner, protect the interests of small producers. The Secretary in administering this section shall in every practical way encourage and provide for soil conserving and soil rebuilding practices rather than the growing of soil depleting commercial crops. (c) Any payment or grant of aid made under subsection (b) shall be conditioned upon the utilization of the land, with respect to which such payment is made, in conformity with farming practices which the Secretary finds tend to effectuate the purposes specified in clause (1), (2), (3), or (4) of section 7 (a). SEC. 9. The Secretary is authorized to conduct surveys, investigations, and research relating to the conditions and factors affecting, and methods of accomplishing most effectively, the policy and purposes of section 7 (a). Notwithstanding any provision of existing law, the Secretary is authorized to make public such information as he deems necessary to carry out the provisions of this Act. SEC. 10. The term 'agricultural commodity' as used in this Act means any such commodity and any regional or market classification, type, or grade thereof. SEC. 11. All funds available for carrying out this Act shall be available for allotment to the bureaus and offices of the Department of Agriculture and for transfer to such other agencies of the Federal or State Governments as the Secretary may request to cooperate or assist in carrying out this Act. SEC. 12. Whenever the Secretary finds that the exercise of the powers conferred in this section will tend to carry out the purpose specified in clause (5) of section 7 (a), or will tend to provide for and maintain a continuous and stable supply of agricultural commodities adequate to meet consumer demand at prices fair to both producers and consumers, or both, he shall use such part as he deems necessary of the sums appropriated to carry out this Act for the expansion of domestic and foreign markets or for seeking new or additional markets for agricultural commodities or the products thereof or for the removal or disposition of surpluses of such commodities or the products thereof. SEC. 13. Notwithstanding the foregoing provisions of this Act, the Secretary is authorized and directed to provide for the execution by the Agricultural Adjustment Administration of such powers conferred upon him under sections 7 to 14, inclusive, of this Act as he deems may be appropriately exercised by such Administration, and for such purposes the provisions of law applicable to the appointment and compensation of persons employed by the Agricultural Adjustment Administration shall apply. SEC. 14. The facts constituting the bases for any payment or grant or the amount thereof authorized to be made under sections 7 or 8 hereof, when officially determined in conformity with rules or regulations prescribed by the Secretary of Agriculture, shall be reviewable only by the Secretary of Agriculture. SEC. 15. To enable the Secretary of Agriculture to carry out the purposes of sections 7 and 8 there is hereby authorized to be appropriated for any fiscal year not exceeding $500,000,000. SEC. 16. The obligations incurred for the purpose of carrying out, for any calendar year, the provisions of sections 7 to 14, inclusive, of this Act shall not exceed $500,000,000. SEC. 17. (a) This Act shall apply to the United States, the Territories of Alaska and Hawaii, and the possession of Puerto Rico, and as used in this Act, the term "State" includes Alaska, Hawaii, and Puerto Rico. (b) This Act may be cited as the "Soil Conservation and Domestic Allotment Act." SEC. 2. Section 32 of the Act to amend the Agricultural Adjustment Act, and for other purposes, approved August 24, 1935, is amended by striking out clause (3) and inserting in lieu thereof, "(3) reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final." and by striking out that part of the last sentence thereof which precedes the second proviso and inserting in lieu thereof: "The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes of this section:". SEC. 3. The unexpended balance of the funds appropriated by the second paragraph of Public Resolution Numbered 27, Seventy-third Congress, approved May 25, 1934, to carry out section 2 and section 6 of the Act entitled "An Act to amend the Agricultural Adjustment Act so as to include cattle and other products as basic agricultural commodities, and for other purposes", approved April 7, 1934, and the unexpended balance of the funds appropriated or reappropriated by section 37 of Public Act Numbered 320, Seventy-fourth Congress, entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes", is authorized to be made available for the purposes enumerated in said Acts until June 30, 1937. The authorization, which is limited to June 30, 1936, contained in section 37 of Public Act Numbered 320, Seventy-fourth Congress, is likewise extended so that the funds therein authorized are authorized to be made available until June 30, 1937. SEC. 4. The sum of $2,000,000 of