288 



(6) In determining normal yield per acre for any 

 farm under this section in the case of wheat or corn, 

 the normal yield shall be the average yield per acre 

 thereon for such commodity during the ten calendar 

 years immediately preceding the calendar year in 

 which such yield is determined, adjusted for abnor- 

 mal weather conditions and trends in yields. If for 

 any such year the data are not available, or there is 

 no actual yield, then the normal yield for the farm 

 shall be appraised in accordance with regulations of 

 the Secretary, taking into consideration abnormal 

 weather conditions, the normal yield for the county, 

 and the yield in years for which data are available. 



(d) Conditions affecting payments or grants of aid. 



Any payment or grant of aid made under subsec- 

 tion (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 any one or 

 more of the purposes specified in clauses (1) — (4), 

 (5), or (6) of section 590g(a) of his title. 



Any payment made under subsection (b) with 

 respect to any farm (except for lands which the 

 Secretary determines should not be utilized for the 

 harvesting of crops but should be permanently used 

 for grazing purposes only) shall, if the number of 

 cows kept on such farm, and in the county in which 

 such farm is located, for the production of milk or 

 products thereof (for market), exceeds the normal 

 number of such cows, be further conditioned upon 

 the utilization of the land, with respect to which 

 such payment is made, so that soil-building and soil- 

 conserving crops planted or produced on an acreage 

 equal to the land normally used for the production 

 of soil-depleting crops but. as a condition of such 

 payment, not permitted to be so used, shall be used 

 for the purpose of building and conserving the fer- 

 tility of the soil, or for the production of agricul- 

 tural commodities to be consumed on the farm, and 

 not for market. Whenever It is determined that a 

 county, as a whole, is in substantial compliance 

 with the provisions of this paragraph, no payment 

 shall be denied any individual farmer in the county 

 by reason of this paragraph; and no payment shall 

 be denied a farmer by rea-son of this paragraph 

 unless it has been determined that the farmer has 

 not substantially complied with the provisions of 

 this paragraph. Whenever the Secretary finds that 

 by reason of drought, flood, or other disaster, a 

 shortage of feed exists in any area, he shall so de- 

 clare, and to the extent and for the period he finds 

 necessary to relieve such shortage, the operation of 

 the condition provided in this paragraph shall be 

 suspended in such area and, if necessary to relieve 

 such shortage, in other areas defined by him. As 

 used in this paragraph, the term "for market" means 

 for disposition by sale, barter, or exchange, or by 

 feeding (In any form) to dairy livestock'which, or 

 the products of which, are to be sold, bartered, or 

 exchanged: and such term shall not include con- 

 sumption on the farm. An agricultural commodity 

 shall be deemed consumed on the farm if consumed 

 by the farmer's family, employees, or household, or 

 if fed to poultry or livestock other than dairy live- 

 stock on his farm: or if fed to dairy livestock on 



his farm and such dairy livestock, or the products 

 thereof, are to be consumed by his family, employees, 

 or household. Whenever the Secretary has reason 

 to believe the income of producers of livestock (other 

 than dairy cattle) or poultry in any area from such 

 sources is being adversely affected by increases in 

 the supply for market of such livestock or poultry, 

 as the case may be, arising as a result of programs 

 carried out under this chapter, he shall make an 

 investigation with respect to the existence of such 

 facts. If, upon investigation, the Secretary finds 

 that the income of producers of such livestock or 

 poultry, as the case may be. in any area from 

 any such source is being adversely affected by such 

 increases, he shall, as soon as practicable, make 

 such provisions in the administration of this chap- 

 ter, with respect to the use of diverted acres as he 

 may find necessary to protect the interests of pro- 

 ducers of such livestock or poultry in the affected 

 area. 



(e) Distribution of payments among landlords, ten- 

 ants, and sharecroppers. 

 Payments made by the Secretary to farmers under 

 .subsection (b) of this section shall be divided among 

 the landlords, tenants, and sharecroppers of any 

 farm, with respect to which such payments are made, 

 in the same proportion that such landlords, tenants, 

 and sharecroppers are entitled to share in the pro- 

 ceeds of the agricultural commodity with respect to 

 which such payments are made, or, effective with 

 respect to the 1942 and subsequent farm programs, 

 in the event of acquisition of title to. or lease of, 

 any farm for use in connection with the national 

 war effort which caused the producers on such farms 

 to lose, prior to the time of harvest, their interests 

 in the crops planted thereon, or the proceeds thereof, 

 payments with respect to such crops, to the extent 

 that full compensation for the loss of payments with 

 respect thereto in connection with such acquisition 

 or lease was not made to such producers, shall be di- 

 vided among the landlords, tenants, and sharecrop- 

 pers on such farm in the proportion which it is de- 

 termined that such producers would have been 

 entitled to share in the proceeds of such crops but 

 for such acquisition or lease: Provided, That pay- 

 ments based on soil-building or soil-conserving prac- 

 tices or agriculture-related pollution prevention or 

 abatement practices shall be divided in proportion 

 to the extent which such landlords, tenants, and 

 sharecroppers contribute to the carrying out of such 

 practices. Such payments shall be paid by the Sec- 

 retary directly to the landlords, tenants, or share- 

 croppers entitled thereto, and shall be computed at 

 rates which will permit the Secretary to set aside 

 out of the funds available for the making of such 

 payments for each year an amount sufficient to 

 permit the increases herein specified to be made 

 within the limits of the funds so available. If with 

 respect to any farm the total payment to any person 

 for any year would be: 



(1) Not more than $20, the payment shall be 

 increased by 40 per centum: 



(2) More than $20 but not more than $40, the 

 payment shall be increased by $8, plus 20 per 

 centum of the excess over $20: 



