20. Act of February 4, 1938 (52 Stat. 27), Loans for crop production and harvesting. 21. Agricultural Adjustment Act (of 1933), as heretofore amended.

22. Bankhead Cotton Act of April 21, 1934, as heretofore amended, on account of the several cotton tax-exemption certificate pools.

23. Jones-Connally Cattle Act of April 7, 1934, as heretofore amended.

24. Emergency Appropriation Act, fiscal year 1935, approved June 19, 1934 (48 Stat. 1056), as heretofore amended, (amendment to Agricultural Adjustment Act of 1933, relating to cotton option contracts.)

25. Kerr Tobacco Act of June 28, 1934 and Public Resolution No. 76 of March 14, 1936 as heretofore amended.

26. Section 32 of the Act of August 24, 1935 and related legislation, as heretofore amended.

27. Supplemental Appropriation Act, fiscal year 1936, as heretofore amended, (rental and benefit payments and cotton price adjustment payments).

28. Sections 7 to 17 of the Soil Conservation and Domestic Allotment Act as heretofore amended.

30. Sections 303 and 381 (a) of the Agricultural Adjustment Act of 1938 and related or subsequent legislation as heretofore amended, authorizing parity or adjustment payments.

81. Title IV and Title V of the Agricultural Adjustment Act of 1938 and related legislation, as heretofore amended, (Cotton Pool Participation Trust Certificates (Title IV), and crop insurance (Title V)).

32. Any other Act of Congress heretofore enacted authorizing payments to farmers under programs administered through the Agricultural Adjustment Agency.

33. Act of April 8, 1935 (49 Stat. 115), Loans for rural rehabilitation and relief. 34. Act of June 22, 1936 (49 Stat. 1608), Loans for rural rehabilitation and relief. 35. Act of February 9, 1937 (50 Stat. 8), Loans for rural rehabilitation and relief.

36. Act of June 29, 1937 (50 Stat. 352), Loans for rural rehabilitation and relief. 37. The Bankhead-Jones Farm Tenant Act (50 Stat. 522 et seq.).

38. The Water Facilities Act of August 28, 1937 (50 Stat. 869 et seq.).

39. Act of March 2, 1938 (52 Stat. 88, Pub. Res. 80), Loans for rural rehabilitation and relief.

40. Act of June 21, 1938 (52 Stat. 809), Loans for rural rehabilitation and relief.

41. Act of June 30, 1939 (53 Stat. 927), Loans for rural rehabilitation and relief. 42. Act of June 26, 1940 (54 Stat. 611), : Loans for rural rehabilitation and relief. 43. Act of July 1, 1941 (55 Stat. 408),

| Loans for rural rehabilitation.

44. Act of July 22, 1942 (56 Stat. 664), Loans for rural rehabilitation.

45. Act of July 12, 1943 (57 Stat. 392), Loans for rural rehabilitation.

46. Act of June 28, 1944 (58 Stat. 425), Loans for rural rehabilitation.

47. Flood restoration loans, Second Deficiency Appropriation Act, 1943 (57 Stat. 537, 542).

48. Subsequent legislation appropriating or making available funds for such loans as those listed under numbers 33 through 47, made by or through Resettlement Administration or the Farm Security Administration.

49. Commodity loan, purchase, sale and other programs of the Commodity Credit Corporation;

50. Crop-insurance programs formulated pursuant to Title V of the Agricultural Adjustment Act of 1938 (the Federal Crop Insurance Act), and any amendment or supplement thereto heretofore or hereafter enacted.

51. Any indebtedness of farmers evidenced by notes or accounts receivable, title to which has been acquired in the liquidation of loans to cooperative associations made under the provisions of the Act of June 15, 1929 (46 Stat. 11).

(Sec. 2, 58 Stat. 836; 12 U. S. C. 1150a)

PART 4-CLAIMS AGAINST INDEMNITY FUND UNDER PROGRAMS ADMINISTERED BY AGRICULTURAL STABILIZATION AND CONSERVATION COUNTY COMMITTEES

AUTHORITY: The provisions of this Part 4 issued under sec. 375, 52 Stat. 66 as amended, sec. 403, 61 Stat. 932, sec. 124, 70 Stat. 198, sec. 16, 49 Stat. 1151, as amended; 7 U.S.C. 1375, 1153, 1812, 16 U.S.C. 590p; Comp. Gen. Decision A-44002, Nov. 1, 1938.

