52 STAT.] 75TI CONG., 3D SESS.-CH. 30 -FEB . 16 , 1938 ning on such August 1, equal to the normal supply. The finding and proclamation of the national allotment for the calendar year 1938 shall be made not later than ten days after the date of the enactment of this Act. (b) If the national allotment for 1938 or 1939 is determined to be less than ten million bales, the national allotment for such year shall be ten million bales for such year, as the case may be. If the national allotment for 1938 or 1939 is determined to be more than eleven million five hundred thousand bales, it shall be eleven million five hundred thousand bales for such year, as the case may be. (c) Notwithstanding the foregoing provisions of this section, the national allotment for 1938 and for 1939 shall be increased by a number of bales equal to the production of the acres allotted under section 344 (e) for such year. APPORTIONMENT OF NATIONAL ALLOTMENT SEC. 344. (a) The national allotment for cotton for each year (excluding that portion of the national allotment provided for in section 343 (c)) shall be apportioned by the Secretary among the several States on the basis of the average, for the five years pre- ceding the year in which the national allotment is determined, of the normal production of cotton in each State. The normal production of a State for a year shall be (1) the quantity produced therein plus (2) the normal yield of the acres diverted in each county in the State under the previous agricultural adjustment or conservation pro- grams. The normal yield of the acres diverted in any county in any year shall be the average yield per acre of the planted acres in such county in such year times the number of acres diverted in such county in such year. (b) The Secretary shall ascertain, on the basis of the average yield per acre in each State, a number of acres in such State which will produce a number of bales equal to the allotment made to the State under subsection (a). Such number of acres is referred to as the "State acreage allotment". The average yield per acre for any State shall be determined on the basis of the average of the normal produc- tion for the State for the years used in computing the allotment to the State, and the average, for the same period, of the acres planted and the acres diverted in the State. (c) (1) The State acreage allotment (less the amount required for apportionment under paragraph (2)) shall be apportioned annually by the Secretary to the counties in the State. The appor- tionment to the counties shall be made on the basis of the acreage planted to cotton during the five calendar years immediately preced- ing the calendar year in which the State allotment is apportioned (plus, in applicable years, the acreage diverted under previous agri- cultural adjustment and conservation programs), with adjustments for abnormal weather conditions and trends in acreage during such five-year period. (2) Not more than 2 per centum of the State acreage allotment shall be apportioned to farms in such State which were not used for cotton production during any of the three calendar years immedi- ately preceding the year for which the allotment is made, on the basis of land, labor, and equipment available for the production of cotton; crop rotation practices; and the soil and other physical facili- ties affecting the production of cotton. Finding and proc- lamation of, for 1938; time limitation. Determination of, for 1938 or 1939. Increase, for 1938 and 1939. Post,p. 203 . Apportionment of national allotment. Basis. Normal production defined. "State acreage allot- ment." Post, p. 203 . County apportion- ment. Farms not used for cotton production during preceding three years. 57
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