§1305 — Title 7 Agriculture | U.S. Code

§1305 Transfer of acreage allotments or feed grain bases on public lands upon request of State agencies

Title 7 › Chapter CHAPTER 35— - AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter SUBCHAPTER II— - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part Part A— - Definitions, Loans, Parity Payments, and Consumer Safeguards › § 1305

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Agriculture can allow a State agency that manages public lands to move acreage allotments or feed-grain bases and their production histories (as set under the Agricultural Adjustment Act of 1938 or section 590p of title 16) from one public-land farm to other public-land farm(s) in the same county. The farm giving up the allotment must keep at least as many acres in permanent vegetative cover as the allotment or base was before any adjustment. The Secretary will make rules to run the program. The rules can reduce a transfer if the receiving farm normally has higher yields per acre, set reasonable size limits based on local farms, and reverse transfers if the required conditions are not met.

Title 7, §1305

Agriculture — Source: USLM XML via OLRC

Notwithstanding any other provision of law, the Secretary, upon the request of any agency of any State charged with the administration of the public lands of the State, may permit the transfer of acreage allotments or feed grain bases together with relevant production histories which have been determined pursuant to the Agricultural Adjustment Act of 1938, as amended [7 U.S.C. 1281 et seq.], or section 590p of title 16, from any farm composed of public lands to any other farm or farms in the same county composed of public lands: Provided, That as a condition for the transfer of any allotment or base an acreage equal to or greater than the allotment or base transferred prior to adjustment, if any, shall be devoted to and maintained in permanent vegetative cover on the farm from which the transfer is made. The Secretary shall prescribe regulations which he deems necessary for the administration of this section, which may provide for adjusting downward the size of the allotment or base transferred if the farm to which the allotment or base is transferred normally has a higher yield per acre for the commodity for which the allotment or base is determined, for reasonable limitations on the size of the resulting allotments and bases on farms to which transfers are made, taking into account the size of the allotments and bases on farms of similar size in the community, and for retransferring allotments or bases and relevant histories if the conditions of the transfers are not fulfilled.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Agricultural Adjustment Act of 1938, referred to in text, is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 1281 of this title and Tables. Codification Section was enacted as part of the Food and Agriculture Act of 1965, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.

Amendments

1973—Pub. L. 93–86 amended Pub. L. 91–524. See 1970 Amendment notes below. 1970—Pub. L. 91–524, § 606, temporarily inserted at end “The term ‘acreage allotments’ as used in this section includes the farm base acreage allotments for upland cotton.” See Effective and Termination Dates of 1970 Amendment note below. Pub. L. 91–524, § 405(2), which temporarily inserted at end “The term ‘acreage allotments’ as used in this section includes the domestic allotment for wheat.”, was repealed by Pub. L. 93–86. Pub. L. 91–524, § 405(a), formerly § 405, as renumbered and amended by Pub. L. 93–86, temporarily inserted “or the Agricultural Act of 1949, as amended,” after “title 16,”. See Effective and Termination Dates of 1970 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective Date

of 1973 Amendment Pub. L. 93–86, § 1(12)(a), Aug. 10, 1978, 87 Stat. 229, provided that the repeal of section 405(2) of Pub. L. 91–524 is effective with the 1974 crop. Effective and Termination Dates of 1970 Amendment Pub. L. 91–524, title IV, § 405(a), formerly § 405, Nov. 30, 1970, 84 Stat. 1366, as renumbered and amended by Pub. L. 93–86, § 1(12)(a), Aug. 10, 1973, 87 Stat. 229, provided that the amendment made by section 405(a) of Pub. L. 91–524 is effective only with respect to the 1971 through 1977 crops of wheat. Pub. L. 91–524, title VI, § 606, Nov. 30, 1970, 84 Stat. 1378, as amended by Pub. L. 93–86, § 1(22), Aug. 10, 1973, 87 Stat. 235, provided that the amendment made by section 606 of Pub. L. 91–524 is effective only with respect to the 1971 through 1977 crops.