November 3, 1965, authorizes the Secretary to permit transfers of allotments and feed grain bases between farms in the same county where both farms are composed of public lands of the State. Such transfers, effective beginning with the 1966 crops, shall be permitted in accordance with the conditions prescribed by this section.

(b) Applications for transfer. An application in writing requesting the transfer of one or more of the allotments and feed grain bases on a farm entirely composed of public lands of a State shall be filed with the county committee by the agency of the State charged with the adminstration of the land in such farms. The application shall identify the farms as being within the same county, show that each farm is entirely composed of public lands of the State, and list the acreages requested to be transferred. Additional information as to the present operations on the farms, including all leasing arrangements, shall also be set forth in the application.

(c) Closing date for filing applications. The State committee shall establish the closing date for filing applications under paragraph (b) of this section for each year which shall be no later than the date when planting of the commodity involved in the transfer becomes general in the county.

(d) Productivity adjustments in allotments, bases, and history acreages. Each transfer of allotment and feed grain base under this section shall be adjusted for differences in farm productivity if the yield (projected for the year the transfer is to take effect) for the farm to which transfer is made exceeds the yield (projected for the year the transfer is to take effect) for the farm from which transfer is made by more than 10 percent. The county committee shall determine the amount of allotment or base to be transferred where productivity adjustment is required by dividing (1) the product of the yield for the farm from which transfer is made and the acreage to be transferred from such farm, by (2) the yield for the farm to which transfer is made. History acreage for the farm receiving allotment or base shall be adjusted by the same percentage as the allotment or base being transferred is adjusted. The amount of allotment, base, and related farm history acreage transferred from the farm from which the transfer is made with respect to that farm shall be the full amount but the amount of allotment

base, and related farm history acreage for the farm to which the transfer is made shall be the adjusted amount. The county acreage history, if applicable, shall be reduced to correspond with the adjusted history transferred to the farm. The history remaining unassigned to the county as a result of such productivity adjustments shall be tabulated by the State committee and included with the sum of county history acreages for purposes of determining the State history acreage.

(e) Limitation on acreages to be transferred. The amount of allotment or feed grain base on a farm after a transfer under this section is made shall not exceed the average amount of allotment or feed grain base of at least three but not more than five farms with acreages of cropland similar to the farm receiving the transfer in the community having the applicable allotment or base on these farms.

(f) Permanent vegetative cover requirement. Each transfer of any allotment or base shall be subject to the condition that an acreage equal to the allotment or base transferred (before any productivity adjustment) shall be devoted to and maintained in permanent vegetative cover on the farm from which the transfer is made.

(g) County committee action. The county committee shall approve transfer under this section only if it determines that a timely filed application has been received, that the conditions of this section have been met, and a representative of the State committee has approved the transfer. The county committee shall issue revised notices of allotments and bases for each farm affected by the transfer. If a county committee obtains evidence that the conditions applicable to any transfer under this section have not been met, a report of the facts shall be made to the State committee. The State committee shall determine whether such conditions have been met and if not met, shall require that the transfer be canceled and retransferred to the original farm. Where cancellation and retransfer is required, the county committee shall issue revised notices of allotment and bases showing the reasons for cancellation of the transfer. § 719.15

Federally owned land under restrictive lease.

(a) General. It is the policy of the United States to prohibit the cultivation

of crops of price-supported commodities in surplus supply on farmland leased from the United States.

(b) Price-supported commodities in surplus supply. It has been determined that the following price-supported commodities are in surplus supply: Cotton (upland and extra-long staple), corn, grain sorghum, rice, wheat, peanuts, dry edible beans, barley, flaxseed, soybeans, and tobacco of the kinds for which acreage allotments are in effect.

PART 720-GENERAL POLICY AND INTERPRETATIONS

§ 720.1 Expiration of time limitations. Whenever the final date prescribed in any of the regulations in this chapter for the performance of any act falls on a Saturday, Sunday, national holiday, State holiday on which the office of the County or State Agricultural Stabilization and Conservation Committee having primary cognizance of the action required to be taken is closed, or any other day on which the cognizant office is not open for the transaction of business during normal working hours, the time for taking the required action. shall be extended to the close of business on the next working day, or in case the action required to be taken may be performed by mailing, the action shall be considered to be taken within the prescribed period if the mailing is postmarked by midnight of such next working day. For example, § 728.855(b) of the wheat marketing quota regulations for 1958 and subsequent years prescribes August 1, 1959, as the final date in Sierra County, California, by which 1959 wheat acreage in excess of the farm acreage allotment must be disposed of in order to comply with the farm wheat acreage allotment. Since the date falls on a Saturday, any producer in such county, under the interpretation contained in this section, may dispose of the excess acreage on or before August 3, 1959, the next working day of the Sierra County ASC office. Similarly if the last day of the 15-day period within which an application for review of a farm marketing quota must be filed with the county ASC offices as provided in § 711.13 of the marketing quota review regulations falls on a non-working day the application for review may be filed in the office by the close of business on the next working day or may be mailed to the office if

722.818

722.819

722.820

Authorization for transfer of allotments beginning with the 1969 crop.

