PUBLIC LAWS-CH. 107-APR. 7, 1938 Provso. Limitation. Acreage to be addi- tional to State acreage allotment, etc. Ante, p. 60 . Statement respect- ing acreage planted. Ante, p. 57 . Penalties. Ante, p. 65 . Refund of penalties erroneously collected. Regulations to be prescribed. Commodities grown for experimental pur- poses. Cotton price adjust- ment payments. Ante, p. 66. Crop failure; crops destroyed, after har- vesting, by fire, etc. Cotton pool partici- pation trust certifi- cates, textual changes. Ante, p . 70. Ante, p. 71. Assignee, payment. Ante, p. 71. Wheat or corn, nor- mal yield for any county. Ante, p. 33 . each farm in accordance with regulations prescribed by the Secretary: Provided, That this subsection shall not operate to raise the cotton acreage of any farm above 40 per centum of the acreage on such farm which is tilled annually or in regular rotation, as determined under regulations prescribed by the Secretary. "(i) The acreage required for apportionment under subsection (g) and (h) shall be in addition to the State acreage allotment, and the production of such acreage shall be in addition to the national allotment." SEC. 10. Section 349 (b) of the Agricultural Adjustment Act of 1938 is amended to read as follows: "(b) All persons applying for any payment of money under the Soil Conservation and Domestic Allotment Act, as amended, with respect to any farm located in a county in which cotton has been planted during the year for which such payment is offered, shall file with the application a statement that the applicant has not know- ingly planted, during the current year, cotton on land on his farm in excess of the acreage allotted to the farm under section 344 for such year." SEC. 11 . Section 372 of the Agricultural Adjustment Act of 1938 is amended by adding at the end thereof the following: "(c) Whenever, pursuant to a claim filed with the Secretary within one year after payment to him of any penalty collected from any per- son pursuant to this Act, the Secretary finds that such penalty was erroneously, illegally, or wrongfully collected, the Secretary shall certify to the Secretary of the Treasury for payment to the claimant, in accordance with regulations prescribed by the Secretary of the Treasury, such amount as the Secretary finds the claimant is entitled to receive as a refund of such penalty. "The Secretary is authorized to prescribe regulations governing the filing of such claims and the determination of such refunds. "(d) No penalty shall be collected under this Act with respect to the marketing of any agricultural commodity grown for experimental purposes only by any publicly owned agricultural experiment station." SEC. 12 . The fourth sentence of section 381 (a) of such Act is amended to read as follows: "In cases where in 1937 a total or partial crop failure resulted from hail, drought, flood, or boll-weevil infesta- tion, or where any part of a producer's 1937 cotton crop was destroyed after the harvesting thereof by fire or other unavoidable natural cause, if the producer is otherwise eligible for payment, payment shall be made at the same rate per pound on the same percentage of the producer's normal base production established by the Secretary as in the case of other producers." . SEC. 13. Section 403 of the Agricultural Adjustment Act of 1938 is amended by striking out the date "May 1, 1937" and inserting in lieu thereof the following: "or before May 1, 1938". SEC. 14. Section 404 of the Agricultural Adjustment Act of 1938 is amended by striking out the date "May 1937" and inserting in lieu thereof the date "May 1938". SEC. 15. Section 407 of the Agricultural Adjustment Act of 1938 is amended by striking out "on or before" wherever it occurs in such section and inserting in lieu thereof the following: "subsequent to". SEC. 16. Subparagraph (5) of section 8 (c) of the Soil Conserva- tion and Domestic Allotment Act, as amended by section 101 of the Agricultural Adjustment Act of 1938, is hereby amended by striking out the words "on any farm" in the first sentence and inserting in lieu thereof "for any county"; and by striking out the word "thereon" in the first sentence and inserting in lieu thereof "therein". 204 152 STAT.
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