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(b) Regulations. Sections 714.21- PART 715-ADVANCES TO PERSONS 714.29.

(c) County committee. The respective county agricultural conservation committee utilized under the Act.

TO ENABLE THEM TO OBTAIN INSURANCE FROM THE FEDERAL CROP INSURANCE CORPORATION

Sec.

(d) County office. The office of the 715.1 county committee.

(e) State office. The central office of the Agricultural Adjustment Administration for the State.

(f) Comptroller. The Comptroller (or Acting Comptroller) of the Agricultural Adjustment Administration, United States Department of Agriculture.

(g) Secretary of Agriculture. The Secretary of Agriculture of the United

States.

(h) Claim. A request for refund of penalty made on form Cotton 229.

(i) Claimant. Any person who makes claim on form Cotton 229.

(j) Penalty. An amount of money collected with respect to the marketing of cotton pursuant to the Act, and paid to the Secretary of Agriculture, from or on account of any person.

(k) Farm marketing quota or quota. The cotton marketing quota established under Title III of the Act for the farm for the year with respect to which the penalty involved in the claim was paid.

(1) Person. An individual, partnership, firm, corporation, joint-stock company, association, trust, or estate, or any agency of a State Government or the

Federal Government.

(m) Farm. The farm for which the marketing quota involved in the claim was established.

Definitions.

Eligibility for an advance. Request for advance.

715.2

715.3

715.4

Manner of payment.

715.5 715.6

Forms and instructions.

Signature and authorization.

§ 715.1 Definitions. As used herein and in all forms and documents relating to the making of advances to persons to enable them to obtain insurance from

the Federal Crop Insurance Corporation (hereinafter referred to as an advance), unless the context or subject matter otherwise requires, the terms:

(a) Secretary, Administrator, Regional Director, State committee, county committee and person shall have the meanings assigned to them in the Agricultural Conservation Program Bulletin issued for the crop year with respect to which a person applies for insurance with the Federal Crop Insurance Corporation.

(b) The Corporation means the Federal Crop Insurance Corporation.* [ACP-99, Mar. 29, 1939, as amended July 22, 1939, and Aug. 14, 1939; 4 F.R. 1377, 3409, 3598]

NOTE: This section was amended by deletion of the word "as" preceding the word "assigned", July 22, 1939; 4 F.R. 3409. No further change was made in the revision of Aug. 14, 1939; 4 F.R. 3598.

*§§ 715.1 to 715.6, inclusive, issued under the authority contained in 53 Stat. 550; 16 U.S.C., Sup. 5901.

an

for crop insurance to which the request for

§ 715.2 Eligibility for advance. In order to be eligible to request an advance a person at the time of making such request, (n) Producer. A person who, as owner, (a) must file, or have previously filled with landlord, tenant, sharecropper, or la- the county committee, the application(s) borer, was entitled under the terms of his tenure or rental or cropping agreement relating to the production of cotton to share in any of the cotton marketed from the farm.

(0) Operator. The producer who was in charge of the farming operations on the farm as a whole at the time when the cotton involved in the claim was sold, bartered, or exchanged.*†

advance relates;

(b) must be participating, or agree to participate, in the Agricultural Conservation Program relating to the crop year to which the application(s) for insurance relates to an extent to which the sum of the estimated payment to be earned under such program and the estimated payments, if any, earned or to be earned under any other proAgriculture with respect to the same or pregrams administered by the Department of ceding crop years, less the pro rata deduction,

to the amount for which the request for adhereinafter referred to as "net payment"; vance is made; this amount of payment is

if any, for county association expenses, and | Agriculture, October 25, 1938, is at least equal less the amount of the conservation payment which has been assigned, exceeds the sum of such person's indebtedness to the Agricultural Adjustment Administration, and to the various agencies and departments of the Federal Government as set forth in the Order Governing Set-offs Revised by the Secretary of Agriculture, October 25, 1938, by an amount (hereinafter referred to as net payment) at least equal to the amount for which the request for advance is made; Provided, however, That in the event the net payment is less than the requested advance by an amount not in excess of the amount of the agricultural conservation program payment which has been assigned, then if such person obtains a waiver from the assignee(s) of such assignment(s) to the extent of the amount of the advance, the amount so waived shall be considered as a part of the net payment under this section;