722.528 Applications for transfer.

722.529 Amount of allotment transferable. Additional conditions and limita

tions.

County committee action.

Subpart-1972 Crop of Extra-Long Staple Cotton; Acreage Allotments and Marketing Quotas 722.558 National marketing quota for the 1972 crop of ELS cotton.

Setoffs and assignments.

Reconstitution of farms.

Performance based upon advice or action of county or State committee.

722.821 Supervisory authority of State committee.

722.822 Delegation of authority.

Subpart-Marketing Quotas for the 1966 and Succeeding Crops of Upland Cotton and Extra Long Staple Cotton

AUTHORITY: The provisions of this subpart issued under secs. 301, 344, 345, 346, 347, 362, 363, 365-368, 372-374, 375, 388, 52 Stat. 38, as amended, 63 Stat. 670, as amended, 63 Stat. 674, as amended, 63 Stat. 675, as amended, 52 Stat. 62, as amended, 52 Stat. 63, as amended, 52 Stat. 64, 52 Stat. 65, as amended, 52 Stat. 66, as amended, 52 Stat. 68; 7 U.S.C. 1301, 1344, 1345, 1346, 1347, 1362, 1363, 1365-1368, 1372-1374. 1376. 1388.

SOURCE: The provisions of this subpart appear at 31 F.R. 6574, May 3, 1966, unless otherwise noted.

are separate commodities and marketing quotas for upland cotton shall not be combined or commingled with marketing quotas for extra long staple cotton. The regulations in this subpart supersede the Marketing Quota Regulations for the 1964 and Succeeding Crops of Upland Cotton and Extra Long Staple Cotton (29 F.R. 9767, as amended), which applied to the 1964 and 1965 crops of cotton.

the foregoing

(b) Notwithstanding provisions of paragraph (a) of this section, the provisions of this subpart shall not apply to upland cotton produced in 1971, 1972, or 1973 since marketing quotas are not in effect for those years under the statutory amendments contained in the Agricultural Act of 1970 (Public Law 91-524, 84 Stat. 1358, et seq., approved Nov. 30, 1970): Provided, however, That the records and reports requirements under §§ 722.89 to 722.95, and 722.99 shall remain applicable to upland cotton produced in such period.

[31 F.R. 6574, May 3, 1966, as amended by Amdt. 9, 36 F.R. 13979, July 29, 1971]

§ 722.62 Extent of calculations and rule of fractions.

The rate of penalty under §§ 722.79 and 722.100 shall be computed to the nearest tenth of a cent. In making all other computations under §§ 722.61 to 722.100, the amount of lint cotton shall be rounded to the nearest whole pound and the amount of penalties or refunds for a farm shall be rounded to the nearest whole cent. The basic rule of fractions in Part 793 of this chapter shall be applicable.

(7 U.S.C. 1375) [Amdt. 5, 33 F.R. 6701, May 2, 1968]

§ 722.63 Expiration of time limitations.

The provisions of Part 720 of this chapter concerning the expiration of time limitations shall apply to §§ 722.61 to 722.100.

of this chapter, as amended, shall apply to §§ 722.61 to 722.100:

Community committee.
County.

County committee.
County office manager.
Cropland.

Deputy administrator.
Farm.

Farm number.
Operator.
Owner.
Person.
Producer.

Representative of the State committee. Secretary.

Sharecropper.

State committee.

State executive director.
Tenant.

(b) Cotton program terms. The following terms shall have the following meanings:

(1) Acreage planted to cotton on the farm in the current year (for use in determining compliance with the farm allotment) shall be:

(1) The acreage seeded to cotton plus stub cotton acreage on the farm in the current year, excluding any acreage in excess of the farm allotment which is destroyed or disposed of in accordance with the requirements of Part 718 of this chapter.

(ii) If the farm operator fails to file a certification of acreage in a certification county, any cotton produced on the farm shall be considered as excess cotton in accordance with Part 718 of this chapter in lieu of the rule prescribed in subdivision (i) of this subparagraph.

(iii) In determining compliance on farms participating in the export market acreage program for upland cotton, the following provisions shall govern:

(a) For 1966, § 722.450 (o) (31 F.R. 5300);

(b) For 1967, § 722.451(o) (31 F.R. 13205); and

(c) For 1968 and 1969, § 722.432(0) (33 F.R. 895).

(2) Act- Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1281 et seq.).

(3) Actual production on the farmNumber of pounds of lint cotton determined to have been produced on the farm in the current year.

(4) Actual yield per acre-Number of pounds of lint cotton determined by dividing the actual production on the farm by the number of acres of cotton harvested on the farm.