PART 750-SOIL BANK EDITORIAL NOTE: Part 750, published at 21 F.R. 6289, Aug. 22, 1956, and redesignated at 26 F.R. 5788, June 29, 1961, is no longer carried in the Code of Federal Regulations. This deletion does not relieve any person of any obligation or liability incurred under these regulations, nor deprive any person of any rights received or accrued under the provisions of this part. For amendments to this part, see the List of Sections Affected.

PART 751-LAND USE ADJUSTMENT PROGRAM

Subpart-Cropland Adjustment Program for 1966 Through 1969

Sec.

As used in this subpart and in all agreements, forms, documents, and procedures in connection therewith, the following terms shall have the following meanings:

(a) The terms "Secretary," "Deputy Administrator," "State committee," "community," "county," "county committee," "person,” “sharechopper," "tenant," "operator," "producer," "farm,” and "cropland,” shall have the meaning assigned to them in the regulations governing Reconstitution of Farms, Allotments, and Bases, 7 CFR Part 719, as amended.

(b) "Administrator" means the Administrator or Acting Administrator of the Agricultural Stabilization and Conservation Service, U.S. Department of Agriculture.

(c) "Director" means the Director or Acting Director of the Farmer Programs Division, Agricultural Stabilization and Conservation Service, U.S. Department of Agriculture.

(d) "State" means any one of the States of the United States.

(e) "Agreement" means a Cropland Adjustment Agreement, including notice of cost-share approval. The word 'agreement' preceded by a year means an agreement containing an agreement period beginning with such year.

(f) "ACP" means the Agricultural Conservation Program formulated under section 8 of the Soil Conservation and Domestic Allotment Act, as amended.

(g) The terms "State ACP Development Group" and "County ACP Development Group" shall have the meanings assigned to them in the regulations governing the Agricultural Conservation Program, Part 701 of this chapter, as amended.

(h) "Tame hay" means a stand of grasses or legumes on cropland which does not require annual tillage and which has been seeded within 5 years preceding the date of the agreement and from which a hay crop other than hayseed was mechanically harvested in each of the 3 years preceding the first year of the agreement period: Provided, That (1) a hay crop need not have been harvested in each of the 3 years preceding the first year of the agreement period if such a stand of grasses or legumes has been seeded within the last 2 years and followed another crop which at the time of reseeding would have met the 3-year harvesting requirement and (2) a hay crop need not have been harvested in any of the 3 years in which the failure to harvest hay was caused by flood, drought, or other natural disaster. "Tame hay" also means a stand of grasses or legumes on cropland which does not require annual tillage with respect to which a conservation reserve contract has expired and from which a hay crop other than hayseed was mechanically harvested in each of the years, if any, following the expiration of the contract.

(i) "Conservation Reserve Program" means the program set forth in regulations issued pursuant to the Soil Bank Act. 7 CFR Part 750.

(j) "Cropland Conversion Program" means the program formulated under section 16 of the Soil Conservation and Domestic Allotment Act, as amended, under which farmers and ranchers enter into agreements providing for changes in cropping systems and land uses, 7 CFR Part 751.

(k) "Great Plains Conservation Program" means the program authorized by the Act of August 7, 1956, 70 Stat. 1115-1117 (16 U.S.C. 590p(b)), 7 CFR Part 601.

[31 F.R. 3483, Mar. 8, 1966, as amended by Amdt. 2, 31 F.R. 9545, July 14, 1966; Amdt. 4, 81 FR. 14254, Nov. 4, 1966; Amdt. 5, 32 F.R. 5417, Mar. 31, 1967]

calendar years 1966, 1967, 1968, and 1969 for the purposes of reducing the costs of farm programs, assisting farmers in turning their land to nonagricultural uses, promoting the development and conservation of the Nation's soil, water forest, wildlife, and recreational resources, and establishing, protecting, and conserving open spaces and natural beauty. To carry out such purposes, the Secretary is authorized to enter into agreements with farmers to divert cropland normally used for the production of allotment crops, feed grains, and other specified crops to approved practices and uses. Under such agreements, the Secretary will (a) make annual adjustment payments to producers with respect to the acreage diverted and (b) share the costs of establishing approved practices and uses on such acreage.