the unobligated balance of the appropriation for relief purposes contained in the Emergency Relief Appropriation Act of 1935, approved April 8, 1935, is hereby made available to the Secretary of Agriculture for allocation and payment to the States in the Southern Great Plains area, or to farmers therein, for wind erosion control, under plans to be approved by the Secretary of Agriculture. SEC. 5. Section 22 of the Agricultural Adjustment Act, as amended, is amended by inserting after the words "this title" wherever they appear the following: "or the Soil Conservation and Domestic Allotment Act, as amended"; and by striking out the words "an adjustment" wherever they appear and inserting in lieu thereof the word "any." Approved, February 29, 1936. APPENDIX C. BULLETIN NO. 1 FOR EACH ADMINISTRATIVE REGION, 1936 SOIL-CONSERVATION PROGRAM EXHIBIT 6.-1936 SOIL CONSERVATION PROGRAM-EAST CENTRAL REGION [Bulletin No. 1] Pursuant to the authority vested in the Secretary of Agriculture under Section 8 of the Soil Conservation and Domestic Allotment Act,' payments will be made, in connection with the effectuation of the purposes of Section 7 (a) of said act during 1936, in accordance with the following provisions and such other provisions as may hereafter be made: RATES AND CONDITIONS OF PAYMENT Payment will be made, in connection with the utilization in 1936 of the land on any farm in the East Central Region 3 of the United States, in the amounts and subject to the conditions hereinafter set forth: 1. Soil Building Payments.-Payments will be made for the planting of soil building crops on crop land in 1936 and the carrying out of soil building practices on crop land or pasture in 1936, at such rates in any state, and for such crops and practices in any state, and upon such conditions as are recommended by the state committee for such state and approved by the Secretary: Provided, That the total soil building payment made with respect to any farm (a) shall not exceed an amount equal to $1.00 for each acre of crop land on the farm used in 1936 for soil conserving crops and soil building crops, or (b) shall not exceed $10.00 for the farm, whichever is the larger. 2. Soil Conserving Payments.-Payment will be made with respect to each acre of the base acreage for the farm of any soil depleting crop or any group of such crops which in 1936 is used for the production of any soil conserving crop or any soil building crop, or is devoted to any approved soil conservation or building practice. The amount of such payment made with respect to any farm shall be computed as follows. 1 Public, No. 461, 74th Congress. 1 The term "farm" as used herein shall mean all tracts of farm land in the same county under the same ownership and operated in 1936, as all or part of a single farming unit, by the same operator. The "East Central Region" includes the States of Delaware, Maryland, Virginia, West Virginia, North Carolina, Kentucky, and Tennessee. The term "crop land" as used herein shall mean all land from which any crop (other than wild hay) was harvested in 1935 together with all other farm land which is tillable and from which at least one crop (other than wild hay) has been harvested since January 1, 1930. Soil depleting crop (a) All soil depleting crops except cotton, tobacco, and peanuts. (b) Cotton. (c) Tobacco... (d) Peanuts. Payment for each acre of the base acreage An average for the United States of $10 per 56 for each pound of the normal yield per acre For each pound of the normal yield per acre (1) 5¢ for flue-cured, Burley, or Mary- (2) 31% for fire-cured or dark air-cured. Maximum acreage with respect to which payment will be made 15 percent of the base acreage for the farm of all soil deplet ing crops except cotton, tobacco, and peanuts. 35 percent of the cotton base acreage for the farm. 30 percent of the base acreage for the farm. 20 percent of the base acreage for the farm. 1 The rate per acre will vary among the states and counties depending upon the productivity of crop land devoted to corn, wheat, oats, barley, rye, buckwheat, grain sorghum, soybeans, cow peas, dry edible beans, potatoes, sweet potatoes, sweet sorghum for syrup, and broom corn; and vary among farms within the county depending upon the productivity of crop land. 2 The total payment made in any county pursuant to this provision will be made with respect to an acreage not exceeding 25 percent of the aggregate of the cotton base acreages which could be established for all the farms in the county. 3. Minimum Acreage of Soil Conserving Crops.-No payment shall be made with respect to any farm, in accordance with any of the provisions herein, unless the total acreage of soil conserving crops and soil building crops on crop land on the farm in 1936 equals or exceeds either (a) 20 percent of the base acreages of all soil depleting crops for the farm, or (b) the maximum acreage with respect to which soil conserving payment could be obtained pursuant to the provisions of section 2. 