SOURCE: The provisions of this Part 4 appear at 26 F.R. 8659, Sept. 16, 1961, unless otherwise noted.

§ 4.1 Identification of fund.

A general Indemnity Fund is maintained in the Treasury of the United States for indemnifying certain losses arising through discharge of Agricultural Stabilization and Conservation (hereinafter referred to as ASC) county committee responsibilities.

ASC county committees as a result of reliance on erroneous written information furnished by ASC committeemen or employees of ASC committees may be indemnified therefor under the following conditions:

(a) The destruction was caused by reliance in good faith by the farm operator on a notice of measured acreage which was in fact erroneous;

(b) Neither the farm operator nor any producer on the farm had actual knowledge of the error in time to arrange for remeasurement in accordance with applicable regulations;

(c) The incorrect notice was the result of an error by an ASC committeeman or an employee of an ASC committee in reporting, computing, or recording an acreage for the farm;

(d) The extent of the error was such that the farm operator could not reasonably be expected to question the acreage of which he was erroneously notified;

(e) There was no fraud, deceit, error, or failure to cooperate on the part of any producer on the farm which contributed to the erroneous determination of acreage;

(f) The claim is made to the ASC county committee within 90 days of the date of destruction; provided, however, the ASC county committee may request the ASC State committee to obtain an extension from the Deputy Administrator, State and County Operations, Agricultural Stabilization and Conservation Service, Washington, D.C., of the period during which the claim may be made if:

(1) There is evidence that the claim Iwould have been eligible for filing if it had been made within the 90-day period; and

(2) The claimant did not become aware of the erroneous destruction in time to file within the 90-day period;

(g) The amount of indemnification to be paid the producer shall be recommended by the county committee to reflect the loss of net income from the crop erroneously destroyed. In determining such amount, the ASC county committee shall take into consideration:

(1) The actual yield per acre on the acreage actually harvested and the proceeds from the harvested acreage;

(2) The estimated costs which would have been incurred by the producer in producing, harvesting and marketing the crop on the acreage destroyed had the crop on such acreage been harvested and marketed;

(3) The net return from any replacement crop grown and marketed; and

(4) If sugar crops are destroyed, the approximate amount of Sugar Act payments which would have been made if such to acreage had been carried harvest.

§4.3 Filing of claims.

(a) Who must file. Claim must be made to the ASC county committee by the interested party or his duly authorized agent. If the original claimant(s) has died, the claim must be made by the successor(s) in interest to the deceased claimant(s).

(b) How to file. The party making the claim must file a statement of facts describing: (1) The circumstances under which the loss occurred, (2) the extent of the loss suffered, and (3) the method used in determining the extent of the loss. The claim shall be filed with the ASC county committee in the county in which such loss occurred. Since payment from the Indemnity Fund is proper only where there has been negligence or error, either willful or not, on the part of ASC committeemen or employees of ASC committees, it is necessary that this fact be clearly indicated either in the claim itself or in an accompanying ASC committee explanation.

(c) Processing claims. Claims will be transmitted by the ASC county committee, through administrative channels, to the Claims Division, General Accounting Office, Washington 25, D.C., for final determination and settlement. The ASC county committee shall attach a recommendation that the claim be honored or denied. In addition, where appropriate a supplemental statement concerning the claim shall be included by the ASC committee.

Sec.

5.4 Commodities for which parity prices shall be calculated.

5.5 Publication of season average, calendar year, and parity price data.

5.6 Revision of the parity price of a commodity.

AUTHORITY: The provisions of this Part 5 issued under sec. 375, sec. 301, 52 Stat. 66, 38; 7 U.S.C. 1375, 1301.

§ 5.1 Parity index and index of prices received by farmers.

(a) The parity index for the purpose of calculating parity prices after January 1, 1959, according to the formula contained in section 301(a) of the Agricultural Adjustment Act of 1938, as amended by the Agricultural Acts of 1948, 1949, 1954, and 1956 (hereinafter referred to as section 301(a)) shall be the index of prices paid by farmers, interest, taxes, and farm wage rates, as revised January 1959 and published in the January 30, 1959, and subsequent issues (including supplements) of the monthly report, "Agricultural Prices". The publication of this index by the Statistical Reporting Service in the monthly report, "Agricultural Prices", shall be continued.