(c) must authorize the Secretary to deduct the amount of the advance from any payment to which such person then or thereafter becomes entitled under any program administered by the Department, must agree, upon notice from the Secretary or his agent, to repay the amount of advance owing to the Secretary on the date of such notice, and must assign to the Secretary his right and interest in all indemnities payable under policies issued to him by the Corporation to the extent of the amount of the advance owing to the Secretary at the time claim for any such indemnity is made;

(d) must agree that the authorization for deduction and the assignment of indemnities, as set forth in paragraph (c) above, shall apply to payments and indemnities due him which are made to his successor in interest because of death, incompetency, insolvency or bankruptcy." [ACP-99, Mar. 29, 1939; 4 F.R. 1378]

an

[Preceding section, in small type, superseded by following section, also in small type, during period covered by this Supplement] § 715.2 Eligibility for order to be eligible to request an advance advance. In a person at the time of making such request, (a) must file, or have previously filed with the county committee, the application for crop insurance to which the request for advance relates;

(b) must be participating, or agree to participate, in the Agricultural Conservation Program relating to the crop year to which the application for insurance relates, to such an extent that the sum of the estimated payment to be earned under such program and the estimated payments, if any, earned or to be earned under any other programs administered by the Department of Agriculture with respect to the same or preceding crop years, less (1) the pro rata deduction, if any, for county association expenses, (2) amount of the conservation payment which the has been assigned, and (3) the sum of such person's indebtedness to Adjustment Administration and to the varithe Agricultural ous agencies and departments of the Federal Government as set forth in the Order Governing Set-offs Revised by the Secretary of

Page 562

the amount of the advance from any pay(c) must authorize the Secretary to deduct ment to which such person then or thereafter becomes entitled under any program upon notice from the Secretary or his agent, administered by the Department, must agree, Secretary at the time of such notice, and to repay the amount of advance owing to the must agree that the Secretary has a right to and interest in all indemnities payable the Corporation to the extent of the amount under insurance contracts issued to him by of the advance owing to the Secretary at the time claim for any such indemnity is made; (d) must agree that the authorization for deduction from payments and indemnities, as set forth in paragraph (c) above, shall apwhich are made to his successor in interest ply to payments and indemnities due him because of death, incompetency, insolvency 4 F.R. 3410] or bankruptcy.* [As amended July 22, 1939;

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

§ 715.2 Eligibility for advance. In order to be eligible to request an advance a person at the time of making such request,

(a) must file, or have previously filed with the county committee, the application for advance relates; crop insurance to which the request for

ticipate, in the Agricultural Conservation (b) must be participating, or agree to parProgram relating to the crop year to which the application for insurance relates, to such an extent that the estimated payment to be earned under such program less (1) the pro penses, (2) the amount of the payment rata deduction for county association exwhich has been assigned under such program, and (3) the sum of such person's inAdministration and to the various agencies debtedness to the Agricultural Adjustment and departments of the Federal Government Revised by the Secretary of Agriculture, Ocas set forth in the Order Governing Set-offs tober 25, 1938, is at least equal to the amount ferred to as "net payment"; for which the request for advance is made; this amount of payment is hereinafter re

the amount of the advance from any pay(c) must authorize the Secretary to deduct ment to which such person then or thereafter becomes entitled under any program administered by the Department, must agree, upon notice from the Secretary or his agent, to repay the amount of advance owing to the Secretary at the time of such notice, and must agree that the Secretary has a right to and interest in all indemnities payable under Corporation to the extent of the amount of insurance contracts issued to him by the the advance owing to the Secretary at the time claim for any such indemnity is made;

deduction from payments and indemnities. (d) must agree that the authorization for as set forth in (c) above, shall apply to pay

indemnities, as set forth in paragraph (c), shall apply to payments and indem

ments and indemnities due him which are made to his successor in interest because of death, incompetency, insolvency or bankruptcy. As amended Aug. 14, 1939; 4 F.R. nities due him which are made to his 3599]