(a) The cropland adjustment program will be administered in the field by State and county committees under the general direction and supervision of the Administrator. Members of county committees are authorized to approve cropland adjustment agreements on behalf of the Secretary. State and county committees do not have authority to modify or waive any of the provisions of these regulations, or any amendment, supplement, or revision thereto, and do not have authority to modify or waive any of the provisions of any agreement entered into hereunder except to the extent specifically authorized in this subpart.

(b) The State committee shall be responsible for developing recommendations and requirements which are needed to adapt the program to the conditions in the State. The practices for which costs will be shared shall be developed by the State ACP Development Group in a manner similar to that used in the development of practices under the Agricultural Conservation Program.

(c) The county committee shall be responsible for developing recommendations and requirements needed to adapt the program to the conditions in the county. The practices for a particular county shall be developed by the county ACP Development Group in a manner similar to that used in the development of county practices under the Agricultural Conservation Program.

[31 F.R. 3483, Mar. 8, 1966, as amended by Amdt. 5, 32 F.R. 5417, Mar. 31, 1967]

These regulations together with such State supplementation as is needed to adapt the program for use in the State shall be the State program. The State supplementation shall include the approved practices (including specifications), rates of cost-sharing, and such conditions and requirements as are needed to assure an effective program in the State. The State supplementation shall be approved by the Director.

§ 751.106 County programs.

The State program together with any county supplementation which may be needed to adapt it for use in the county shall be the county program. The county supplementation shall be approved by the State committee. Copies of bulletins setting forth the State and county programs will be available in the office of the county committee.

§ 751.107 State allocations.

Each State shall be furnished an annual program allocation by the Deputy Administrator.

§ 751.108 Cropland adjustment program bases.

(a) For each farm participating in the program, the county committee shall determine cropland adjustment program bases for wheat, tobacco, peanuts, rice, upland cotton, extra long staple (ELS) cotton, and feed grains (corn, barley, and grain sorghums). The base for feed grains shall be an acreage equivalent to the feed grain base established under the feed grain program and the bases for each other commodity shall be equivalent to the allotment established under the regulations governing the establishment of allotments. Nothwithstanding the provisions of this paragraph (a) and § 751.117 the sum of the bases determined under this paragraph and the conserving base shall not exceed the total cropland on the farm. Effective beginning with 1967 agreements, (1) no cropland adjustment program base shall be determined for wheat and rice, and (2) the cropland adjustment program base determined for feed grains shall include only corn and grain sorghums.

(b) The county committee shall also

determine (1) a nonallotment base which shall be determined by subtracting the sum of the conserving base and the cropland adjustment program bases determined under paragraph (a) of this section from the total cropland on the farm and (2) if requested by the producers on the farm, a tame hay base which shall be the acreage of cropland which has been devoted to tame hay on the farm. The nonallotment base and the tame hay base may be adjusted downward in accordance with instructions issued by the Deputy Administrator.

(c) Notwithstanding any other provision of this section, no cropland adjustment base shall be established for a new farm allotment or a new farm feed grain base.

(d) Notwithstanding any other provision of this section, where cropland adjustment bases are authorized to be established, different cropland adjustment bases may be established for alternate years where necessary to reflect in established summer fallow rotation system.

[31 F.R. 3843, Mar. 8, 1966, as amended by Amdt. 4, 31 F.R. 14254, Nov. 4, 1966; Amdt. 8, 32 F.R. 8512, June 14, 1967; Amdt. 11, 33 F.R. 7495, May 21, 1968] § 751.109

Awarding cropland adjustment agreements.

