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7 U.S.C. § 1308 — Transfer of acreage allotments or feed grain bases on public lands upon request of State agencies
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.], or [section 590p of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590p&num=0&edition=prelim), 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.
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Stable record: federal_law:legal_authorities:record_usc_072259a25004d4a43bf62d30
Source file: Laws/federal/codes/united-states-code/title-7/section-1308-transfer-of-acreage-allotments-or-feed-grain-bases-on-public-lands-upon--22f2de0795.md
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Source location: Title 7, Chapter 35, § 1308; chapter-035-agricultural-adjustment-act-of-1938.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.], or [section 590p of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590p&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Apr. 27, 1935, ch. 85, § 16, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151; amended Aug. 7, 1956, ch. 1030, § 1, 70 Stat. 1115; Sept. 14, 1960, Pub. L. 86–793, § 1, 74 Stat. 1030; Mar. 22, 1961, Pub. L. 87–5, § 2, 75 Stat. 6; Aug. 8, 1961, Pub. L. 87–128, title I, § 132, title IV, § 401, 75 Stat. 302, 319; Mar. 30, 1962, Pub. L. 87–425, § 2, 76 Stat. 50; May 15, 1962, Pub. L. 87–451, § 4, 76 Stat. 70; Sept. 27, 1962, Pub. L. 87–703, title I, § 101(4), (5), title III, § 302, 76 Stat. 606, 607, 612; May 20, 1963, Pub. L. 88–26, § 3, 77 Stat. 45; Nov. 3, 1965, Pub. L. 89–321, title III, § 302, title VI, § 602(g), 79 Stat. 1190, 1208; Oct. 11, 1968, Pub. L. 90–559, § 1(1), 82 Stat. 996; Nov. 18, 1969, Pub. L. 91–118, §§ 1–3, 83 Stat. 194, 195; Nov. 30, 1970, Pub. L. 91–524, title VIII, § 801, 84 Stat. 1379; June 6, 1980, Pub. L. 96–263, § 1, 94 Stat. 438; Nov. 28, 1990, Pub. L. 101–624, title XIV, § 1455, 104 Stat. 3614; Nov. 2, 1994, Pub. L. 103–437, § 6(s), 108 Stat. 4587, related to limitation on obligations incurred for purpose of carrying out certain sections and Great Plains conservation program.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this chapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; lawbooks, books of reference, directories, periodicals, and newspapers; and the preparation and display of exhibits, including such displays at community, county, State, interstate, and international fairs within the United States. The Secretary of the Treasury is authorized and directed upon the request of the Secretary to establish one or more separate appropriation accounts into which there shall be transferred from the respective funds available for the purposes of this chapter and chapter 3B of title 16, in connection with which personnel or other facilities of the Agricultural Adjustment Administration are utilized, proportionate amounts estimated by the Secretary to be required by the Agricultural Adjustment Administration for administrative expenses in carrying out or cooperating in carrying out any of the provisions of this chapter and chapter 3B of title 16.
**(b)** In the administration of this subchapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, the aggregate amount expended in any fiscal year, beginning with the fiscal year ending June 30, 1942, for administrative expenses in the District of Columbia, including regional offices, and in the several States (not including the expenses of county and local committees) shall not exceed 3 per centum of the total amount available for such fiscal year for carrying out the purposes of this subchapter and chapter 3B of title 16, unless otherwise provided by appropriation or oth
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1281
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Agriculture is authorized to provide assistance under this section to eligible landowners who suffer destruction of 35 percent or more of a commercial tree stand due to damaging weather, related condition, or wildfire.
**(b) Form of assistance** The assistance, if any, provided by the Secretary under this section shall consist of either—
(1) reimbursement of up to 65 percent of the cost of reestablishing such tree stand damaged by the damaging weather, related condition, or wildfire in excess of 35 percent mortality; or
(2) at the discretion of the Secretary, provision of sufficient tree seedlings to reestablish such tree stand.