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

§ 715.2 Eligibility for advance. In order to be eligible to request an advance a person at the time of making such request,

(a) must file, or have previously filed with the county committee, the application for crop insurance to which the request for advance relates;

(b) must be participating, or agree to participate, in the Agricultural Conservation Program relating to the crop year to which the application for insurance relates, to such an extent that the estimated payment to be earned under such program less,

(1) the pro rata deduction for county association expenses,

(2) the amount of the payment which has been assigned under such program,

and

(3) the sum of such person's indebtedness to the United States, as set forth in the Revised Order Governing SetOffs, as amended, excluding indebtedness arising out of the filing of Forms AAA-372, "Producer's Request for SetOff", pertaining to programs other than the Agricultural Conservation Program to which the request for advance relates, is at least equal to the amount for which the request for advance is made; this amount of payment is hereinafter referred to as "net payment";

(c) must authorize the Secretary to deduct the amount of the advance from any payment to which such person then or thereafter becomes entitled under any program administered by the Department, must agree, upon notice from the Secretary or his agent, to repay the amount of advance owing to the Secretary at the time of such notice, and must agree that the Secretary has a right to and interest in all indemnities payable under insurance contracts issued to him by the Corporation to the extent of the amount of the advance owing to the Secretary at the time claim for any such indemnity is made;

(d) must agree that the authorization for deduction from payments and

successor in interest because of death, incompetency, insolvency or bankruptcy.* [As amended Sept. 16, 1939; 4 F.R. 3956]

§ 715.3 Request for advance. An advance will be made only upon request therefor submitted through the county office on a prescribed form. Only one request form per county shall be filed by a person and such

form shall relate to all applications for insurance filed by him in the county and for which an advance is desired: Provided, however, That if subsequent to filing such a request a person desires to obtain insurance with respect to another farm in the county, or desires to increase his insurance coverage under a policy for which an advance was previously requested, he may file a suppleamount of premium.* [ACP-99, Mar. 29, 1939; 4 F.R. 1378]

mental request for advance of the additional

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

§ 715.3 Request for advance. An adtherefor submitted through the county vance will be made only upon request office on a prescribed form. A request form shall be filed for each application for insurance for which an advance is desired: Provided, however, That if, subsequent to filing such a request, a person desires to increase his insurance coverage under an insurance contract for which an advance was previously requested, he may file a supplemental request for advance of the additional amount of premium.* [As amended July 22, 1939 and Aug. 14, 1939; 4 F.R. 3410, 35991

3410, and Aug. 14, 1939; 4 FR. 3599, are

NOTE: The revisions of July 22, 1939; 4 F.R.

identical.

$715.4 Manner of payment. The amount of advance will be remitted directly to the the advance remitted to the Corporation is in Corporation. In the event the amount of excess of the amount of premium (s) due, the excess will be returned by the Corporation to the Secretary and the producer's account credited with such amount.* [ACP-99, Mar. 29, 1939; 4 FR. 1378]

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

§ 715.4 Manner of payment. The amount of advance approved by the appropriate State Office of the Agricultural Adjustment Administration will be remitted by the Secretary directly to the Corporation. In the event the amount of the advance so remitted to the Corporation is in excess of the amount of

721.113

Determination of individual farm corn yields.

Miscellaneous provisions applicable to farm corn acreage allotments and yields.

721.114 Definitions.

PROCLAMATIONS AND DETERMINATIONS

premium due, the excess will be returned Sec.
by the Corporation to the Secretary and 721.112
the applicant's account credited with
such amount: Provided, however, That
if the Secretary has been reimbursed for
the amount of the advance, the excess
will be returned to the applicant, and,
if the Secretary has been reimbursed for
a portion of the amount of the advance,
the amount of excess needed to reim-
burse the Secretary for the entire
amount of advance will be returned
to the Secretary for the applicant's ac-
count and the remainder will be re-
turned to the applicant.* [As amended
July 22, 1939 and Aug. 14, 1939; 4 F.R.
3410, 3599]

NOTE: The revisions of July 22, 1939; 4 F.R. 3410, and Aug. 14, 1939; 4 FR. 3599, are

identical.