(b) The measure of the general level of prices received by farmers as provided for in section 301(a) (1) (B) (ii) after January 1, 1959, shall be the index of prices received by farmers as revised January 1959 and published in the January 30, 1959, and subsequent issues of "Agricultural Prices". The simple average of the 120 monthly indices included in the preceding 10 calendar years plus an adjustment to take account of the effect on the index of any adjustment made on average prices of individual commodities as hereinafter specified shall be used in the calculation of the adjusted base prices.

Parity prices heretofore published for periods prior to January 1, 1959 shall not be revised.

(c) The term "milkfat" as used in these regulations is synonymous with the term "butterfat", and when any statute requires calculation of the parity price of butterfat, the parity price of milkfat shall be the parity price of butterfat.

[24 F.R. 697, Jan. 31, 1959, as amended by Amdt. 6, 24 F.R. 9778, Dec. 5, 1959; Amdt. 16, 30 F.R. 2521, Feb. 26, 1965]

§ 5.2 Marketing season average price data.

It is hereby found that it is impractical to use averages of prices received by

farmers on a calendar year basis for the following agricultural commodities for the purpose of calculating adjusted base prices and, therefore, marketing season average prices will be used. An allowance for any supplemental payment resulting from price support operations shall be included in the determination of the adjusted base prices. For cigar binder tobacco, types 51-52, for each of the marketing seasons beginning in the years 1949 through 1958, 37.9 cents per pound shall be used in lieu of the average of prices received by farmers for such tobacco during each such marketing

season.

BASIC COMMODITIES

Extra long staple cotton; peanuts; rice, and the following types of tobacco: Fluecured, types 11-14; Virginia fire-cured, type 21; Kentucky-Tennessee fire-cured, types 2223; burley, type 31; dark air-cured, types 35-36; sun-cured, type 37; Pennsylvania seedleaf, type 41; cigar filler and binder, types 42-44 and 53-55; Puerto Rican filler, type 46 (price refers to year of harvest); and cigar binder, types 51-52.

DESIGNATED NONBASIC COMMODITIES Tung nuts; honey, wholesale extracted. WOOL AND MOHAIR

Wool and mohair (including payments made under terms of § 704 of the National Wool Act of 1954).

OTHER NONBASIC COMMODITIES

CITRUS FRUIT

Grapefruit; lemons; limes; oranges; and tangerines.

DECIDUOUS AND OTHER FRUIT

Apples for processing; apricots for fresh consumption; apricots for processing (except dried); dried apricots; avocados; blackberries; boysenberries; gooseberries; loganberries; black raspberries; red raspberries; youngberries; tart cherries; sweet cherries; cranberries; dates; figs for fresh consumption; figs for processing (except dried); dried figs; grapes, raisins, dried; all grapes excluding raisins, dried; nectarines for fresh consumption; nectarines for processing; olives for processing (except crushed for oil); olives, crushed for oil; olives for canning; peaches for fresh consumption; clingstone peaches for processing (except dried); freestone peaches for processing (except dried); dried peaches; pears for fresh consumption; pears for processing (except dried); dried pears; persimmons; plums (California), for fresh consumption; plums (California), for processing; pomegranates; dried prunes (California); prunes and plums (excluding Callfornia), for fresh consumption; prunes and plums (excluding California), for processing (except dried); strawberries for fresh consumption; and strawberries for processing.

SEED CROPS

Alfalfa, bentgrass, crimson clover, Chewings fescue, red fescue, tall fescue, Kentucky bluegrass, Merion Kentucky bluegrass, Ladino clover, lespedeza, orchard grass, red clover, sweetclover, timothy, hairy vetch, and white clover.

SUGAR CROPS

Maple sirup, sugarbeets (including conditional payment under the Sugar Act), sugarcane for sugar (including conditional payment under the Sugar Act), and sugarcane sirup.

TREE NUTS

Almonds; filberts; pecans, all; and walnuts.

VEGETABLES FOR FRESH MARKET

Artichokes, asparagus, lima beans, snap beans, beets, broccoli, cabbage, cantaloups, carrots, cauliflower, celery, sweet corn, cucumbers, eggplant, escarole, garlic, honeydew melons, kale, lettuce, onions, green peas, green peppers, shallots, spinach, tomatoes, and watermelons.

VEGETABLES FOR PROCESSING

Asparagus, lima beans, snap beans, beets, cabbage, sweet corn, cucumbers, green peas, spinach, and tomatoes.