**(c) Conditions**
(1) **Limitation on assistance** — No person may receive an amount in excess of $25,000 in any fiscal year, or an equivalent value in tree seedlings, under this section.
(2) **Ineligibility** — A person who has qualifying gross revenues in excess of $2,000,000 annually, as determined by the Secretary, shall not be eligible to receive any disaster payment or other benefits under this section.
(3) **Implementation** — In implementing this section, the Secretary shall issue regulations—
(A) defining the term “person” for the purposes of this section that shall conform, to the extent practicable, to the regulations defining the term “person” issued under section 1308 11 See References in Text note below. of title 7 (before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008);
(B) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitations established under this subsection; and
(C) ensuring that no person receives duplicative payments or assistance under this section, the Cooperativ
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2106a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Timing** The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subpart—
(1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as practicable after the obligation is incurred; and
(2) with respect to any annual rental payment obligation incurred by the Secretary—
(A) as soon as practicable after October 1 of each calendar year; or
(B) at the option of the Secretary, at any time prior to such date during the year that the obligation is incurred.
**(b) Cost sharing payments**
(1) **In general** — In making cost sharing payments to an owner or operator under a contract entered into under this subpart, the Secretary shall pay 50 percent of the cost of establishing water quality and conservation measures and practices required under each contract for which the Secretary determines that cost sharing is appropriate and in the public interest.
(2) **Limitations**
(A) *In general* — The Secretary shall ensure, to the maximum extent practicable, that cost sharing payments to an owner or operator under this subpart, when combined with the sum of payments from all other funding sources for measures and practices described in paragraph (1), do not exceed 100 percent of the total actual cost of establishing those measures and practices, as determined by the Secretary.
(B) *Mid-contract management grazing* — The Secretary may not make any cost sharing payment to an owner or operator under this subpart pursuant to [section 3832(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3832/a/5&num=0&edition=prelim).
(C) *Seed cost* — In the case of seed costs related to the establishment of cover, cost sharing payments und
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3834
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Ownership or operation requirements**
(1) **In general** — Except as provided in paragraph (2), no contract shall be entered into under this subpart concerning land with respect to which the ownership has changed in the 1-year period preceding the first year of the contract period unless—
(A) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(B) the new ownership was acquired before January 1, 1985;
(C) the Secretary determines that the land was acquired under circumstances that give adequate assurance that the land was not acquired for the purpose of placing the land in the program established by this subpart; or
(D) the ownership change occurred due to foreclosure on the land and the owner of the land immediately before the foreclosure exercises a right of redemption from the mortgage holder in accordance with State law.
(2) **Exceptions** — Paragraph (1) shall not—
(A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this subpart; or
(B) require a person to own the land as a condition of eligibility for entering into the contract if the person—
(i) has operated the land to be covered by a contract under this section for at least 1 year preceding the date of the contract or since January 1, 1985, whichever is later; and
(ii) controls the land for the contract period.
**(b) Sales or transfers** If, during the term of a contract entered into under this subpart, an owner or operator of land subject to the contract sells or otherwise transfers the ownership or right of occupancy of the land, the new owner or operator of the land may—
(1) continue the contract under the same terms or conditions;
(2) enter into a new contract in ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3835
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Agricultural commodity** — The term “agricultural commodity” means any agricultural commodity (including livestock) in its raw or natural state.
(2) **Agricultural commodity producer** — The term “agricultural commodity producer” has the same meaning as the term “person” as prescribed by regulations promulgated under [section 1308(e) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308/e&num=0&edition=prelim) (before the amendment made by section 1703(a) 11 See References in Text note below. of the Food, Conservation, and Energy Act of 2008).
(3) **Contributed importantly**
(A) *In general* — The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.
(B) *Determination of contributed importantly* — The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this part was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary.
(4) **Duly authorized representative** — The term “duly authorized representative” means an association of agricultural commodity producers.
(5) **National average price** — The term “national average price” means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary.
(6) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2401b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Actual production history yield** — The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.) or the noninsured crop disaster assistance program, respectively.
