B-136899, JUL. 28, 1958
Highlights
TO THE SECRETARY OF AGRICULTURE: WE HAVE BEEN REQUESTED TO RENDER AN OPINION CONCERNING THE LEGALITY OF THE SOIL BANK REGULATIONS AND CONTRACTUAL PROVISIONS. PROHIBIT PAYMENTS TO FARMERS FOR ACREAGE PLACED IN THE ACREAGE RESERVE UNLESS HE PLOWS UP ADDITIONAL ACREAGE WHICH IS IN EXCESS OF HIS "SOIL BANK BASE" BUT WITHIN THE ACREAGE ALLOTMENT REMAINING TO HIM. THE EXAMPLE PRESENTED IS A SMALL COTTON FARMER IN MISSISSIPPI WITH A COTTON ACREAGE ALLOTMENT OF 4 ACRES AND A SOIL BANK BASE OF 2 ACRES FOR 1958. HE WILL NOT RECEIVE PAYMENT FOR THE 2 ACRES PLACED IN THE ACREAGE RESERVE UNLESS HE PLOWS UP THE 1.6 ACRES HE HAS PLANTED. IT HAS BEEN CONTENDED THAT THIS REQUIREMENT TO DESTROY THE CROP IS IN EXCESS OF ANY AUTHORITY GRANTED IN THE SOIL BANK ACT.