Page:United States Statutes at Large Volume 54 Part 1.djvu/762

 PUBLIC LAWS-CH. 521 -JULY 2, 1940 Corn or wheat, nor- mal yield determina- tion and redetermina- tion. 52 Stat. 41. 7U.8. C., Supp. V, 1 1301 (b) (13) (B). Cotton, normal yield determination. 52 Stat. 204. 7U. S. C., Supp.V, 1 1372 (c). Refund of penalties erroneously collected. Identification of farms. Scheduling of receipts, etc. 52 Stat. 68. 7U. S.C., Supp.V, 1385. Payments in case of payee's death, etc. 52 Stat. 69. 7U.8.C., Supp.V, 11391. Loans by Com- modity Credit Cor- poration. 49 Stat. 1149, 1151. 16U.S .C .,Supp.V, !i 500h, 5901. Repayment. 49 Stat. 1148-1151. 16 U. S. C., Supp. V, f So90g-59oq. "(13) (A) 'Normal yield' for any county in the case of corn or wheat, shall be the average yield per acre of corn or wheat for the county during the ten calendar years immediately preceding the year in which such normal yield is determined, adjusted for abnormal weather conditions and trends in yields. Such normal yield per acre for any county need be redetermined only when the actual average yield for the ten calendar years immediately preceding the calendar year in which such yield is being reconsidered differs by at least 5 per centum from the actual average yield for the ten years upon which the existing normal yield per acre for the county was based.". SEC. 5. That subparagraph (B) of paragraph (13) of subsection (b) of section 301 of the Agricultural Adjustment Act of 1938, as amended, is amended to read as follows: "(B) 'Normal yield' for any county, in the case of cotton, shall be the average yield per acre of cotton for the county, adjusted for abnormal weather conditions, during the five calendar years immedi- ately preceding the year in which such normal yield is determined.". SEC. 6. That subsection (c) of section 372 of the Agricultural Adjustment Act of 1938, as amended, is amended by striking out the words "within one year" and inserting in lieu thereof the words "within two years"; by adding after the words "wrongfully col- lected" and before the comma the words "and the claimant bore the burden of the payment of such penalty"; and by adding after the first paragraph the following new paragraph: "Notwithstanding any other provision of law, the Secretary is authorized to prescribe by regulations for the identification of farms and it shall be sufficient to schedule receipts into special deposit accounts or to schedule such receipts for transfer therefrom, or directly, into the separate fund provided for in subsection (b) hereof by means of such identification without reference to the names of the producers on such farms." . SEC. 7. That section 385 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the fol- lowing new sentence: In case any person who is entitled to any such payment dies, becomes incompetent, or disappears before receiv- ing such payment, or is succeeded by another who renders or com- pletes the required performance, the payment shall, without regard to any other provisions of law, be made as the Secretary of Agricul- ture may determine to be fair and reasonable in all the circumstances and provide by regulations.". SEC. 8. That section 391 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding thereto the following new subsection: "(c) During each fiscal year, beginning with the fiscal year ending June 30, 1941, the Commodity Credit Corporation is authorized and directed to loan to the Secretary such sums, not to exceed $50,000,000, as he estimates will be required during such fiscal year, to make crop insurance premium advances and to make advances pursuant to the applicable provisions of sections 8 and 12 of the Soil Conservation and Domestic Allotment Act, as amended, in connection with pro- grams applicable to crops harvested in the calendar year in which such fiscal year ends, and to pay the administrative expenses of county agricultural conservation associations for the calendar year in which such fiscal year ends. The sums so loaned during any fiscal year shall be transferred to the current appropriation available for carrying out sections 7 to 17 of such Act and shall be repaid, with interest at a rate to be determined by the Secretary but not less than the cost of money to the Commodity Credit Corporation for a com- parable period, during the succeeding fiscal year from the appropria- 728 [54 STAT.