(2) **Actual production on the farm** — The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
(3) **Adjusted actual production history yield** — The term “adjusted actual production history yield” means—
(A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 508(g)(4)(B) of the Federal Crop Insurance Act ([7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)), the actual production history for the eligible producer without regard to any yields established under that section;
(B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act [[7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)], the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 508(g)(4)(B) of tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2497b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section through [section 1308–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308-5&num=0&edition=prelim):
(1) **Covered commodity** — The term “covered commodity” has the meaning given that term in section 1111 of the Agricultural Act of 2014 ([7 U.S.C. 9011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9011&num=0&edition=prelim)).
(2) **Family member** — The term “family member” means a person to whom a member in the farming operation is related as lineal ancestor, lineal descendant, sibling, first cousin, niece, nephew, spouse, or otherwise by marriage.
(3) **Legal entity** — The term “legal entity” means an entity that is created under Federal or State law and that—
(A) owns land or an agricultural commodity; or
(B) produces an agricultural commodity.
(4) **Person** — The term “person” means a natural person, and does not include a legal entity.
(5) **Qualified pass-through entity** — The term “qualified pass-through entity” means—
(A) a partnership (within the meaning of subchapter K of chapter 1 of the Internal Revenue Code of 1986 [[26 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim) et seq.]);
(B) an S corporation (as defined in section 1361 of that Code);
(C) a limited liability company that does not affirmatively elect to be treated as a corporation; and
(D) a joint venture or general partnership.
(6) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
**(b) Limitation on payments for covered commodities (other than peanuts)** Subject to subsection (i), the total amount of payments received, directly or indirectly, by a person or legal entity (except
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308–3
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification of interests** To facilitate administration of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) and this section, each person or legal entity receiving payments described in subsections (b) and (c) of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) as a separate person or legal entity shall separately provide to the Secretary, at such times and in such manner as prescribed by the Secretary—
(1) the name and social security number of each person, or the name and taxpayer identification number of each legal entity, that holds or acquires an ownership interest in the separate person or legal entity; and
(2) the name and taxpayer identification number of each legal entity in which the person or legal entity holds an ownership interest.
**(b) Actively engaged**
(1) **In general** — To be eligible to receive a payment described in subsection (b) or (c) of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim), a person or legal entity shall be actively engaged in farming with respect to a farming operation as provided in this subsection or subsection (c).
(2) **Classes actively engaged** — Except as provided in subsections (c) and (d)—
(A) a person (including a person participating in a farming operation as a partner in a qualified pass-through entity, a grantor of a revocable trust, or a participant in a similar entity, as determined by the Secretary) shall be considered to be actively engaged in farming with respect to a farming operation if—
(i) the person makes a significant contribution (based on the to
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308–3a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 2-year denial of program benefits** A person or legal entity shall be ineligible to receive payments specified in subsections (b) and (c) of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) for the crop year, and the succeeding crop year, in which the Secretary determines that the person or legal entity—
(1) failed to comply with [section 1308–1(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308–1/b&num=0&edition=prelim) and adopted or participated in adopting a scheme or device to evade the application of section 1308, 1308–1, or 1308–3 of this title; or
(2) intentionally concealed the interest of the person or legal entity in any farm or legal entity engaged in farming.
**(b) Extended ineligibility** If the Secretary determines that a person or legal entity, for the benefit of the person or legal entity or the benefit of any other person or legal entity, has knowingly engaged in, or aided in the creation of a fraudulent document, failed to disclose material information relevant to the administration of sections 1308 through 1308–5 of this title, or committed other equally serious actions (as identified in regulations issued by the Secretary), the Secretary may for a period not to exceed 5 crop years deny the issuance of payments to the person or legal entity.
**(c) Pro rata denial**
(1) **In general** — Payments otherwise owed to a person or legal entity described in subsections (a) or (b) shall be denied in a pro rata manner based on the ownership interest of the person or legal entity in a farm.
(2) **Cash rent tenant** — Payments otherwise payable to a person or legal entity shall be denied in a pro rata manner if the person o
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308–4
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