Page:United States Statutes at Large Volume 48 Part 1.djvu/627

73d CONGRESS . SESS. II . CH. 157. APRIL 21, 1934. Agriculture shall apportion to the several cotton-producing States the number of bales the marketing of which may be exempt from the tax herein levied, which shall be determined by the ratio of the average number of bales produced in each State during the five crop years preceding the passage of this Act to the average number of bales produ ced in all th e States duri ng the same pe riod : Pro- vid ed, however, That no State shall receive an allotment of less than two hundred thousand bales of cotton if in any one year of five years prior to this date the production of the State equalled two hundred and fifty thousand bales . It is prima facie presumed that all cotton and its processed products will move in interstate or foreign commerce . (b) The amount allotted to each State (less the amounts allotted under section 8) shall be apportioned by the Secretary of Agricul- ture to the several counties in such State on a basis and ratio, applied to such counties, similar to that set forth in subsection (a), except that, for the purposes of this subsection, there shall be excluded from the calculation of the average production of cotton in any county an amount of cotton produced in such county during any crop year or years during which the Secretary of Agriculture finds that production of cotton in such county was reduced so substantially by unus ual dro ught, s torm, flood, insect pests, or oth er unco ntroll able natural cause that the inclusion of the cotton produced in such crop year or years would result in an apportionment to such county based upon an abnormally low production of such county, and in such cases the average production shall be calculated on the basis of the crop years and production of the years remaining of the period set forth i n subse ction (a) . APPLICATIONS FOR CERiirICATES 601 Proviso . Minimum allotment. Apportionment o f State allotment among counties . Exce pti on . Tolerance for unus- ua l cond itions . Ap plicat ions fo r cer- tificates. SEC . 6 . A producer of cotton desiring to secure a tax-exemption certificate may file an application therefor with the agent designated by the Secretary of Agriculture, accompanied by a statement under oath showing the approximate quantity of cotton produced on the lands presently owned, rented, share-cropped, or controlled by the applicant during a representative period fixed by the Secretary of Agriculture, and also the number of acres of land in said lands in actual cultivation for the three preceding years, and the quantity of cotton, in the best judgment of the applicant, said lands would have produced if all the cultivated land had been planted to cotton . Said application sh all state any other facts which may be r equired by the Secretary of Agriculture . No certificate of exemption shall be issued and no allotment shall be made to any producer unless he agrees to comply with such conditions and limitations on the produc- tion of agricultural commodities by him as the Secretary of Agricul- ture may, from time to time, prescribe to assure the cooperation of such producer in the reduction programs of the Agricultural Adjustment Administration and to prevent expansion on lands leased by the Government of competitive production by such producer of agricultural commodities other than cotton and the allotment of and certificates of exemption issued to any producer shall be subject to revocation on violation by him of such conditions and limitations, and no criminal penalties shall apply to the violation of this prov isio n . SEC . 7. (a) The amount of cotton allotted to any county pursuant farms Counties to allot to to section 5 (b) shall be apportioned by the Secretary of Agriculture to farms on which cotton has been grown within such county . Such Procedure. Post, p. 911 . Agreement to com- ply with terms and conditions required . Cooperate, in reduc . tion programs . Ante, p. 33 .