287 



soil-depleting crops. Rules and regulations govern- 

 ing payments or grants under this subsection shall 

 be as simple and direct as possible, and. wherever 

 practicable, they shall be classified on two bases: (a) 

 Soil-depleting crops and practices, (b) soil-building 

 crops and practices. 



Notwithstanding any other provision of law, in 

 making available conservation materials consisting 

 of seeds, seed inoculants, fertilizers, liming and other 

 soil-conditioning materials, trees, or plants, or in 

 malcing available soil-conserving and soil-building 

 services or pollution prevention or abatement aids, 

 to agricultural producers under this subsection, the 

 Secretary may make payments, in advance of de- 

 termination of performance by the producers, to per- 

 sons who will purchase orders covering approved 

 conservation materials cr covering soil-conserving 

 or soil-building services or pollution prevention or 

 abatement aids, furnished to producers, or who 

 render services to the Secretary in delivering to pro- 

 ducers approved conservation materials, for the 

 carrying out, by the producers, of soil-buildlng or 

 soil-conserving practices or pollution prevention or 

 abatement practices approved by the Secretary. The 

 price at which purchase orders for any conservation 

 materials or services are filled may be limited to a 

 fair price fixed in accordance with regulations pre- 

 scribed by the Secretary. 



Appropriations are authorized for the purchase in 

 advance of the program year for which the appropri- 

 ation is made of seeds, fertilizers, lime, trees, or any 

 other farming materials or any soil-terracing serv- 

 ices, and making grants thereof to agricultural pro- 

 ducers to aid them in carrying out farming practices 

 approved by the Secretary in programs under this 

 chapter; for the reimbursement of any Federal, 

 State, or local government agency for fertilizers, 

 seeds, lime, trees, or other farming materials, or any 

 soil-terracing services, furnished by such agency; 

 and for the payment of all expenses necessary In 

 making such grants, including all or part of the 

 costs incident to the delivery thereof. 



In carrying out the purposes of subsection (a) of 

 section 590g of this title, the Secretary may enter 

 Into agreements with agricultural producers for pe- 

 riods not to exceed ten years, on such terms and 

 conditions as the Secretary deems desirable, creating 

 obligations in advance of appropriations not to ex- 

 ceed such amounts as may be specified in annual ap- 

 propriation Acts. Such agreements (1) shall be based 

 on conservation plans approved by the soil and water 

 conservation district or districts in which the lands 

 described in the agreements are situated, and (11) 

 may be modified or terminated by mutual consent 

 If the Secretary determines such action would be in 

 the public interest. The Secretary also may terminate 

 agreements if he determines such action to be in the 

 national Interest and provides public notice in ample 

 time to give producers a reasonable opportunity to 

 make arrangements for appropriate changes In the 

 use of their land. 



(c) Apportionment of acreage allotments. 



(1) In apportioning acreage allotments under this 

 section in the case of wheat and com. the National 

 and State allotments and the allotments to counties 



shall be apportioned annually on the basis of the 

 acreage seeded for the production of the commodity 

 during the ten calendar years immediately preceding 

 the calendar year in which the national acreage al- 

 lotment is determined (plus, in applicable years, the 

 acreage dlveried under previous agricultural ad- 

 justment and conservation programs), with adjust- 

 ments for abnormal weather conditions and trends 

 in acreage during the applicable period. 



(2) In the case of wheat, the allotment to any 

 county shall be apportioned annually by the Secre- 

 tary, through the local committees, among the farms 

 within such county on the basis of tillable acres, 

 crop-rotetlon practices, type of soil, and topography! 

 Not more than 3 per centum of such county allot- 

 ment shall be apportioned to farms on which wheat 

 has not been planted during any of the three mar- 

 keting years immediately preceding the marketing 

 year in which the allotment Is made. Notwithstand- 

 ing any other provision of this section, the allot- 

 ments estabUshed, or which would have been estab- 

 lished, for any farm acquired In 1910 or thereafter 

 by the United States for national-defense purposes 

 shall be placed in an allotment pool and shall be 

 used only to establish alloiments for other farms 

 owned or acquired by the owner of the farm so 

 acquired by the United States. The aUotments so 

 made for any farm, including a farm on which wheat 

 has not been planted during any of the three mar- 

 keting years preceding the marketing year in which 

 the allotment is made, shall compare with the allot- 

 ments established for other farms in the same area 

 which are similar except for the past acreage of 

 wheat. 



(3) In the case of corn, the allotment to any 

 county shall be apportioned annually by the Sec- 

 retary, through the local committees, among the 

 farms within such county on the basis of tillable 

 acreage, type of soil, topography, and crop-rotation 

 practices. 



(4) Repealed. Apr. 10, 1939, ch. 48, 53 Stat. 873. 

 <5) In det«rminlng normal yield per acre for any 



county under this section In the case of wheat or 

 corn, the normal yield shall be the average yield per 

 acre therein for such commodity during the ten cal- 

 endar years immediately preceding the calendar year 

 In which such yield is determined, adjusted for ab- 

 normal weather conditions and trends in yields. If 

 for any reason there is no actual yield, or the data 

 therefor are not available for any year, then an ap- 

 praised yield for such year, determined In accordance 

 with regulations of the Secretary, shall be used. If. 

 on account of drought, flood, insect pests, plant dis- 

 ease, or other uncontrollable natural cause, the yield 

 in any year of such ten-year period is less than 75 per 

 centum of the average (computed without regard to 

 such year) , such year shall be eliminated in calcu- 

 lating the normal yield per acre. Such normal yield 

 per acre for any county need be redetermined only 

 when the actual average yield for the ten calendar 

 years immediately preceding the calendar year in 

 which such yield is being reconsidered differs by at 

 least 5 per centum from the actual average yield 

 for the ten years upon which the existing normal 

 yield per acre for the county was based. 



