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ation is 50 cents or more per acre) included in the farm but not included in the cropland.

(b) Payment in connection with soilbuilding practices. Payment will be made, within the limit of the soil-building allowance established for the farm in accordance with paragraph (a) of this section, for carrying out in the calendar year 1939 any of the soil-building practices listed in paragraph (c), at the rate of $1 per unit of such practices, provided the practice is carried out by such methods and with such kinds of seeds, trees, and other materials as conform to good farming practice, and in accordance with the specifications listed herein and such additional specifications as may be issued by the regional director to assure that the soil-building practices will be performed in workmanlike manner and in accordance with good farming practices for the locality.

(3) Planting shade trees in established coffee groves by planting seedling trees. Each 10 trees will be counted as one unit.

(4) Constructing a sufficient amount of continuous terrace to give adequate protection against erosion, not including more than 300 feet of terrace per acre and not including Mangum type terraces on land of 20 percent or more slope. Each 100 feet of terrace will be counted as one unit.

(5) Constructing, and maintaining during 1939, individual terraces or catch pits around coffee trees. Each 50 terraces or catch pits constructed will be counted as one unit.

(6) Constructing permanent ditching, on land of 6 percent or more average slope, with suitable outlets, and the slope of ditches not exceeding 4 percent, for the diversion of surface water to prevent soil washing, not including any tempoNo payment will be made with rerary field ditching nor any ditching prispect to practices carried out with labor marily for purposes of irrigation, suband materials (other than trees) fur- surface drainage, or under-drainage, or nished entirely by any Federal or Ter- primarily for any purpose other than ritorial agency. If a portion of the the prevention of soil washing. When labor, seed, or other materials (except constructed on land where the topogtrees) used in carrying out any practice raphy, stoniness, or size of fields requires is furnished by a Federal or Territorial that the ditching be constructed entirely agency and such portion represents one- by hand labor, each 8 cubic yards of exhalf or more of the total cost of car-cavation will be counted as one unit; rying out such practice, no payment will be made with respect to such practice; if such portion represents less than one-half of the total cost of carrying out such practice, payment will be made with respect to one-half of such practice; Provided, That labor, seed, trees, and materials furnished to the Territory of Hawaii, or a political subdivision or agency thereof, by an agency of the Territory shall not be deemed to have peen furnished by "any

Ter

ritorial agency" within the meaning of this paragraph.

(c) Schedule of soil-building practices. The following practices in the amounts specified will be counted as the number of units specified for each: (1) Planting land entirely to forest trees or windbreak trees. Each acre will be counted as five units.

(2) Planting forest trees on the sides or crests of gulches or on erosion scars. Each 50 trees will be counted as one unit.

when constructed on other land, each 500 linear feet of ditching will be counted as one unit.

(7) Constructing temporary ditching on fields of 6 percent or more average

slope, with suitable outlets and the slope of ditches not exceeding 4 percent, for the diversion of surface water to prevent soil washing, not including any ditching primarily for the purpose of irrigation, sub-surface drainage, or under-drainage, or primarily for any purpose other than

the prevention of soil washing. When constructed on land where the topography, stoniness, or size of fields requires that the ditching be constructed entirely by hand labor, each 25 cubic yards of excavation will be counted as one unit; when constructed on other land, each 1,500 linear feet of ditching will be counted as one unit.

(8) Lining ditches carrying water on a grade of 2 percent or more, including ditches constructed in accordance with the specifications of practice (6). Credit

of one unit will be given for each 12 square feet of ditch surface lined with concrete or stone set in mortar, for each 24 square feet of ditch surface lined with plaster, and for each 24 square feet of the inside surface of concrete, iron, or composition pipe used.

(9) Filling shallow gullies, not more than 4 feet deep, when accompanied by the construction of adequate check dams properly spaced along the gully to prevent washing out. Each 8 cubic yards of fill or construction will be counted as one unit.

(10) Constructing and maintaining check dams in gullies. Each 10 linear feet of dams constructed will be counted as one unit.

(11) Establishing a good stand of erosion-resistant perennial grasses in gullies. Each 4,000 square feet will be counted as one unit.

(12) Plowing (unless plowed in 1938 in preparation for planting in 1939), planting, and cultivating land of 2 percent or more slope along contour lines of less than 2 percent slope. In the case of land planted to truck crops, each acre will be counted as two units; in the case of land planted to other crops, each 2 acres will be counted as one unit.