§ 715.5 Forms and instructions. The Agricultural Adjustment Administration shall prescribe such forms and issue such instructions as may be necessary to carry out this part.* [ACP-99, Mar. 29, 1939, as amended July 22, 1939, and Aug. 14, 1939; 4 F.R. 1378, 3410, 3599]

NOTE: No changes were made in the revisions of this section.

§ 715.6 Signature and authorization. The provisions of ACP-16, "Instructions on Signatures and Authorizations," are hereby made a part of Part 715.* [ACP99, Mar. 29, 1939, as amended July 22, 1939, and Aug. 14, 1939; 4 F.R. 1378, 3410, 3599]

§ 721.101 Commercial corn-producing area for the year 1939. The commercial corn-producing area for the year 1939 embraces the following counties of the States specified, the counties listed under the heading "A" being the counties determined pursuant to subparagraph (A), and the counties listed under the heading "B" being the counties determined pursuant to subparagraph (B), of section 301 (b) (4) of the Agricultural Adjustment Act of 1938 (52 Stat. 40; 7 U.S.C., Sup., 1301).

ILLINOIS

(A) Counties included in commercial corn area under paragraph 4 (A), sec. 301 (b). Adams, Alexander, Bond, Boone, Brown, Bureau, Calhoun, Carroll, Cass, Champaign, Christian, Clark, Clay, Clinton, Coles, Crawford, Cumberland, De Kalb, DeWitt, Douglas, Du Page, Edgar, Edwards, Effingham, Fayette, Ford, Fulton, Gallatin, Greene, Grundy, Hancock, Henderson, Henry, Iroquois, Jackson, Jasper, Jersey, Jo Daviess, Kane, Kankakee, Kendall, Knox, Lake, La Salle, Lawrence, Lee, Livingston, Logan, McDonough, McHenry, McLean,

NOTE: No changes were made in the revi- Macon, Macoupin, Madison, Marshall, sions of this section.

[blocks in formation]

Mason, Massac, Menard, Mercer, Monroe,
Montgomery, Morgan, Moultrie, Ogle,
Peoria, Piatt, Pike, Pulaski, Putnam,
Richland, Rock Island, St. Clair, Saline,
Sangamon, Schuyler, Scott, Shelby,
Stark, Stephenson, Tazewell, Vermilion,
Wabash, Warren, White, Whiteside, Will,
Winnebago, and Woodford.

(B) Counties included in commercial corn area under paragraph 4 (B), sec. 301 (b). Cook, Hamilton, Hardin, Johnson, Marion, Perry, Pope, Randolph, Union, Washington, and Wayne.

INDIANA

(A) Counties included in commercial corn area under paragraph 4 (A), sec. 301 (b). Adams, Allen, Bartholomew, Benton, Blackford, Boone, Carroll, Cass, Clay, Clinton, Daviess, Decatur, De Kalb, Delaware, Dubois, Fayette, Fountain,

MINNESOTA

Franklin, Fulton, Gibson, Grant, Hamil- dale, Jackson, Kalamazoo, Washtenaw, ton, Hancock, Hendricks, Henry, How- and Wayne. ard, Huntington, Jackson, Jasper, Jay, Johnson, Knox, Kosciusko, Lagrange, Lake, La Porte, Madison, Marion, Marshall, Miami, Montgomery, Morgan, Newton, Noble, Parke, Porter, Posey, Pulaski, Putnam, Randolph, Rush, Saint Joseph, Shelby, Spencer, Starke, Steuben, Sullivan, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, Wabash, Warren, Wayne, Wells, White, and Whitley. (B) Counties included in commercial corn area under paragraph 4 (B), sec. 301 (b). Dearborn, Elkhart, Greene Jennings, Lawrence, Martin, Orange, Owen, Pike, Ripley, Scott, Warrick, and Washington.

