297 



vatlon payments In amounts determined by the 

 Secretary to be fair and reasonable shall be made 

 to producers who divert acreage from the produc- 

 tion of feed grains to an approved conservation 

 use and Increase their average acreage of crop- 

 land devoted in 1959 and 1960 to designated soil- 

 conserving crops or practices including summer 

 fallow and idle land by an equal amount. Pay- 

 ments shall not be made in amounts in excess of 

 50 per centum of the estimated basic county sup- 

 port rate, Including that part of the support price 

 made available through payments in kind, on the 

 normal production of the acreage diverted from 

 the commodity on the farm based on Its adjusted 

 average yield per acre. Notwithstanding the fore- 

 going provisions, the Secretary may permit such 

 diverted acreage to be devoted to the production 

 of guar, sesame. saflBower, sunflower, castor beans, 

 mustard seed, and flax, if he determines that such 

 crops are not in surplus supply and will not be in 

 surplus supply if permitted to be grown on the 

 diverted acreage, subject to the condition that 

 payment with respect to diverted acreage devoted 

 to any such crop shall be at a rate determined by 

 the Secretary to be fair and reasonable, taking 

 into consideration the use of such acreage for ths 

 production of such crops, but in no event shall the 

 payment exceed one-half the rate which would 

 otherwise be applicable if such acreage were de- 

 voted to conservation uses, and no price support 

 shall be made available for the production of any 

 such crop on such diverted acreage. The base 

 period for the purpose of determining the ad- 

 Justed average yield In the case of payments with 

 respect to the 1964 crop shall be the four-year 

 period 1959-1962, and in the case of payments 

 with respect to the 1965 crop shall be the flve-year 

 period 1959-1963. The term feed grains" means 

 corn, grain sorghums, barley, and, if for any crop 

 the producer so requests for purposes of having 

 acreage devoted to the production of wheat con- 

 sidered as devoted to the production of feed 

 grains, pursuant to the provisions of section 328 

 of the Food and Agriculture Act of 1962, the term 

 "feed grains" shall Include oats and rye: Pro- 

 vided, That acreages of corn, grain sorghums, and 

 barley shall not be planted in lieu of acreages of 

 oats and rye: Provided further. That the acreage 

 devoted to the production of wheat shall not be 

 considered as an acreage of feed grains for pur- 

 poses of establishing the feed grain base acreage 

 for the farm for subsequent crops. Such feed 

 grain diversion program shall require the pro- 

 ducer to take such measures as the Secretary may 

 deem appropriate to keep such diverted acreage 

 free from erosion, insects, weeds, and rodents. 

 The acreage eligible for participation in the pro- 

 gram shall be such acreage (not to exceed 50 per 

 centum of the average acreage on the farm de- 

 voted to feed grains in the crop years 1959 and 

 1960 or twenty-flve acres, whichever is greater) as 

 the Secretary determines necessary to achieve the 

 acreage reduction goal for the crop. Payments 

 shall be made in kind. The average acreage of 

 wheat produced on the farm during the crop 



years 1959, 1960, and 1961. pursuant to the ex- 

 emption provided in section 335(f) of the Agri- 

 cultural Adjustment Act of 1938, prior to its repeal 

 by the Food and Agriculture Act of 1962, in excess 

 of the small farm base acreage for wheat estab- 

 lished under section 1335 of Title 7, shall be con- 

 sidered as an acreage of feed grains produced In 

 the crop years of 1959 and 1960 for purposes of 

 establishing the feed grain base acreage for the 

 farm, and the rate of payment for diverting such 

 wheat shall be an amount determined by the Sec- 

 retary to be fair and reasonable in relation to the 

 rates of payment for diverting feed grains. The 

 Secretary may make such adjustments in acreage 

 and yields as he determines necessary to correct 

 for abnormal factors affecting production, and to 

 give due consideration to tillable acreage, crop- 

 rotation practices, types of soil, soil and water 

 conservation measures, and topography. To the 

 extent that a producer proves the actual acreages 

 and yields for the farm, such acreages and yields 

 shall be used in making determinations. Not- 

 withstanding any other provision of this subsec- 

 tion (Hd).' the Secretary may, upon unanimous 

 request of the State committee esUblished pur- 

 suant to section 590h(b) of this title, adjust the 

 feed grain bases for farms within any State or 

 county to the extent he determines such adjust- 

 ment to be necessary in order to establish fair and 

 equitable feed grain bases for farms within such 

 State or county. The Secretary may make not to 

 exceed 50 per centum of any payments to pro- 

 ducers In advance of determination of perform- 

 ance: Provided, That in no event shall the 

 Secretary In the crop years 1964 or 1965 make 

 payments to any producers under this subsection 

 and under section 105(d) of the Agricultural Act 

 of 1949. as amended, in excess of 20 per centum 

 of the fair market value of any acreage Involved. 

 Notwithstanding any other provision of this sub- 

 section (h)(1), barley shaU not be Included in the 

 program for a pr(xlucer of malting barley ex- 

 empted pursuant to section 105(d) of the Agri- 

 cultural Act of 1949 who participates only with 

 respect to corn and grain sorghums and does not 

 knowingly devote an acreage on the farm to bar- 

 ley in excess of 110 per centum of the average 

 acreage devoted on the farm to barley in 1959 

 and 1960. 



(2) Notwithstanding any other provision of this 

 subsection, not to exceed 1 per centum of the 

 estimated total feed grain bases for all farms in a 

 State for any year may be reserved from the feed 

 grain bases established for farms in the State for 

 apportionment to farms on which there were no 

 acreages devoted to feed grains in the crop years 

 1959 and 1960 on the basis of the following fac- 

 tors: Suitability of the land for the production of 

 feed grains, the past experience of the farm oper- 

 ator in the production of feed grains, the extent 

 to which the farm operator is dependent un in- 

 come from farming for his livelihood, the produc- 



'So in original. There Is no subeectlon (I)(l); prob- 

 ably should be "subsection (h) (1) ." 