(16) Interplanting protective nondepleting cover crops with other crops. Each acre will be counted as two units.

(17) Planting protective nondepleting cover crops in rotation with other crops. Each acre will be counted as three units.

(18) Using protective nondepleting cover crops for green manuring or planting perennial varieties of such crops on properly prepared land for permanent pasture or for cutting green for livestock feed. Each acre will be counted as four units.

(19) Seeding depleted range land with good seed of adapted varieties of perennial grasses or legumes which do not require preparation of a seed bed. Each 5 pounds of seed sown will be counted as one unit.

(20) Planting slips or stools of adapted varieties of perennial grasses on depleted range land. Each acre will be counted as two units.

(21) Applying ground limestone or its equivalent. Each ton will be counted as five units but credit will not be given for the application of more than 2 tons per acre.

(22) Applying 20 percent superphosphate or 50 percent muriate of potash, or both, or their equivalent, to, or in connection with the seeding of, protective Each 100 non-depleting cover crops. pounds will be counted as one unit but credit will not be given for the application of more than 200 pounds per acre.

(13) Ridging land, with furrows not more than 40 feet apart and not less than 8 inches vertically between the tops and bottoms thereof, along contour lines or, in areas subject to wind erosion, at approximately right angles to the direction of prevailing winds: Provided, That if the land is of 6 percent or more average slope, it is pro-mented weight) will be counted as one tected from erosion by adequate ditching. Each 4 acres will be counted as one unit for each such ridging operation performed thereon.

(14) Furrowing range land along contour lines with furrows not less than 8 inches in width and 4 inches in depth, dammed at intervals of not more than 100 feet, and with intervals between furrows not more than 25 feet. Each 2 acres will be counted as one unit.

(15) Strip-cropping land of 2 percent or more slope along contour lines with protective nondepleting cover crops or perennial varieties of crops which will prevent soil washing. Each acre will be counted as one unit.

(23) Applying coffee pulp around coffee trees to which coffee pulp was not applied in 1938. Each ton of pulp (unfer

unit but credit will not be given for the application of more than 5 tons per acre.

(24) Incorporating in the soil the entire residue of a pineapple crop. Each acre will be counted as two units.

(25) Applying crop residue on the surface of soil subject to serious wind erosion to promote the establishment of a permanent vegetative cover. Each 10 cubic yards applied will be counted as one unit.

(26) Eradicating serious infestations of aalii (Dodonaea viscosa), barbwire grass (Cymbopogon refractus), firebush (Myrica americana), guava (Psidium guajava), Hawaiian holly (Schinus terrabentifolius), joee (Stachytarpheta

dichotoma, Verbena bonariensis), lan- | impounded or supplied is used for irritana (Lantana camara), melastoma gating purposes; (iv) The operator has (Melastoma decemfidum), Opiume submitted to the State office in writing (Pithecellobium dulce), pamakani (Eu- a designation of the point at which the patorium adenophorum), pukiawe (Sty- practice is to be carried out and the naphelia tameiameiae), or Sour grass ture thereof; and (v) The carrying-out of (Tricachne insularis) on range land. the practice has been approved by the Each acre will be counted as two units. State office prior to the carrying-out of (27) Removing all livestock from such practice. range land which was pastured in 1938 (including range land which was withheld from use in 1938 for the purpose of eradicating range-destroying plants), for a continuous period of more than four months between January 1, 1939, and December 31, 1939: Provided, (i) Such practice shall not be applicable to more than 25 percent of the range land included in the farm; (ii) On lands on which cattle or horses are grazed, the area to be kept free of grazing is fenced and the fence is maintained sufficiently to prevent the entry of livestock; (iii) On lands used exclusively for grazing sheep, either the area to be kept free of grazing is fenced and the fence maintained sufficiently to prevent the entry of livestock or the entry of livestock is

prevented by herding; (iv) The remaining range land in the farm is not pastured to such extent as will decrease the stand of grass or injure the forage, tree growth, or watershed; (v) Such practice shall not be applicable to land which normally is not used for grazing during the period in which livestock are excluded; and (vi) The operator has submitted to the State office in writing the designation of the non-grazing area of the farm prior to the carrying-out of such practice. Each acre will be counted as one-tenth of one unit for each month, in excess of four, during which livestock are removed.

