# § 1305. Transfer of acreage allotments or feed grain bases on public lands upon request of State agencies
7 U.S.C. 1281section 590p of title 16*Provided*
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 [ et seq.], or , from any farm composed of public lands to any other farm or farms in the same county composed of public lands: , 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.
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**Source Credit**: (Pub. L. 89–321, title VII, § 706, Nov. 3, 1965, 79 Stat. 1210; Pub. L. 91–524, title IV, § 405(a), formerly § 405, title VI, § 606, Nov. 30, 1970, 84 Stat. 1366, 1378, renumbered § 405(a) and amended Pub. L. 93–86, § 1(12)(a), Aug. 10, 1973, 87 Stat. 229.)
## Editorial Notes
### References in Text
The Agricultural Adjustment Act of 1938, referred to in text, is , , which is classified principally to this chapter. For complete classification of this Act to the Code, see 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— amended . See 1970 Amendment notes below.
1970—, 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.
, which temporarily inserted at end “The term ‘acreage allotments’ as used in this section includes the domestic allotment for wheat.”, was repealed by .
, formerly § 405, as renumbered and amended by , 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
, , , provided that the repeal of is effective with the 1974 crop.
### Effective and Termination Dates of 1970 Amendment
, formerly § 405, , , as renumbered and amended by , , , provided that the amendment made by is effective only with respect to the 1971 through 1977 crops of wheat.
, , , as amended by , , , provided that the amendment made by is effective only with respect to the 1971 through 1977 crops.