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(4) More than $60 but not more than $186, the payment shall be increased by $14; or

(5) More than $186 but less than $200, the payment shall be increased to $200.

In the case of payments of more than $1, the amount of the payment which shall be used to calculate the 40-, 20-, and 10per-centum increases under clauses (1), (2), and (3) shall not include that part, if any, of the payment which is a fraction of a dollar.

Beginning with the calendar year 1939, no total payment for any year to any person under such subsection (b) shall exceed $10,000. In the case of payments made to any individual, partnership, or estate on account of performance on farms in different States, Territories, or possessions, the $10,000 limitation shall apply to the total of the payments for each State, Territory, or possession, for a year and not to the total of all such payments.

Persons who carry out farming operations as tenants or sharecroppers on cropland owned by the United States Government and who comply with the terms and conditions of the conservation program, formulated pursuant to sections 590g, 590h, 590i, 590j-590q of this title, shall be entitled to apply for and receive payments, or to retain payments heretofore made, for their participation in said program to the same extent as other producers. (f) Change between landlord and tenants or sharecroppers affecting landlord's payments. Any change in the relationship between the landlord and the tenants or sharecroppers, with respect. to any farm, that would increase over the previous year the amount of payments or grants of other aid under subsection (b) that would otherwise be made to any landlord shall not operate to increase such payment or grant to such landlord. Any reduction in the number of tenants below the average number of tenants on any farm during the preceding three years that would increase the payments or grants of other aid under such subsection that would otherwise be made to the landlord shall not hereafter operate to increase any such payment or grant to such landlord. Such limitations shall not apply if on investigation the local committee finds that the change is justified and approves such change in relationship or reduction. Such action of local committees shall be subject to approval or disapproval by State committees.

(g) Assignment of payment.-A payment which may be made to a farmer under this section, may be assigned, without discount, by him in writing as security for cash or advances to finance making a crop. Such assignment shall be signed by the farmer and witnessed by a member of the county or other local committee, or by the treasurer or the secretary of such committee, and filed with the county agent or the county committee. Such assignment shall include the statement that the assignment is not made to pay or secure any pre-existing indebtedness. This provision shall not authorize any suit against or impose any liability upon the Secretary or any disbursing agent if payment

to the farmer is made without regard to the existence of any such assignment. (Apr. 27, 1935, ch. 85, § 8, added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1149, and amended June 28, 1937, ch. 395, § 1, 50 Stat. 329; Feb. 16, 1938, 3 p. m., ch. 30, title I, §§ 101, 102, 103, 52 Stat. 31, 34, 35; Apr. 7, 1938, ch. 107, §§ 16-18, 52 Stat. 204, 205; Apr. 10, 1939, ch. 48, 53 Stat. 573; May 14, 1940, ch. 200, 54 Stat. 216; July 2, 1940, ch. 521, § 2, 54 Stat. 727; June 21, 1941, ch. 217, 55 Stat. 257; Dec. 26, 1941, ch. 626, § 1, 55 Stat. 860; Feb. 6, 1942, ch. 44, § 4, 56 Stat. 53; Sept. 29, 1942, ch. 568, 56 Stat. 761; Sept. 21, 1944, ch. 412, title III, § 301, 58 Stat. 737.)

CODIFICATION

This section was amended by the Department of Agriculture Organic Act of 1944.

PAYMENTS TO SHARECROPPERS IN 1944

Department of Agriculture Appropriation Act of 1945, act June 28, 1944, ch. 296, § 1, 58 Stat. 450, provided in part: "Notwithstanding any other provision of law, persons who in 1944 carry out farming operations as tenants or sharecroppers on cropland owned by the United States Government and who comply with the terms and conditions of the 1944 agricultural conservation program, formulated pursuant to sections 7 to 17, inclusive, of said Act of February 29, 1936 [sections 590g-590q of this title], shall be entitled to apply for and receive payments for their participation in said program to the same extent as other producers."