Developing stock water on range land. Payment will be made with respect to the following water development practices (numbered 28, 29, 30, and 31): Provided, (i) Carrying out the practice results in supplying ample water, at points remote from the ranch headquarters, for the number of livestock using the adjoining range during the grazing season; (ii) The purpose of the development is solely to bring about such a distribution of stock on the range as will conserve and restore the vegetative cover thereof; (iii) No part of the water

(28) Drilling or digging wells, provided a windmill or power pump is installed and the water is conveyed to a tank or storage reservoir. The drilling of an artesian well will qualify for payment provided adequate stock water is made available during the grazing season and the water is conveyed to a tank or trough. Each linear foot of the well will be counted as one unit.

vided the source is protected from tram(29) Developing springs or seeps, propling, and the water is conveyed to a tank will be given for each 3 cubic feet of or storage reservoir. Credit of one unit excavation in soil or gravel and for each 2 cubic feet of excavation in rock.

(30) Constructing permanent water

sheds of galvanized iron or other apwater for range livestock, provided other proved material for accumulating rainmethods of furnishing or accumulating water are not available and the water is Each 40 square feet of shed constructed conveyed to a tank or storage reservoir. will be counted as one unit.

(31) Constructing water storage tanks of redwood, steel, or other approved material on adequate foundations. Each 200 gallons of capacity of the tank will be counted as one unit.

(32) Completing field experiments. No payment.

For plantation farms on which field experiments established under the 1936, 1937, or 1938 Agricultural Conservation Programs are not completed during the calendar year 1939. The proper control and continuation of such experiments during the calendar year 1939.

For plantation farms on which field experiments established under the 1936, 1937, or 1938 Agricultural Conservation Programs are completed in 1939. The proper control of such experiments to the time of harvest and a report, prior to March 1, 1940, to the State office including:

A brief history of each experiment | who are participating in the production with a summary showing the kind and of rice for the first time in 1939 since variety of crop used, the dates of plant- 1933 on the basis of the applicable ing and harvesting, the location, type of standards of apportionment set forth in soil, size of plots, number of replications, this paragraph: Except that the rice quantities and formulas of fertilizer used, acreage allotment to any farm operated whether irrigated or not, and data con- by any person(s) who is participating cerning the presence of disease or pests. in the production of rice for the first A tabulation of data showing the time in 1939 since 1933 shall not exceed weight and quality of the produce of 75 percent of the rice acreage allotment each plot and, in the case of sugarcane, that would have been made to the farm an analysis of the cane juice from each had such person(s) participated in the plot showing brix, purity, sucrose, and production of rice in one or more of the yield of sugar. five years 1934 to 1938, inclusive.

A statement of any significant relationships which may appear between the applications of various quantities or kinds of fertilizer and the chemical and textural composition of the soils on which the experiments were carried out.

A statistical analysis of the yield data for each experiment indicating whether the yield differences observed have any statistical significance, and a statement of general conclusions which may be drawn from the data obtained, in the light of this analysis. *+

§ 703.3 Rice—(a) National goal. The national goal for rice in connection with the 1939 program shall be 850,000 to 880,000 acres.

(3) The sum of the farm allotments shall not exceed the State allotment.

(d) Normal yield. The State office shall determine for each farm for which a rice acreage allotment is established or a deduction is computed a normal yield for such crop in accordance with the provisions of this paragraph and instructions issued by the Agricultural Adjustment Administration.

(1) Where reliable records of the actual average yield of rice per acre for the five years 1934 to 1938, inclusive, are presented by the farmer or are available to the State office, the normal yield of rice for the farm shall be the average of such yields.

(2) If for any year of such 5-year period records of the actual average

(b) State allotment. The State allot- yield are not available or there was no

ment of rice for Hawaii is 924 acres.

actual yield because rice was not planted on the farm in such year, the State office shall ascertain from all the available facts, including the yield customarily made on the farm, weather con

(c) Farm allotment. The State office shall establish rice acreage allotments in accordance with the provisions of this paragraph and instructions issued by the Agricultural Adjustment Admin-ditions, type of soil, drainage, production istration.

(1) A rice acreage allotment shall be determined for each producer who is participating in the production of rice in 1939 and who participated in the production of rice in one or more of the five years, 1934 to 1938, inclusive, on the basis of the past production of rice adjusted to the acreage adapted to the production of rice, taking into consideration crop rotation practices, soil fertility, and other physical factors affecting the production of rice, including the labor and equipment available for the production of rice on the farm.

