202 PUBLIC LAWS-CH. 107-APR . 7 , 1938 [CHAPTER 107] April 7, 1938 [H. R . 9915] [Public, No. 470] Agricultural Ad- justment Act of 1938, amendments. Ante, p. 36 . Farming operations in 1938, payments based on soil-deplet- ing crops. Definitions; textual modifications. Ante, p. 41. Normal yield for county, as to corn. Wheat or cotton. Ante, p. 41 . Ante, p. 42. "Normal yield" for any farm in the case of designated commodi- ties. Basis of apportion- ment of national mar- keting quotas. Ante, p. 47. Ante, p. 48. Flue-cured tobacco. Post, p. 586. Acreage allotment, corn. Ante, p. 62 . [52 STAT. AN ACT To amend the Agricultural Adjustment Act of 1938, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 105 of the Agricultural Adjustment Act of 1938 is amended by inserting after the first sentence the following: "Notwithstanding such amend- ments, payments with respect to farming operations carried out in the calendar year 1938 and based upon any soil-depleting crop for which special acreage allotments are established shall be made at not less than 90 per centuun of the rates announced by the Secretary prior to the enactment of this Act.". SEO. 2 . Section 301 (b) (13) (A) of the Agricultural Adjustment Act of 1938 is hereby amended by striking out the word "farm" in the expressions "for any farm" and "for the farm", respectively, and inserting in lieu thereof "county". SEC. 3. Section 301 (b) (13) (B) of the Agricultural Adjustment Act of 1938 is hereby amended by striking out the word "farm" in the expressions "for any farm" and "for the farm", respectively, and inserting in lieu thereof "county". SEC. 4 . Section 301 (b) (13) of the Agricultural Adjustment Act of 1938 is hereby amended by adding the following new subpara- graph: "(E) 'Normal yield' for any farm, in the case of corn, wheat, or cotton, shall be the average yield per acre of corn, wheat, or cotton, as the case may be, for the farm, adjusted for abnormal weather conditions and, in the case of corn and wheat, but not in the case of cotton, for trends in yields, during the ten calendar years in the case of corn and wheat, and five calendar years in the case of cotton, immediately preceding the year with respect to which such normal yield is used in any computation authorized under this title. If for any such year the data are not available or there is no actual yield, then the normal yield for the farm shall be appraised in accordance with regulations of the Secretary, taking into consideration abnor- mal weather conditions, the normal yield for the county, and the yield in years for which data are available." SEC. 5. (a) Section 313 (a) of the Agricultural Adjustment Act of 1938 is amended by striking out the word "net". (b) Section 313 of the Agricultural Adjustment Act of 1938 is amended by adding at the end thereof the following: "(e) In case of flue-cured tobacco, the national quota for 1938 is increased by a number of pounds required to provide for each State in addition to the State poundage allotment a poundage not in excess of 2 per centum of the allotment which shall be apportioned in amounts which the Secretary determines to be fair and reasonable to farms in the State receiving allotments under the Agricultural Adjustment Act of 1938 which the Secretary determines are inade- quate in view of past production of tobacco, and for each year by a number of pounds sufficient to assure that any State receiving a State poundage allotment of flue-cured tobacco shall receive a mini- mum State poundage allotment of flue-cured tobacco equal to the average national yield for the preceding five years of five hundred acres of such tobacco." SEC. 6 . Section 328 of the Agricultural Adjustment Act of 1938 is amended by inserting after the words "during the ten calendar years immediately preceding such calendar year" a comma and the follow- ing: "adjusted for abnormal weather conditions and trends in yield,".
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