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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1965

   Food and Agriculture Act of 1965

   Pub. L. 89–321 title VII § 706 · 79 Stat. 1187

   Enacted · 7 U.S.C. § 1305

   Pub. L. 89–321, title VII, § 706, Nov. 3, 1965, 79 Stat. 1210

   Source evidence

   Code source credit
   Pub. L. 89–321, title VII, § 706, Nov. 3, 1965, 79 Stat. 1210

   Enacted provision · exact public law section
   Sec. 706. 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, or section 16 of the Soil Conservation and Domestic Allotment Act, as amended, 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 transfer are not fulfilled.

2. 1973

   Agriculture and Consumer Protection Act of 1973

   Pub. L. 93–86 § 1(12)(a) · 87 Stat. 221

   Amended · 7 U.S.C. § 1305

   Pub. L. 93–86 amended Pub. L. 91–524. See 1970 Amendment notes below

   Source evidence

   Code amendment note
   Pub. L. 93–86 amended Pub. L. 91–524. See 1970 Amendment notes below.

   Enacted provision · exact public law section
   (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

   Effective date note
   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.

3. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 § 606 · 84 Stat. 1358

   Inserted · 7 U.S.C. § 1305

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 606. Effective only with respect to the 1971, 1972, and 1973 Ante, p. 1367. “Acre age allotments” crops, section 706, Public Law 89–321 (79 Stat. 1210) is amended by adding at the end thereof the following sentence: “The term ‘acreage allotments’ as used in this section includes the farm base acreage allotments for upland cotton.”

   Effective date note
   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.

4. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 § 405(2) · 84 Stat. 1358

   Repealed · 7 U.S.C. § 1305

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) by adding at the end thereof the following sentence: “The term ‘acreage allotments’ as used in this section includes the domestic “Acreage allotments.” allotment for wheat.”

   Effective date note
   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.

5. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 § 405(a) · 84 Stat. 1358

   Inserted · 7 U.S.C. § 1305

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 405. Effective only with respect to the 1971, 1972, and 1973 crops of wheat, section 706, Public Law 89–321 (79 Stat. 1210), is 7 USC 1305. amended as follows: (1) by adding in the first sentence after the words “the Soil Conservation and Domestic Allotment Act, as amended,” the words “or the Agricultural Act of 1949, as amended,”; and (2) by adding at the end thereof the following sentence: “The term ‘acreage allotments’ as used in this section includes the domestic “Acreage allotments.” allotment for wheat.”

   Effective date note
   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.

5 of 5 references resolved to an enrolled provision