4. Adjustment in Rates.-The rates specified in section 2 are based upon an estimate of available funds and an estimate of approximately 80 percent participation by farmers. If participation in any region exceeds that estimated for that region, all the rates specified in section 2 for such region will be reduced pro rata. If participation in any region is less than the estimate for the region, the rates may be increased pro rata. In no case will the rates be increased or decreased by more than 10 percent. 5. Increase of Soil Depleting Crops.-If the acreage on any farm in 1936 of any soil depleting crop or any group of soil depleting crops is in excess of the base acreage for the farm for such crop or group of crops, a deduction from any payment which otherwise would be made for the farm pursuant to any of the provisions herein will be made for each acre of such excess acreage at the rates per acre specified in section 2 above, for the diversion of land to soil conserving crops and soil building crops from the particular crop or group of crops which exceed their bases. 6. Food and Feed Crops.-Notwithstanding the provisions of section 2, no payment as therein specified will be made in connection with the shifting of land out of food and feed crops unless such crops have been produced in excess of home consumption needs for the farm, and, if such crops have been produced on the farm in excess of such needs, payment will be made only with respect to the diversion of all or part of such excess. Notwithstanding the provisions of Section 5, no deduction will be made with respect to any food or feed crop grown in combination with a soil conserving crop or a soil building crop, unless such food and feed crops are grown in excess of the home consumption needs for the farm. ESTABLISHMENT OF BASES East Central Region The county committees will recommend for approval by the Secretary a soil depleting base acreage for each farm. Such base acreage shall represent a normal acreage of soil depleting crops for the farm determined as indicated below: SECTION 1. The base acreage of soil depleting crops shall be the acreage of such crops harvested in 1935,5 subject to the following adjustments: Where more than one soil depleting crop was harvested from the same land in 1935, the acreage shall be counted only once. (a) There shall be added to the 1935 acreage of soil depleting crops the number of "rented", "contracted", or "retired" acres under 1935 commodity adjustment programs from which no soil depleting crops were harvested in 1935. (b) Where, because of unusual weather conditions, the acreage of soil depleting crops harvested in 1935 was less than the number of acres of such crops usually harvested on the farm, such acreage shall be increased to the acreage which is comparable to the acreage of such crops harvested on such farm under normal conditions in past years. (c) Where the 1935 acreage of soil depleting crops for any farm, adjusted, if necessary, as indicated above, is materially greater or less than such acreage on farms in the same community which are similar with respect to size, type of soil, topography, production facilities, and farming practices, such adjustment shall be made as will result in a base acreage for such farm which is equitable as compared with the base acreage for such other similar farms. SECTION 2. A county ratio of soil depleting crop acreage to all farm land will be established for each county by the Agricultural Adjustment Administration from available statistics. The average of the ratios of the soil depleting base acreages which are established for all farms in any county shall conform to the ratio for such county unless a variance from such ratio is recommended by the State committee and approved by the Agricultural Adjustment Administration. SECTION 3. A separate base acreage shall be established for each of the following crops: cotton, tobacco, and peanuts. The base acreage for cotton, tobacco, and peanuts, respectively, for a farm shall be the base acreage which was established for such farm under the procedure for adjustment programs for 1936, or which could have been established under such procedure, subject to adjustments as indicated below: (1) There shall be deducted from the 1935 acreage of any soil depleting crops other than cotton, tobacco, or peanuts, such part of the "rented" acreage under 1935 cotton, tobacco, or peanut adjustment program as was added to the usual acreage of such other soil depleting crops. (2) If the total of the base acreages for any two or more of the crops cotton, tobacco, and peanuts on any farm exceeds the annual average of the total acreage of such crops harvested in a representative period preceding 1934, such base acreages shall be adjusted downward to eliminate such excess. Unless a more practicable method of adjustment is settled upon, a pro rata basis shall be used. (3) Where the soil depleting acreages determined for any farm as indicated