§ 590h-1. Same; naval stores; utilization of agencies.—In administering the naval stores conservation programs authorized in section 590h of this title and in making payments thereunder to gum naval stores producers the Secretary may utilize the services of regional associations of such producers or any agency of the Government in lieu of the State, county, and other local committees utilized in the other agricultural conservation programs if he finds that more efficient administration will result, and the provisions of section 1388 (b) of Title 7 shall otherwise be applicable to the administration of said naval stores conservation programs. (June 16, 1938, ch. 464, title I, 52 Stat. 746)

§ 590h-2. Same; adjustments between payee and third persons; definitions. Where an agricultural adjustment or conservation payment has been made to a person, and all or a part of such payment was earned by a second person by virtue of his having, in good faith, contributed to the rendering of performance for which the payment was made, but but who did not enter into or apply for an adjustment contract prior to January 6, 1936, or with respect to any agricultural conservation payment did not apply for payment prior to the expiration of the obligating period of the applicable appropriation or prior to any earlier administrative closing date authorized by the Secretary of Agriculture, and the first person turned over to the second person, as substantiated by evidence acceptable to the Secretary, all or a part of the share of such payment so earned by the second person or refunds all or a part of such share to the United States, such second person shall be deemed to have been entitled to receive such sum from the first person, or where such amount is refunded to the United States shall be entitled to receive from the United States the amount

so refunded, as a discharge, to the extent of the amount turned over to, or received by, such second person, of an obligation or commitment which is hereby deemed to have arisen by virtue of his contribution to the performance rendered.

An agricultural adjustment payment under this section shall be considered to be a payment made under section 608 of Title 7 or the item entitled "Payments for agricultural adjustment", contained in the Supplemental Appropriation Act, fiscal year 1936, as amended by the Act of June 25, 1936; and an agricultural conservation payment under this section shall be considered to be a payment made under section 590h, of this title, under any program formulated for any year from 1936 to 1939, inclusive. (July 2, 1940, ch. 521, § 9, 54 Stat. 729.)

§ 590i. Surveys and investigations; publication of information; reports.-The Secretary is authorized to conduct surveys, investigations, and research relating to the conditions and factors affecting, and methods of accomplishing most effectively, the policy and purposes of section 509g (a) of this title. Notwithstanding any provision of existing law, the Secretary is authorized to make public such information as he deems necessary to carry out the provisions of sections 590a-590h, 590i, 590j-590q, of this title. The Secretary shall transmit to the Congress a report, for the fiscal year ending June 30, 1937, and for each fiscal year thereafter, of the operations for such year under sections 590g, 590h, 590i, 590j-590n, of this title, which report shall include a statement of the expenditures made and obligations incurred, by classes and amounts. (Apr. 27, 1935, ch. 85, § 9, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1150, and amended June 28, 1937, ch. 395, § 2, 50 Stat. 329.)

§ 590i-1. Photographs, mosaics, and maps to be furnished.— Reproductions of such aerial or other photographs, mosaics, and maps as shall be required in connection with the authorized work of the Soil Conservation Service may be furnished at the cost of reproduction to Federal, State, county, or municipal agencies requesting such reproductions. (June 25, 1940, ch. 421, § 1, 54 Stat. 560.)

§ 590i-2. Furnishing photographs, mosaics, and maps required in soil conservation operations of Department of the Interior.Reproductions of such aerial or other photographs, mosaics, and maps as shall be required in connection with the authorized soil and moisture conservation operations of the Department of the Interior may be furnished to cooperating persons or agencies and to Government agencies at the estimated cost of furnishing such reproductions, and to other persons or agencies at such prices (not less than estimated cost of furnishing such reproductions) as the Secretary may determine, the money received from such sales to be deposited in the Treasury to the credit of this appropriation. (June 28, 1941, ch. 259, § 1, 55 Stat. 306; July 2, 1942, ch. 473, § 1, 56 Stat. 508,)

§ 590j. "Agricultural commodity" defined.-The term "agricultural commodity" as used in sections 590a-590h, 590i, 590j509q, of this title means any such commodity and any regional or

market classification, type, or grade thereof. (Apr. 27, 1935, ch. 85, § 10, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1150.)

§ 590k. Availability of funds. All funds available for carrying out sections 590a-590h, 590i, 590j-590q, of this title shall be available for allotment to the bureaus and offices of the Department of Agriculture and for transfer to such other agencies of the Federal or State Governments as the Secretary may request to cooperate or assist in carrying out this chapter, and for payments to committees or associations of producers in any region or regions to cover the estimated administrative expenses to be incurred by any such committee or association in cooperating in carrying out such sections: Provided, That the Secretary may prescribe that all or part of such estimated expenses of any such committee or associations may be deducted pro rata from the payments or grants made to the members thereof: And provided further, That the Secretary may make such payments in advance of determination of performance. (Apr. 27, 1935, ch. 85, § 11, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1150, and amended June 24, 1936, ch. 767, 49 Stat. 1915.)

