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ACREAGE RESERVE PROGRAM IN MAJOR DISASTER

AREAS

WEDNESDAY, JUNE 26, 1957

HOUSE OF REPRESENTATIVES,
COMMITTEE ON AGRICULTURE,

Washington, D. C.

The committee met at 10 o'clock a. m., in room 1310, New House Office Building, Hon. W. R. Poage (chairman) presiding.

Mr. POAGE. The committee will come to order.

We have this morning a long list of bills relating to emergency acreage reserve program in areas determined to be major disaster

areas.

(The subject bills, H. R. 8051, H. R. 8063, H. R. 8067, H. R. 8070, H. R. 8073, H. R. 8052, H. R. 8064, H. R. 8069, H. R. 8074, H. R. 8031, H. R. 8033, and H. R. 8032 follow:)

[H. R. 8051, 85th Cong., 1st sess.]

A BILL To provide for an emergency acreage reserve program in areas determined to be major disaster areas

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture shall formulate and carry out an emergency acreage reserve program with respect to the 1957 crop of soil bank commodities planted in areas affected by major disasters determined by the President to warrant assistance by the Federal Government under Public Law 875, Eighty-first Congress, as amended (42 U. S. C. 1855). Such program shall provide for compensating each producer whose acreage of a soilbank commodity was reduced below his farm acreage allotment for that commodity because his crop of the commodity was destroyed or seriously damaged in the course of such a major disaster.

SEC. 2. To be eligible for compensation under this Act, the producer (1) shall specifically designate the acreage which constitutes the reduction with respect to which compensation will be paid (the acreage so designated being hereinafter referred to as the "emergency reserve acreage") and (2) shall not harvest any crop from, or graze, the emergency reserve acreage unless the Secretary, after certification by the Governor of the State in which such acreage is situated of the need for grazing on such acreage, determines that it is necessary to permit grazing thereon in order to alleviate damage, hardship, or suffering caused by such major disaster and consents to such grazing.

SEC. 3. The emergency reserve acreage shall be in addition to any acreage devoted to programs authorized under the Soil Bank Act. The emergency acreage reserve program may include such terms and conditions, in addition to those specifically provided for herein, including provisions relating to control of noxious weeds on the reserve acreage, as the Secretary determines are desirable to effectuate this Act and to facilitate the practical administration of the emergency acreage reserve program.

SEC. 4. Before any producer is entitled to receive any compensation for participating in the emergency acreage reserve program, he must first enter into a contract with the Secretary, which contract, in addition to such other terms and conditions as may be prescribed by the Secretary, shall contain provisions by which such producer shall agree:

(1) In the event that the Secretary determines that there has been a violation of the contract at any stage during the time such producer has control of the

farm and that such violation is of such a substantial nature as to warrant termination of the contract, to forfeit all rights to payments or grants under the contract, and to refund to the United States all payments and grants received by him thereunder: Provided, That the provisions of section 107 (d) of the Soil Bank Act shall apply to the termination of any contract hereunder.

(2) In the event that the Secretary determines that there has been a violation of the contract but that such violation is of such a nature as not to warrant termination of the contract, to accept such payment and adjustment, forfeit such benefits, and make such refunds to the United States of payments and benefits received by him, under the contract, as the Secretary may determine to be appropriate.

SEC. 5. Compensation under this Act shall be at the rate the Secretary determines would be the rate of compensation for the farm under the acreage reserve program authorized by the Soil Bank Act. Such compensation shall be paid in cash as soon as practicable after the enactment of this Act.

SEC. 6. The facts constituting the basis for any payment or compensation, or the amount thereof, authorized to be made under this Act, when officially determined in conformity with applicable regulations prescribed by the Secretary, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government. In case any producer who is entitled to any payment or compensation dies, becomes incompetent, or disappears before receiving such payment or compensation, or is succeeded by another who renders or completes the required performance, the payment or compensation shall, without regard to any other provisions of law, be made as the Secretary may determine to be fair and reasonable in all the circumstances and so provide by regulation.

SEC. 7. Any producer who knowingly and willfully grazes or harvest any crop from any acreage in violation of a contract entered into under this Act shall be subject to a civil penalty equal to 50 per centum of the compensation payable for compliance with such contract. Such penalty shall be in addition to any amounts required to be forfeited or refunded under the provisions of such contract and shall be recoverable in a civil suit brought in the name of the United States. SEC. 8. The Secretary shall prescribe such regulations as he determines necessary to carry out the provisions of this title.

SEC. 9. As used in this Act, the term

(1) "Soil-bank commodity" means wheat, cotton, corn produced in the commercial corn-producing area, peanuts, rice, flue-cured tobacco, burley tobacco, Maryland tobacco, dark air-cured tobacco, fire-cured tobacco, Virginia sun-cured tobacco, cigar binder tobacco types 51, 52, 54, and 55, Ohio cigar filler tobacco types 42, 43, and 44, respectively.