(2) An acreage not to exceed 3 percent of the State rice acreage allotment shall be apportioned among producers

practices, and general fertility of the land, the yield which was or could reasonably have been expected on the farm for such year, and the yield so determined shall be used as the actual yield for such year under subparagraph (1) of this paragraph.

(3) If the average of the normal yields for all farms participating in the 1939 program in the State (weighted by the rice acreage allotments therein) exceeds the average yield per acre for the State during the five years 1934 to 1938, inclusive, established by the Secretary, the normal yields for such farms, determined under subparagraphs (1) and (2) of this paragraph shall be reduced pro rata so that the average of

such normal yields shall not exceed such | the practice carried out on a particular State average yield. acreage shall be deemed to have con(4) The 1939 State average yield of tributed equally to the units of such rice for the Territory of Hawaii, as estab-practice unless such persons establish to lished by the Secretary, is 45.1 hundredweight. [As added by Supp. 2, July 20, 1939; 4 F.R. 3389]

the satisfaction of the State office that their respective contributions thereto were not in equal proportion, in which event such units shall be divided in the proportion which the State office finds each such person contributed thereto.

(e) Payment in connection with rice acreage allotment. Payment will be made with respect to any farm at the rate of 10 cents per 100 pounds (rough rice) of the normal yield per acre of rice for the farm for each acre in the rice acreage allotment; or, if the acreage planted to rice is less than 80 percent of the rice acreage allotment, payment will be computed on the normal yield of an acreage equal to 125 percent of the acreage planted to to plant 80 percent of such rice acreage allot-proportion (as indicated by their acrement was due to flood or drought.

rice unless the State office finds that failure

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

(e) Payment in connection with rice acreage allotment. Payment will be made with respect to any farm at the rate of 10 cents per 100 pounds (rough rice) of the normal yield per acre of rice for the farm for each acre in the rice acreage allotment. [As amended by Supp. 1, Apr. 19, 1939; 4 F.R. 1663]

(f) Deduction for excess rice acreage. The payment computed for any farm under §§ 703.2 and 703.3 shall be subject to a deduction of 80 cents per 100 pounds of the normal yield for the farm for each acre planted to rice in excess of the rice acreage allotment established for the farm.*+ [As amended by Supps. 1 and 2, Apr. 19, July 20, 1939; 4 F.R. 1663, 3389

NOTE: Paragraph (d) (4) of this section was added by Supp. 2, July 20, 1939; 4 F.R. 3389, and paragraph (e) was amended by Supp. 1, Apr. 19, 1939; 4 F.R. 1663.

§ 703.4 Division of payments and deductions-(a) Payments in connection with soil-building practices. The amount of payment earned in connection with soil-building practices carried out on the farm shall be made to the landlord, tenant, or sharecropper who carried out the soil-building practices thereon. If more than one such person contributes to the carrying-out of soil-building practices on the farm in 1939, such payment shall be divided in the proportion that the units contributed by each such person to such practices bear to the total units of such practices carried out on the farm in 1939. Each person contributing to

(b) Payments and deductions in connection with rice acreage allotments. The net payment or net deduction computed for any farm with respect to rice shall be divided among the landlords, tenants, and sharecroppers in the same

age shares expressed in terms of either acreages or percentages) that such persons are entitled at the time of harvest to share in the proceeds (other than a fixed commodity payment) of the rice crop grown on the farm in 1939: Provided, That if because of crop failure the harvested acreage of rice is less than the planted acreage of such crop and the State office finds, in accordance with instructions issued by the Agricultural Adjustment Administration, that use of the harvested acreage as a basis for the division of the net payment or net deduction would result in a materially different division from that which would result from the use of the planted acreage, such net payment or net deduction shall be divided among the landlords, tenants, and sharecroppers in the proportion that the State office determines that such persons would have shared in the proceeds of the rice crop if the entire acreage planted to such crop in 1939 had been harvested: Provided further, That if rice is not grown on the farm in 1939, the net payment or net deduction shall be divided among the landlords, tenants, and sharecroppers in the proportion that the State office determines that such persons would have shared in the proceeds of the rice crop if the entire acreage in the rice acreage allotment had been planted and harvested in 1939.

(c) Proration of net deductions. If the sum of the net payments computed for all persons on a farm exceeds the sum of the net deductions computed for all persons on such farm, the sum of the net deductions computed for all persons on such farm shall be prorated among the persons on such farm for whom a net

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