§ 5901. Expansion of domestic and foreign markets for agricultural commodities; advances for crop insurance; transfer of funds to corporation.-(a) Whenever the Secretary finds that the exercise of the powers conferred in this section will tend to carry out the purpose specified in clause (5) of section 590g (a) of this title, or will tend to provide for and maintain a continuous and stable supply of agricultural commodities adequate to meet consumer demand at prices fair to both producers and consumers, or both, he shall use such part as he deems necessary of the sums appropriated to carry out sections 590a-590h, 590i, 590j590q, of this title for the expansion of domestic and foreign markets or for seeking new or additional markets for agricultural commodities or the products thereof or for the removal or disposition of surpluses of such commodities or the products thereof.

(b) The Secretary is authorized to make advances to producers for the purpose of assisting them to insure their crops with the Federal Crop Insurance Corporation. The Secretary shall remit the amount of any such advances to a producer directly to such Corporation in payment of the premium on the insurance for which the producer has made application. Advances shall only be made to producers who are participating or who agree to participate in a program formulated pursuant to section 590h of this title. Except as otherwise provided in this subsection, the terms and conditions of such advances shall be fixed by the Secretary. In carrying out the provisions of this subsection, the Secretary may transfer to the Federal Crop Insurance Corporation, prior to the execution of applications for insurance or requests for advances by producers, the funds estimated as necessary to cover the advances which will be requested for the payment of premiums under a crop-insurance program, and any portion of such funds not used for advances to producers under such program shall be returned to the Secretary by the Federal Crop Insurance Corporation. (Apr. 27, 1935, ch. 85, § 12, as added

Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151, and amended Mar. 25, 1939, ch. 15, 53 Stat. 550; July 2, 1940, ch. 521, § 1, 54 Stat. 727.)

§ 590m. Execution of powers of Secretary of Agriculture Adjustment Administration.-Notwithstanding the foregoing provisions of sections 590a-590h, 590i, 590j-5901, of this title, the Secretary is authorized and directed to provide for the execution by the Agricultural Adjustment Administration of such powers conferred upon him under sections 590g, 590h, 590i, 590j-590n, of this title as he deems may be appropriately exercised by such Administration, and for such purposes the provisions of law applicable to the appointment and compensation of persons employed by the Agricultural Adjustment Administration shall apply. (Apr. 27, 1935, ch. 85, § 13, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151.)

TRANSFER OF FUNCTIONS

Federal Crop Insurance Corporation consolidated with other agencies into Agricultural Conservation and Adjustment Administration for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to Title 50, War.

§ 590n. Payments reviewable only by Secretary.-The facts constituting the bases for any payment or grant or the amount thereof authorized to be made under section 590g or 590h of this title, when officially determined in conformity with rules or regulations prescribed by the Secretary of Agriculture, shall be reviewable only by the Secretary of Agriculture. (Apr. 27, 1935, ch. 85, § 14, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151.)

§ 5900. Appropriation for purposes of sections 590g and 590h; allocation of funds among commodities.-To enable the Secretary of Agriculture to carry out the purposes of section 590g and 590h of this title there is hereby authorized to be appropriated for any fiscal year not exceeding $500,000,000.

The funds available for payments (after allowing for estimated administrative expenses, and not to exceed 5 per centum for payments with respect to range lands, noncrop pasture lands, and naval stores) shall be allocated among the commodities produced with respect to which payments or grants are to be be computed. In allocating funds among the commodities the Secretary shall take into consideration and give equal weight to (1) the average acreages planted to the various commodities (including rotation pasture), for the ten years 1928 to 1937, adjusted for abnormal weather and other conditions, including acreage diverted from production under the agricultural adjustment and soil conservation programs; (2) the value at parity prices of the production from the allotted acreages of the various commodities for the year with respect to which the payment is made; (3) the average acreage planted to the various commodities during the ten years 1928 to 1937, including the acreage diverted from production under the agricultural adjustment and soil conservation programs, in excess of the allotted acreage for the year with respect to which the payment is made; and (4) the value based on average

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