(2) "Secretary" means the Secretary of Agriculture.

[H. R. 8063, 85th Cong., 1st sess.]

A BILL To provide for an emergency acreage reserve program in areas determined to be major disaster areas Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture shall formulate and carry out an emergency acreage reserve program with respect to the 1957 crop of soil-bank commodities planted in areas affected by major disasters determined by the President to warrant assistance by the Federal Government under Public Law 875, Eighty-first Congress, as amended (42 U. S. C. 1855). Such program shall provide for compensating each producer whose acreage of a soilbank commodity was reduced below his farm acreage allotment for that commodity because his crop of the commodity was destroyed or seriously damaged in the course of such a major disaster.

SEC. 2. To be eligible for compensation under this Act, the producer (1) shall specifically designate the acreage which constitutes the reduction with respect to which compensation will be paid (the acreage so designated being hereinafter referred to as the "emergency reserve acreage") and (2) shall not harvest any crop from, or graze, the emergency reserve acreage unless the Secretary, after certification by the Governor of the State in which such acreage is situated of the need for grazing on such acreage, determines that it is necessary to permit grazing thereon in order to alleviate damage, hardship, or suffering caused by such major disaster and consents to such grazing.

SEC. 3. The emergency reserve acreage shall be in addition to any acreage devoted to programs authorized under the Soil Bank Act. The emergency acreage reserve program may include such terms and conditions, in addition to

those specifically provided for herein, including provisions relating to control of noxious weeds on the reserve acreage, as the Secretary determines are desirable to effectuate this Act and to facilitate the practical administration of the emergency acreage reserve program.

SEC. 4. Before any producer is entitled to receive any compensation for participating in the emergency acreage reserve program, he must first enter into a contract with the Secretary, which contract, in addition to such other terms and conditions as may be prescribed by the Secretary, shall contain provisions by which such producer shall agree:

(1) In the event that the Secretary determines that there has been a violation of the contract at any stage during the time such producer has control of the farm and that such violation is of such a substantial nature as to warrant termination of the contract, to forfeit all rights to payments or grants under the contract, and to refund to the United States all payments and grants received by him thereunder: Provided, That the provisions of section 107 (d) of the Soil Bank Act shall apply to the termination of any contract hereunder.

(2) In the event that the Secretary determines that there has been a violation of the contract but that such violation is of such a nature as not to warrant termination of the contract, to accept such payment and adjustment, forfeit such benefits, and make such refunds to the United States of payments and benefits received by him, under the contract, as the Secretary may determine to be appropriate.

SEC. 5. Compensation under this Act shall be at the rate the Secretary determines would be the rate of compensation for the farm under the acreage reserve program authorized by the Soil Bank Act. Such compensation shall be paid in cash as soon as practicable after the enactment of this Act.

SEC. 6. The facts constituting the basis for any payment or compensation, or the amount thereof, authorized to be made under this Act, when officially determined in conformity with applicable regulations prescribed by the Secretary, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government. In case any producer who is entitled to any payment or compensation dies, becomes incompetent, or disappears before receiving such payment or compensation, or is succeeded by another who renders or completes the required performance, the payment or compensation shall, without regard to any other provisions of law, be made as the Secretary may determine to be fair and reasonable in all the circumstances and so provide by regulation.

SEC. 7. Any producer who knowingly and willfully grazes or harvests any crop from any acreage in violation of a contract entered into under this Act shall be subject to a civil penalty equal to 50 per centum of the compensation payable for compliance with such contract. Such penalty shall be in addition to any amounts required to be forfeited or refunded under the provisions of such contract and shall be recoverable in a civil suit brought in the name of the United States. SEC. 8. The Secretary shall prescribe such regulations as he determines necessary to carry out the provisions of this Act.

SEC. 9. As used in this Act, the term-

(1) "Soil-bank commodity" means wheat, cotton, corn produced in the commercial corn-producing area, peanuts, rice, flue-cured tobacco, burley tobacco, Maryland tobacco, dark air-cured tobacco, fire-cured tobacco, Virginia sun-cured tobacco, cigar binder tobacco types 51, 52, 54, and 55, Ohio cigar filler tobacco types 42, 43, and 44, respectively.

(2) "Secretary" means the Secretary of Agriculture.

[H. R. 8067, 85th Cong., 1st sess.]

A BILL To provide for an emergency acreage reserve program in areas determined to be major disaster areas Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture shall formulate and carry out an emergency acreage reserve program with respect to the 1957 crop of soil bank commodities planted in areas affected by major disasters determined by the President to warrant assistance by the Federal Government under Public Law 875, Eighty-first Congress, as amended (42 U. S. C. 1855). Such program shall provide for compensating each producer whose acreage of a soilbank commodity was reduced below his farm acreage allotment for that commodity because his crop of the commodity was destroyed or seriously damaged in the course of such a major disaster.

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