tion of beneficiary at any time by giving written notice to the county committee. If no beneficiary is designated, any acreage remaining in the pool may be transferred to any other farm owned by the displaced owner at the time of his death upon application of any person who becomes the owner of an interest in the farm by reason of the death of the displaced owner.

If the displaced owner

owns 2 or more farms at the time of his death, upon application of any person who acquires an interest in any of such farms by reason of the death of the displaced owner, the pooled allotments and bases shall be prorated among such farms on the basis of the amounts of pooled acreage each farm is eligible to receive. Where an acquired farm is jointly owned (including joint ownership of land in an estate, the administration of which has not been completed) each joint owner is entitled to the benefit of the pooled acreage in proportion to his interest in the acquired farm.

(j) Determination of the person entitled to the benefit of pooled allotment (1) General interpretation. The person entitled to the benefit of pooled allotments is the displaced owner as defined in paragraph (a) of this section. The term "displaced owner" has been interpreted to exclude a person who acquires a farm subject to an outstanding contract of sale to any agency, or option to purchase by an agency, or subject to pending condemnation proceedings. Allotments shall not be pooled for the benefit of such a person who acquires the farm subject to such a contract, option, or pending condemnation proceedings, but shall be pooled in accordance with this section for the benefit of the last owner who could qualify as the bona fide displaced owner.

(2) Cases where farm not owned for at least 12 months. In cases where the land acquired by an agency has not been owned by the person from whom acquired for at least 12 months immediately prior to the date of acquisition, allotments and feed grain bases from the acquired farm shall be placed in the pool for the benefit of such person under this section only if a determination has been made by the State committee that the purchase of the land by the person from whom the agency acquired the land was for the purpose of carrying out farming operations and was not made for the purpose of obtaining the status of a displaced

owner with the right to have allotments or feed grain bases pooled for his benefit. If it is determined that the allotments and feed grain bases shall not be pooled for the benefit of such person, then allotments and feed grain bases shall be pooled in accordance with this section for the benefit of the last owner who could qualify as the bona fide displaced owner. In such cases, and in the cases covered in subparagraph (1) of this paragraph, the date of displacement shall be considered as the date of acquisition by the agency. The transferring State committee shall determine the proper person entitled to the benefits of the pooled allotment. The transferring State committee shall establish the pooled allotment in accordance with such determination.

(Sec. 602, 79 Stat. 1206, 7 U.S.C. 1838; sec. 4, 49 Stat. 164, 16 U.S.C. 590d) [29 F.R. 13370, Sept. 26, 1964, as amended by Amdt. 8, 31 F.R. 4580, Mar. 18, 1966; Amdt. 11, 31 F.R. 14253, Nov. 4, 1966; Amdt. 14, 33 F.R. 9146, June 21, 1968; Amdt. 16, 33 F.R. 11812, Aug. 21, 1968]

§ 719.12 Exempting Federal prison

farms and Federal wildlife refuges. No marketing penalty shall be assessed or entered on the county or State office debt record for excess acreage of any commodity which may be produced on a Federal prison farm on Federal wildlife refuge: Provided, however, That, this exception does not apply to penalties incurred by an individual who has a separate interest in a crop which is subject to marketing quotas and which was produced on such Federal prison farms and Federal wildlife refuges.

§ 719.13 Supervisory authority of ASC State committee.

The State committee may take any action required by these regulations which has not been taken by the county committee. The State committee may also (1) correct or require a county committee to correct, any action taken by such county committee which is not in accordance with the regulations of this part, or (2) require a county committee to withhold taking any action which is not in accordance with the regulations of this part.

§ 719.14 Transfer of allotments and feed grain bases-State public lands. (a) General authority. Section 706 of the Food and Agriculture Act of 1965 (79 Stat. 1210, 7 U.S.C. 1305) enacted

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 the 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 administration 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.

(Sec. 706, 79 Stat. 1210; 7 U.S.C. 1305) [Amdt. 7, 31 F.R. 3187, Feb. 26, 1966]

§ 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, and tobacco of the kinds for which acreage allotments are in effect.

(Sec. 602, 79 Stat. 1206, 7 U.S.C. 1838; sec. 4, 49 Stat. 164, 16 U.S.C. 509d) [Amdt. 13, 32 F.R. 14600, Oct. 20, 1967]

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 postmarked by midnight of such next working day. Where the action required to be taken is within a prescribed number of days after the mailing of notice, the day of mailing shall be excluded in computing such period of time.

(Sec. 375, 52 Stat. 66; 7 U.S.C. 1375. Interprets or applies secs. 301-393, 52 Stat. 38-70, as amended; 7 U.S.C. 1301-1393) [24 F.R. 4233, May 27, 1959]

PART 722-COTTON

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

Sec.

722.61

722.62

722.63 722.64

722.65 722.66

722.67

722.68

722.69

722.70

722.71

722.72

722.73

722.74

GENERAL

Applicability.

Extent of calculations and rule of
fractions.

Expiration of time limitations.
Definitions.

FARM MARKETING QUOTA AND FARM
MARKETING EXCESS

Cotton subject to marketing quotas.
Farm marketing quota and farm
marketing excess.

Notice of farm marketing excess and farm marketing quota.

Farm marketing excess adjustment. Publication of the farm allotment, projected yield, marketing quota, and marketing excess.

Marketing quotas for upland cotton and extra long staple cotton not interchangeable, special situations for transfer of marketing quotas between farms.

Successors-in-interest.

Review of quotas.

Exemption for publicly owned agricultural experiment stations. Determination of planted acreage.

IDENTIFICATION OF COTTON