above differ materially from such acreages determined for farms located in the same community which are similar with respect to size, type of soil, topography, production facilities, and farming practices, adjustments will be made which will result in base acreages which are equitable as compared with the base acreages of such other similar farms. The total base acreages for cotton, tobacco, and peanuts, respectively, for farms in any county or other specified area shall not exceed the base acreages for such crops established for such county or other specified area by the Agricultural Adjustment Administration. SECTION 4. Any person who has reason to believe that he has not received an equitable base may request the county committee to reconsider its recommendation. If no agreement is reached by such person and the committee, appeal may be made in accordance with rules prescribed by the Secretary. CLASSIFICATION OF CROPS East Central Region Crop acreage when devoted to crops and used as indicated below shall be considered in the following classification except for such additions or modifications as may be approved by the Secretary upon the recommendation of the State Com mittee. Changes in the use of land which involve the destruction of food, fibre, or feed grains will not be approved as either soil conserving or soil building uses of such land. Soil Depleting Crops: 1. Corn (including sweet corn). 2. Cotton. 3. Tobacco. 4. Irish potatoes. 5. Sweet potatoes. 6. All commercial canning and truck crops, including melons and strawberries. 7. Peanuts, if harvested as nuts. 8. Sweet sorghums. 9. Small grains, including wheat, oats, barley, rye, and small grain mixtures, if harvested for either grain or hay. 10. Annual grasses, including Sudan, and millets, if harvested for hay or seed. 11. Summer legumes, if harvested as grain or hay, including soybeans, field peas, and cowpeas. Soil Conserving Crops: 1. Annual winter legumes, including vetch, winter peas, bur and crimson clover; and Lespedeza; when pastured or harvested for hay, with or without such nurse crops as rye, oats, wheat, barley, or grain mixtures, when such nurse crops are pastured or clipped green. 2. Summer legumes, including soybeans, except when harvested for seed for crushing, velvet beans, and cowpeas, in specified states." 3. Peanuts, when pastured. 4. Annual grasses, including Sudan and millets, not harvested for hay or seed. 5. Perennial grasses, including bluegrass, Dallis, redtop, orchard, Bermuda, carpet, and mixtures of these, with or without such nurse crops as rye, oats, wheat, barley, or grain mixtures, when such nurse crops are pastured or clipped green. 6. Winter cover crops, including rye, barley, oats, and small grain mixtures, winter pastured or not, and turned as green manure; or if harvested and followed by summer legumes. 7. Crop acreage planted to forest trees since January 1, 1934. Soil building crops: 1. Annual winter legumes, including vetch, winter peas, bur, and crimson clover, when turned under as a green manure crop. 2. Biennial legumes, including sweet, red, alsike, and Mammoth clovers; perennial legumes, including alfalfa, kudzu, sericea, and white clover; and annual varieties of Lespedeza; with or without such nurse crops as rye, oats, wheat, barley, or grain mixtures, when such nurse crops are pastured or clipped green. 3. Summer legumes, including soybeans, velvet beans, and cowpeas, when turned under as a green manure crop. In specified states, summer legumes except soybeans harvested for seed for crushing, if forage is left on land. 4. Winter cover crops, including rye, barley, oats, and small grain mixtures turned as green manure and followed in the summer by an approved soil conserving crop. 5. Forest trees, planted on crop land in 1936. Neutral Classification (not to be counted in establishing bases): 1. Vineyards, tree fruits, small fruits, or nut trees (not interplanted)." 2. Idle cropland.8 3. Cultivated fallow land, including clean cultivated orchards and vineyards." 4. Wasteland, roads, lanes, lots, yards, etc. 5. Wood.and, other than that planted at owner's expense since 1933. FORMS East Central Region Attached hereto is the Work Sheet for the 1936 Soil Conservation Program. This form is to be prepared in triplicate. Instructions for the preparation for this Work Sheet will be issued as soon as possible. County Listing Sheets for the summarization of the data on the Work Sheet and instructions pertaining to the County Listing Sheets will be issued later. Including North Carolina, Tennessee, and Virginia. 7 If interplanted, such acreage shall carry the classification and actual acreage of the intercrop grown. 8 Where, due to unusual weather conditions, crop land was left idle in 1935, it may be reclassified upɔn recommendation of the State Committee and approval of the Secretary. 9 Cultivated fallow land may be otherwise classified upon recommendation of the State Committee and approval of the Secretary. |