OTHER COMMODITIES

Beeswax; broomcorn; castor beans; cottonseed; hops; peas, dry field; peppermint oil; popcorn; potatoes; spearmint oil; and tobacco, types 61-62. All other commodities for which monthly price data are not available. [21 F. R. 761, Feb. 3, 1956, as amended by Amdt. 1, 22 F. R. 693, Feb. 2, 1957; Amdt. 2, 22 F. R. 8925, Nov. 7, 1957; Amdt. 3, 23 F. R. 1565, Mar. 5, 1958; Amdt. 5, 24 F.R. 1981, Mar. 18, 1959; Amdt. 4, 24 F.R. 6025, July 29, 1959; Amdt. 7, 25 F.R. 673, Jan. 27, 1960; Amdt. 8, 26 F.R. 12676, Dec. 29, 1961; Amdt. 11, 28 F.R. 1099, Feb. 5, 1963; Amdt. 12, 28 F.R. 11665, Nov. 1, 1963; Amdt. 13, 29 F.R. 2641, Feb. 21, 1964; Amdt. 15, 30 F.R. 2923, Mar. 6, 1965; Amdt. 17, 31 F.R. 10767, Aug. 13, 1966; Amdt. 18, 31 F.R. 15631, Dec. 13, 1966; Amdt. 19, 32 F.R. 11031, July 28, 1967; Amdt. 20, 32 F.R. 16385, Nov. 30, 1967; Amdt. 21, 33 F.R. 5038, Mar. 27, 1968; Amdt. 22, 33 F.R. 9085, June 20, 1968]

§ 5.3 Selection of calendar year price data.

In computing the adjusted base price for those commodities for which calendar year price data are used, “* * * the average of the prices received by farmers for such commodity, at such times as the Secretary may select during each year

as used in section 301(a) (1) (B) (i), shall be the simple average of the 12 monthly estimates of the prices received by farmers as published by the Statistical Reporting Service in "Agri

cultural Prices" for those commodities for which such prices are available. An allowance for unredeemed loans and purchase agreement deliveries, any supplemental payments resulting from price support operations, and the value of marketing certificates, such as those received by producers of wheat pursuant to the Agricultural Adjustment Act of 1938, as amended, and others of generally similar character and effect, shall be added to the price specified above. Prices received for milk wholesale, milkfat, beef cattle, sheep, and lambs shall include wartime subsidy payments as provided by section 301 (a) (1) (B). For Maryland Tobacco, type 32, the price data for each calendar year shall be the weighted average price of type 32 tobacco sold during the period January 1-December 31. [Amdt. 14, 29 F.R. 12451, Sept. 1, 1964]

§ 5.4 Commodities for which parity prices shall be calculated.

Parity prices shall be calculated for the following commodities:

BASIC COMMODITIES

1

Wheat; corn; American upland cotton; extra long staple cotton; rice; peanuts; 1 and the following types of tobacco: flue-cured, types 11-14; Virginia fire-cured, type 21; Kentucky-Tennessee fire-cured, types 22-23; burley, type 31; Maryland, type 32; dark aircured, types 35-36; sun-cured, type 37; Pennsylvania seedleaf, type 41; cigar filler and binder, types 42-44 and 53-55; Puerto Rican filler, type 46; and cigar binder, types 51-52.

DESIGNATED NONBASIC COMMODITIES Milk, wholesale; milkfat in cream; tung nuts; honey, wholesale extracted.

WOOL AND MOHAIR

Wool and mohair.

OTHER NONBASIC COMMODITIES

CITRUS FRUITS

Grapefruit; lemons; limes; oranges; and tangerines.

DECIDUOUS AND OTHER FRUIT

Apples (primarily for fresh use); apples for processing; apricots for fresh consumption; apricots for processing (except dried): dried apricots; avocados; blackberries: boysenberries; gooseberries; loganberries; black raspberries; red raspberries; youngberries;

1 For the purpose of calculating parity prices the commodity peanuts shall exclude peanuts produced for oil in 1950 and 1951 under the provisions of subsections (g) and (h) of section 359 of the Agricultural Adjustment Act of 1938 as amended.

tart cherries; sweet cherries; cranberries; dates; figs for fresh consumption; figs for processing (except dried); dried figs; grapes, raisins, dried; all grapes excluding raisins, dried; nectarines for fresh consumption; nectarines for processing; olives for processing (except crushed for oil); olives, crushed for oil; olives for canning; peaches for fresh consumption; clingstone peaches for processing (except dried); freestone peaches for processing (except dried); dried peaches; pears for fresh consumption; pears for processing (except dried); dried pears; persimmons; plums (California), for consumption; plums (California), for processing; pomegranates; dried prunes (California); prunes and plums (excluding California) for fresh consumption; prunes and plums (excluding California) for processing (except dried); strawberries for fresh consumption; and strawberries for processing.