(a) Producers wishing to be considered for a cropland adjustment program agreement shall file a request therefor with the county committee not later than a date established by the Deputy Administrator, showing the base he desires to divert under the program, the acreage to be designated, and the proposed use to which the land is to be devoted. In order to be eligible for participation, producers must agree to divert cropland adjustment program bases as shown below:

(1) On a farm with a cropland adjustment program base for wheat, upland cotton, ELS cotton, tobacco, peanuts. rice, or feed grains, producers must agree to divert all of at least one such base: Provided, That if a producer diverts the cropland adjustment program base for rice, the rice allotment shall not be allocated to any other farm during the agreement period. In addition, producers may agree to divert all of any one or more of such bases, all the tame hay base, or all or any part of the nonallotment base. Notwithstanding any other provision of this paragraph, at the prior request of the producer, an acreage of

the feed grain base not to exceed 3 acres need not be diverted when the production of such acreage of corn or grain sorghums will be used primarily for home consumption.

(2) On a farm with no cropland adjustment program base for wheat, upland cotton, ELS cotton, tobacco, peanuts, rice, or feed grains, but with a tame hay base, producers must agree to divert all of such tame hay base. In addition, producers may agree to divert all or any part of the nonallotment base.

(3) Farms with no cropland adjustment base for allotment crops, feed grains, and tame hay base are not eligible for the program.

(4) Upland cotton shall not be included in the program for 1966 if the county committee determines with the approval of the Deputy Administrator that there should not be diversion from such crop under the program in 1966.

(5) Producers on farms with an established fallow rotation system may designate for zero adjustment payment an acreage of summer fallow land up to the acreage of wheat and barley designated as diverted under the agreement.

(6) In the case of a farm which is under the conservation reserve program or the cropland conversion program, the maximum acreage which may be accepted for diversion from cropland adjustment bases shall be the acreage which could be devoted to base crops under the conservation reserve program or cropland conversion program. In the case of a farm which is participating in the great plains conservation program or the Appalachian land stabilization and conservation program, the maximum acreage which may be accepted for diversion from cropland adjustment bases shall be the acreage which could be devoted to base crops during the cropland adjustment agreement period after the conservation measures prescribed under such programs have been carried out.

(7) Notwithstanding any other provision of this paragraph (a), less than the entire cropland adjustment base for allotment crops or feed grains may be accepted for agreement if (i) the acreage of cropland eligible for designation is less than such base or (ii) the acreage which could be devoted to the crops of such base under the conservation reserve program, the great plains program, or the cropland conversion program is less than such base, and (iii) the producers agree to divert an acreage of such base equal

to the acreage of cropland eligible for designation or the acreage which could be devoted to such crops under the programs specified in (ii), as applicable, and agree to a permitted acreage of zero for such base.

(b) Subject to the acreage ceilings provided in § 751.110 and to the extent of funds allocated to the county, agreements shall be approved in the order in which they are filed with the county committee: Provided, That the county committee in order to provide an opportunity for participation by a maximum number of producers, may limit the approval of requests for agreements in a manner approved by the Deputy Administrator.

(c) If an application has been made with respect to land not constituting a farm as defined in the regulations governing Reconstitution of Farms, Allotments and Bases, 7 CFR Part 719, as amended, the reconstitution must be made before an agreement may be approved.

[31 F.R. 3483, Mar. 8, 1966, as amended by Amdt. 2, 31 F.R. 9545, July 14, 1966; Amdt. 4, 31 F.R. 14254, Nov. 4, 1966] § 751.110 Acreage ceilings.

The total acreage placed under agreement in any county or community shall be limited to a percentage of the total eligible acreage in such county or local community which the Deputy Administrator determines would not adversely affect the economy of the county or local community. In determining such percentage, the Deputy Administrator shall give appropriate consideration to the productivity of the acreage being retired as compared to the average productivity of eligible acreage in the county or local community.

§ 751.111

Cropland adjustment program agreement.

(a) A cropland adjustment agreement shall be executed for each participating farm. The agreement shall be signed by (1) the owner of the farm, (2) the farm operator, and (3) by each other person who as tenant or sharecropper is to share in the adjustment payment.

(b) There shall be only one agreement for a farm.

(c) The final date for signing and filing the agreement with the county committee shall be the date established by the Deputy Administrator, except that the State committee may authorize the county committee to approve an agree