IOWA

(A) Counties included in commercial corn area under paragraph 4 (A), sec. 301 (b). Big Stone, Blue Earth, Brown, Carlton, Chippewa, Cottonwood, Dakota, Dodge, Faribault, Fillmore, Freeborn, Houston, Jackson, Kandiyohi, Lac Qui Parle, Le Sueur, Lincoln, Lyon, McLeod, Martin, Meeker, Mower, Murray, Nicollet, Nobles, Olmsted, Pipestone, Redwood, Renville, Rice, Rock, Scott, Sibley, Steele, Stevens, Swift, Waseca, Watonwan, and

Yellow Medicine.

(B) Counties included in commercial corn area under paragraph 4(B), sec. 301 (b). Carver, Goodhue, Grant, Traverse, Wabasha, Winona, and Wright.

MISSOURI

ston, Marion, Mississippi, Monroe, Montgomery, New Madrid, Nodaway, Pettis, Pike, Platte, Ralls, Randolph, Ray, Saint Charles, Saline, Scott, Scotland, Shelby, Stoddard, and Worth.

(A) Counties included in commercial corn area under paragraph 4 (A), sec. 301 (b). Adair, Adams, Allamakee, (A) Counties included in commercial Audubon, Benton, Black Hawk, Boone, corn area under paragraph 4(A), sec. Bremer, Buchanan, Buena Vista, Butler, 301 (b). Andrew, Atchison, Audrain, Calhoun, Carroll, Cass, Cedar, Cerro Bates, Buchanan, Caldwell, Carroll, Cass, Gordo, Cherokee, Chickasaw, Clarke, Chariton, Clark, Clay, Clinton, Cooper, Clay, Clayton, Clinton, Crawford, Dallas, Daviess, De Kalb, Gentry, Grundy, HarDavis, Decatur, Delaware, Des Moines, rison, Henry, Holt, Howard, Johnson, Dickinson, Dubuque, Emmet, Fayette, Knox, Lafayette, Lincoln, Linn, LivingFloyd, Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton, Hancock Hardin, Harrison, Henry, Howard, Humboldt, Ida, Iowa, Jackson, Jasper, Jefferson, Johnson, Jones, Keokuk, Kossuth, Lee, Linn, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Marshall, Mills, Mitchell, Monona, Monroe, Montgomery, Muscatine, O'Brien, Osceola, Page, Palo Alto, Plymouth, Pocahontas, Polk, Pottawattamie, Poweshiek, Ringgold, Sac, Scott, Shelby, Sioux, Story, Tama, Taylor, Union, Van Buren, Wapello, Warren, Washington, Wayne, Webster, Winnebago, Winneshiek, Woodbury, Worth, and Wright.

(B) County included in commercial corn area under paragraph 4 (B), sec. 301 (b). Appanoose.

MICHIGAN

(A) Counties included in commercial corn area under paragraph 4 (A), sec. 301 (b). Lenawee, Monroe, and Saint Joseph.

(B) Counties included in commercial corn area under paragraph 4 (B), sec. 301 (b). Branch, Calhoun, Cass, Hills

(B) Counties included in commercial corn area under paragraph 4(B), sec. 301 (b). Adair, Benton, Boone, Callaway, Cape Girardeau, Dunklin, Jackson, Lewis, Macon, Mercer, Moniteau, Pemiscot, Perry, Putnam, Saint Clair, Schuy

ler, and Vernon.

NEBRASKA

(A) Counties included in commercial corn area under paragraph 4 (A), sec. 301 (b). Adams, Antelope, Boone, Buffalo, Burt, Butler, Cass, Cedar, Clay, Colfax, Cuming, Custer, Dakota, Dawson, Dixon, Dodge, Douglas, Fillmore, Franklin, Frontier, Furnas, Gage, Gosper, Greeley, Hall, Hamilton, Harlan, Howard, Jefferson, Johnson, Kearney, Knox, Lancaster, Madison, Merrick, Nance, Nemaha, Nuckolls, Otoe, Pawnee, Perkins, Phelps, Pierce, Platte, Polk, Redwillow, Richardson, Saline, Sarpy, Saunders, Seward, Sherman, Stanton, Thayer,

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