SEED CROPS

fresh

Alfalfa, bentgrass, crimson clover, Chewings fescue, red fescue, tall fescue, Kentucky bluegrass, Marion Kentucky bluegrass, Ladino clover, lespedeza, orchard grass, red clover, sweetclover, timothy, hairy vetch, and white clover.

SUGAR CROPS

Maple sirup, sugarbeets, sugarcane for sugar, and sugarcane sirup.

TREE NUTS

Almonds; filberts; pecans, all; and walnuts.

VEGETABLES FOR FRESH MARKET

Artichokes, asparagus, lima beans, snap beans, beets, broccoli, cabbage, cantaloups, carrots, cauliflower, celery, sweet corn, cucumbers, eggplant, escarole, garlic, honeydew melons, kale, lettuce, onions, green peas, green peppers, shallots, spinach, tomatoes, and watermelons.

VEGETABLES FOR PROCESSING

Asparagus, lima beans, snap beans, beets, cabbage, sweet corn, cucumbers, green peas, spinach, and tomatoes.

OTHER COMMODITIES

Barley: beans, dry edible; beef cattle; beeswax; broomcorn; calves; castor beans; chickens; cottonseed; eggs; flaxseed; hay, all baled; hogs; hops; lambs; oats; peas, dry field; peppermint oil; crude pine gum; popcorn; potatoes; rye; sheep sorghum grain; soybeans; spearmint oil; sweet potatoes; tobacco, types 61-62; and turkeys.

[21 F.R. 763, Feb. 3, 1956, as amended by Amdt. 1, 22 F. R. 693, Feb. 2, 1957: Amdt. 2. 22 F. R. 8925, Nov. 7, 1957; Amdt. 3, 23 F. R. 1565, Mar. 5, 1958; Amdt. 4, 24 FR. 6025, July 29, 1959; Amdt. 6, 24 F.R. 9778, Dec. 5, 1959; Amdt. 7, 25 F.R. 673, Jan. 27, 1960; Amdt. 8, 26 F.R. 12676, Dec. 29, 1961; Amdt. 10, 27 F.R. 11796, Nov. 30, 1962; Amdt. 12, 28 F.R. 11665, Nov. 1, 1963; Amdt. 13, 29 F.R. 2641,

Feb. 21, 1964; Amdt. 15, 80 F.R. 2923, Mar. 6, 1965; Amdt. 17, 31 F.R. 10767, Aug. 13, 1966; Amdt. 19, 32 F.R. 11031, July 28, 1967; Amdt. 20, 32 F.R. 16385, Nov. 30, 1967; Amdt. 21, 33 F.R. 5038, Mar. 27, 1968; Amdt. 22, 33 F.R. 9085, June 20, 1968]

§ 5.5 Publication of season average, calendar year, and parity price data.

(a) New adjusted base prices for all of the commodities on a calendar year basis and for as many of the commodities on a marketing season average basis as are practicable shall be published on or about January 31 of each year. In cases where preliminary marketing season average price data are used in estimating the adjusted base prices published in January, any additional price data which becomes available shall be used in estimating a revised adjusted base price which shall be published prior to the beginning of the marketing season for the commodity.

(b) The official parity prices determined under section 301(a) (1) and the regulations in this part and the indexes and relevant price data shall be published in the monthly report "Agricultural Prices" issued by the Statistical Reporting Service. Parity prices for all commodities for which parity prices are computed shall be so published in the January and July issues each year. The parity prices published in other issues may be restricted to those which the Statistical Reporting Service, after consultation with the Consumer and Marketing Service, the Agricultural Stabilization and Conservation Service, and any other interested government agency, considers necessary or desirable. The parity prices determined in accordance with this part shall be the parity prices used in other reports, determinations, or documents of the Department.

[21 FR. 763, Feb. 3, 1956, as amended by Amdt. 16, 30 F.R. 2521, Feb. 26, 1965]

§ 5.6 Revision of the parity price of a commodity.

(a) Initiation of hearings. The "modernized" parity formula specified in section 301(a)(1) of the Agricultural Adjustment Act of 1938, as amended, takes into consideration the average prices received by farmers for agricultural commodities during the last ten years and is designed gradually to adjust relative parity prices of specific commodities for persistent or continuing changes in demand and supply conditions which are reflected in market prices. Ac